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Home My WebLink About20221264.tiffRESOLUTION RE: APPROVE SINGLE SOURCE AGREEMENT FOR PROFESSIONAL SERVICES FOR CENTENNIAL CENTER BOILER CONTROLS SYSTEM AND AUTHORIZE CHAIR TO SIGN - SETPOINT SYSTEMS CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Single Source Agreement for Professional Services for the Centennial Center Boiler Controls System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Setpoint Systems Corporation, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Single Source Agreement for Professional Services for the Centennial Center Boiler Controls System between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Setpoint Systems Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: ditAvo 41"1, ;e1 Weld County Clerk to the Board Deputy Clerk to the Boar APPROVED County`s ttorney Date of signature: 5 /I( /22. t K. James, Chair cc :B60-7/SO S/i3/22 2022-1264 BG0024 Nnwo,(4-‘o451qc1 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 April 15, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Centennial Center Boiler — HVAC Controls The County awarded a bid (82100151) to replace a failed heating boiler at the Centennial Center. A like - for -like boiler is no longer available. Therefore, a suitable substitute that met heating capacity was approved. However, the suitable substitute does not contain internal controls that will communicate with the remaining boilers due to the proprietary nature of each manufacturer. The building uses a proprietary HVAC control system called Delta Controls to control the remaining aspects of the building. The building's HVAC control system was single sourced many years ago using Delta Controls through the Colorado manufacturer's representative called SetPoint Systems in accordance with County Code Sec. 5-4-95. —Single Source purchases: A Single Source procurement is one in which two (2) or more vendors can supply the commodity, technology and/or perform the services required, but the County has selected a system of one (1) vendor over the others by weighing the options and choosing a supplier that in good faith best meets the needs in accordance with Sec. 5-4-160. Such purchases, when identified and justified by the requesting department, and upon concurrence of the Controller or Assistant Controller, shall be exempt from the quote and bid process. Purchases over twenty-five thousand dollars ($25,000.00) will require approval from the Board of County Commissioners. To allow the replacement boiler to function properly for supplying heat to the building, the recommendation is to update the controls system to accept all boilers. The quote to make these software and hardware changes is $23,991.00. In addition, should future boilers fail, they can be integrated into the updated configuration regardless of manufacturer. Therefore, the Facilities Department is recommending approval of the HVAC Control changes for $23,991.00 using the single source procurement method so the new boiler can be installed and made functional. If you have any questions, please contact me at extension 2023. 2022-1264 o51a4 6G0Ozg Sincerely, Toby Taylor Director AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SETPOINT SYSTEMS CORPORATION CENTENNIAL CENTER BOILER CONTROLS SYSTEM THIS AGREEMENT is made and entered into this slay of _ , 20274 by and between the County of Weld, a body corporate and politic of the State of olorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Setpoint Systems Corporation, whose address is 8167 South Park Circle Littleton, CO 80120, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County; and WHEREAS, Contractor is single source provider and willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit A: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibit A, which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of Contractor's Response to County's Request for services. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment andlor products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibit which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of the Exhibit within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities o2a.2,2 `�� described in Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $23,991.00, which is the bid set forth in Exhibit A. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Goverment Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. $. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential infonmation and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado `Yorkers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: S1,000,000 each occurrence; S2,000,000 general aggregate; S1,000,000 Personal Advertising injury S2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and S1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor,/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Setpoint Systems Corporation Attn.: Aaron Nahale Address: 8167 South Park Circle Address: Littleton, CO 80 i 20 E-mail: anahaleRsetpointsystems.com Telephone: (303) 868-7801 Count Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Laic. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Nan -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest -- C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules andlor regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit, 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 6 day of ft 4' j , 2o.g. CONTRACTOR: Setnoint Systems Cort oration By: Name: Title: Date __,V2 6) 2 WELD T: Y:.' (� ,,�,/ /, ATTEST:�j"�/�/1,J G •�CLLO tx. Weld C • u y Clerk to the B and WD COUNTY, COLORADO BY: BOARD OF COUNTY COMMISSIONERS :t K. James, Chair MAY 0 4 2022 0200101 /076 Exhibit A TO: Toby Taylor Department of Building & Grounds Weld County FROM: Aaron Nahale, Setpoint Systems 303-868-7801 ANahale@setPointsystems.com DATE: 4/14/2022 SUBJECT: Weld County Centennial Center Boiler Replacement Greeley, CO SSC Estimate ID RM2022040046 NARRATIVE One of (Four) existing boilers at Weld County Centennial Center is being replaced with a 3rd party boiler not compatible with the existing Lochinvar Master Boiler Cascade control system. To maintain the same level of control between all boilers. Setpoint proposes to disable the Lochinvar Cascade control system and to add control relays and additional control points to independently control each Lochinvar boiler and maintain the level of control that was provided by the Lochinvar Cascade control system. To accomplish this Setpoint will need to install additional control wiring to each of the (3) existing Lochinvar boilers to accommodate the necessary control points described below. This proposal is contingent upon acceptance of another proposal to Energy Services of Colorado for the Centennial Center Boiler Replacement scope of work. This proposal includes multiple trips to complete the scope of work. SCOPE OF WORK Project Documents Our proposal is based upon the following; specifically; 1. Weld County, Request for bid #82100151 Centennial Center Boiler Replacement#; dated 11-19-2021 2. Weld County, Addendum #1 Centennial Center Boiler Replacement; dated 11-3-2021 3. Patterson -Kelly, P -K Storm ST -1500 Boiler cutsheet; dated 2-13-2020 4. Setpoint Systems, As -Built Temperature control drawings from project C3388; dated 10-06- 2020 PROJECT DESCRIPTION This proposal is based on the following equipment; HVAC Equipment List: • (1) Heating Water System (4) Boilers HVAC EQUIPMENT DENVER 8167 South Park Circle Littleton, CO 80120 COLORADO SPRINGS 1055 Elkton Drive Colorado Springs, CO 80907 MINNESOTA 1831 1215, Street East Burnsville, MN 55337 24/7 service 1.800.372.8837 info@setpointsystems.com setpointsystems.com A. HEATING WATER SYSTEM 1. Eauipment List: a. (4) Boilers 2. Providing a. Setpoint will silence BAS alarms for the boiler that is being replaced before project begins. b. Setpoint will provide and install new control wiring and relays at each boiler for individual start/stop, supply temperature reset, and alarm points. c. Setpoint will install leaving water temperature sensors at each of the (3) Lochinvar boilers to monitor operation of each boiler. These sensors shall be strap -on pipe style sensors to avoid shutdown of the existing heating water system. d. Provide and install additional eBM modules on existing heating water system controller to accommodate additional hard -wired control points. e. Setpoint will disable the existing Lochinvar Cascade control system and independently control each boiler by resetting the supply water temperature and enabling each boiler to operate as needed. 3. Excluding a. Thermowell temperature sensors; temperature sensor to be strap -on pipe style to avoid draining of the heating water system 4. Points List: Existing Boilers (Typ. for 3) Description Input Output Alarm 1 Enable/Disable 1 Supply Temperature Reset 1 Leaving Water Temperature 1 TOTAL 2 2 B. NETWORK 1. Providing: Tasks a. Update Graphics on operator workstations b. Remote monitoring of the DDC system provided through web application c. Creation of alarms and alarm notification 2. Excluding: a. New operator workstation GENERAL EXCEPTIONS AND CLARIFICATIONS A. Our proposal is contingent upon receipt of a purchase order and/or subcontract agreement fully acceptable to Setpoint Systems Corporation (Setpoint) B. Network Communication: 1. System will fully integrate with existing Setpoint Controls DDC system C. Pricing is valid for (30) days from the proposal date. Due to the continued escalation of raw material prices, we cannot guarantee pricing beyond this timeframe unless otherwise specifically noted. We will work with our manufacturing partners to hold 2 Setpoint Systems Corporation Weld County Centennial Center Boiler Replacement I SSC RM2022040046 pricing beyond this timeframe, but quotes will need to be reviewed after (30) days. In addition, the global freight market continues to experience a significant imbalance between supply and demand, resulting in lead-time instability. Lead-times may be extended without warning - please coordinate critical completion schedules with your Setpoint Systems Sales Team D. Tax on materials of 0.0% E. Setpoint is licensed electrical contractor* EC0005478 F. Setpoint is signatory to the IBEW and UA G. Electrical installation shall be as follows: 1. All wire in conduit in exposed areas (ex. mechanical rooms) 2. Plenum rated wiring above drop ceiling areas 3. EMT will be used if in areas subject to physical damage 4. GRC will be used for outside conditions 5. 3/4" Minimum size for all conduit H. COVID-19 MEASURES 1. Masks will be always worn by our staff while on the site 2. Social distancing will be exercised 3. Work areas will be kept clean and sanitized when leaving 4. Setpoint employees will adhere to the jobsite rules and policies concerning COVID-19 I. Our quotation includes: 1. Setpoint DDC controls, devices, wiring, terminations, and programming unless noted as stand alone 2. All engineering drawings, system programming, system initialization, start-up, check- out, on -site turnover, and as -built documentation 3. Commissioning support to the commissioning agent only; full-time commissioning not included or required for this proposal 4. Existing end devices to be reused as existing (for existing equipment); existing end device(s) damaged or not fully functioning during this project, to be reported to the owner for resolution 5. One year warranty on parts and labor provided by Setpoint 6. Onsite training J. Our quotation does NOT include: 1. Testing and balancing for HVAC Systems; Setpoint provides support to balancer 2. Demo, patch, or paint 3. Fire alarm system wiring/devices 4. Fire/smoke dampers provision, installation, or control 5. Life Safety/Smoke Management System Devices, Monitoring, Interface, Wiring, Control, and installation in its entirety; Provided and installed by Fire Alarm Contractor 6. No payment or performance bonds included or required for this proposal 7. Any other work or control of any equipment not specified herein PRICING SUMMARY Base Price: Controls SETPOINT will provide Controls as specified in this proposal. $22,030.00 Add #1: Boiler System Outside Air Temp Sensor SETPOINT will provide and install a new Boiler System outside air temperature sensor reusing the existing conduit from the Factory $1961.00 Lochinvar outside air temperature sensor that is no longer required. Install additional conduit to existing BAS control panel. 3 Setpoint Systems Corporation Weld County Centennial Center Boiler Replacement I SSC RM2022040046 A� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown of Colorado, Inc. 1125 17th Street Ste 1450 Denver CO 80202 CONTACT Katharine Jilek NAME: PHONE Ext): (303) 980-6265 I FAX No): (720) 962-5142 E-MAIL kjilek@bbdenver.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Citizens Insurance Company of America 31534 INSURED Setpoint Systems Corporation 8167 South Park Circle Littleton CO 80120 INSURER B : Allmerica Financial Benefit Insurance Company 41840 INSURER C : The Hanover Insurance Company 22292 INSURER D : Lloyd's of London 15642 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 21-22 rewrite Cert 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 POLICIES 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 INSD SUBH WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y ZZ4 H815893 00 11/01/2021 07/01/2022 EACH OCCURRENCE $ 1,000,000 i ED PREM SES EaEoccurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PROT JEC PER: LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY r-- SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y AW4-H816142-00 11/01/2021 07/01/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist $ 1,000,000 C _ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE Y Y UH4 H816255 00 11/01/2021 07/01/2022 rZ6WO'�� R.I4 """' EACH OCCURRENCE 6,000,000 $ AGGREGATE $ 6,000,000 $ DED I XI RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N/A Y WH4 -H816180-00 11/01/2021 07/01/2022 XI STATUTE I I OTH ER E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 1000,000 $ , D Professional/Pollution Liability B0621PSETP000421 07/01/2021 07/01/2022 Professional Liability Pollution Liability Deductible $2,000,000 $2,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All policy terms, conditions and exclusions apply. Job Description (Contract name, location or however you identify the specific job): Weld County Centennial Center Boiler Replacement in Greeley, CO. Weld County is included as an additional insured in regard to General Liability and Umbrella Liability if required by written contract. Waiver of Subrogation applies in regards to General Liability, Auto Liability, Umbrella Liability and Workers Compensation if required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County 1105 H Street Greeley I CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Nahale Properties LLC; Nahale Properties II LLC Insured Multiple Names OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC ADDITIONAL COVERAGES Ref # Description Product Recall Coverage Code PRC Form No. Edition Date Limit 1 25,000 Limit 2 50,000 Limit 3 Deductible Amount 500 Deductible Type Premium Ref # Description Property damage -single limit Coverage Code PD Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 1,000 Deductible Type Premium Ref # Description Waiver of Subro Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Stop Gap Liab-OH Coverage Code Form No. Edition Date Limit 1 1,000,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Employee Benefits Coverage Code EBLIA Form No. Edition Date Limit 1 1,000,000 Limit 2 Limit 3 Deductible Amount 1,000 Deductible Type Premium Ref # Description Per Proj Agg Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Prim -Non Contrib Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Al - Ongoing Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Railroad Protective Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Ltd Pollution Coverage Code UTLPC Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description 30 day NOC-by reques Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. ADDITIONAL COVERAGES Ref # Description Medical payments Coverage Code MEDPM Form No. Edition Date Limit 1 5,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description PIP -Basic Coverage Code PIP Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Uninsured motorist combined single limit Coverage Code UMCSL Form No. Edition Date Limit 1 1,000,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Experience Mod Factor 1 Coverage Code EXP01 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description WCOT4 Coverage Code WCOT4 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description DEDOT Coverage Code DEDOT Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Other Premium Ref # Description WCOT1 Coverage Code WCOT1 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Increased employer's liability Coverage Code INEL Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Increased Limits Factor Coverage Code INCLF Forth No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. New Contract Request Entity itnCx>'rrn tion Entity Name* SETPOINT SYSTEMS CORP Contract Name* CENTENNIAL CENTER BOILER CONTROLS Contract Status CTB REVIEW Contract Description* BOILER CONTROL SYSTEM Contract Description 2 Contract Type* CONTRACT Amount* 523,991.00 Renewable* NO Automatic Renewal Grant Entity ID* a>00010762 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundsOweldgov.c om Department Head Email CM-BuildingGrounds- DeRtHeadt veldgov.r_om County Attorney GENERAL COUNTY AI I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYgWELDG OV.COM if this is a renewal enter previous Contract ID If this is pa of a I►4SA enter MA Contract ID ❑ New Entity? Contract ID 5749 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co,weld.co.us Requested BOCC Agenda Date* 0.427,2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/23/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note.: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Date Review Date* 11/30,'2022 Renewal Date Termination Notice Period e Expiration Date 11,30,'2022 Contact Information Contact Info Contact Name nig Approval Proce. Department Head TOBY TAYLOR DH Approved Date 04128/2022 Final Apprtval BOCC Approved BOCC Signed Date BOCC Agenda Date 05(04/2022 Originator 5GEESAMAN Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04,`28,`2022 04,; 29,, 2022 Tyler Ref # AG 050422 Hello