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Home My WebLink About20162770DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 8, 2017 To: Board of County Commissioners From: Toby Taylor Subject: HVAC Controls Upgrade - 822 7th Street Order #2 (Bid: B1600112) Weld County awarded a bid (B1600112) to SetPoint Controls to convert the HVAC pneumatic controls to digital data controls (DDC). Change Order 2 is for converting two pneumatic valves that were discovered to be present but were not on any available blueprints for this modification. The amount of the change order is for $4,709. Buildings & Grounds is recommending approval of Change Order #2. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director (IT 1-5&) AC. O4u)��,eTl �) �e - 9771) C.70°4 �c,00�8 SETPOINT nr Since 1983 8-25-17 SYSTEMS CORPORATION Toby Taylor Weld County Department of Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 collaborative solutions. unmatched training. Reference: Change Order #2 Weld County Greeley Office Remodel- Additional Heating Valves Greeley, CO Setpoint Systems Corporation Job #C2601 Dear Toby: Thank you for the opportunity to provide pricing on the above referenced project. Per your email dated 8-18-17, SSC is providing a quote to install new actuators on the first and second floor pneumatic heating valves and wiring them to the nearest VAV controller. Setpoint Systems Corporation will provide labor and material as follows: Install Differential Airflow Sensors: $4,709.00 A. Remove existing pneumatic actuators on two valves on the first and second floors. B. Provide and install 4 electronic actuators on two valves on the first and second floors. C. Run and terminate wire from nearest VAV controller to new actuator. D. Technician time for actuator check out. E. Customized programming for the new actuators. F. Engineering time for changes to as -built drawings. Exceptions and Clarifications: A. Our quotation is based upon; Our quotation is contingent upon receipt of a purchase order and/or subcontract agreement fully acceptable to Setpoint Systems Corporation. This change order includes only amounts for the Setpoint Systems Corporation's direct cost resulting for the described changes in the contract. This change order does not include any amounts for changes in the execution of work days, disruptions, ROCKY MOUNTAIN: 8167 SouthPark Circle, Littleton, CO 80120 (303) 733-2300 CALIFORNIA: 1370 Reynolds Ave., Suite 103, Irvine, CA 92614 (949) 271-2837 MINNESOTA: 1831 -- 121st Street East, Burnsville, MN 55337 (612) 259-3440 24/7 service 1-800-372-8837 www.setpointsystems.com info@setpointsystems.com and rescheduling, extended overhead, acceleration, or impact costs. Setpoint Systems Corporation expressly reserves the rights to claim for any and all of these related items resulting from impacts to all aspects of Setpoint Systems Corporation's work from the described changes prior to final settlement of the contract. • tax on material of 0% • all work performed during after hours • This proposal pricing is good for 30 days from the date issued. • Proposal assumes all existing Delta DDC controls are in good working order B. Our quotation includes; • On -site system programming, initialization, start-up, checkout • Customer Training included • As -built Drawings and Graphics included • Additional project management time for change order preparation and execution • UNLIMITED FREE TRAINING of the building's operation staff at the SSC office (Littleton, CO) on the Delta Controls System for the life of the Delta Controls System. Classes are held twice monthly; lunch and all required training materials are provided. • UL 508A -listed control panels and backplanes (all panels) • One year warranty on parts provided by SSC C. Our quotation does NOT include; • Escorts, by others at no additional cost by SSC. • SSC excludes any other work not specified herein. • No permit or inspection fees are included in this proposal. • Patching, Painting, or Refinishing. • Does not include time for Commissioning Agent. • Line voltage (120V) by others. • Fire alarm by others. Pricing Summary: Additional Heating Acutators: $4,709.00 Approved SEP 13 2017 Weld County Representative - , ulie A. Cozad Date Chair, Board of Weld Ci'. ty Commissioners aolco-a11O Setpoint Systems Corporation If you have any questions or require further information, please contact me. Sincerely, SETPOINT SYSTEMS CORPORATION Reed sco Reed Sikora Project Manager cc: Jon Wilson Setpoint Systems Job #C2601 Setpoint Systems Corporation CHANGE ORDER - HVAC CONTROLS UPGRADE (BID #B1700112) ATTEST: dder-A&V'� Weld C.• nt Clerk tot e Beard APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney 1%6l BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR DO ,�- i . Cozad, Chair SEA 3 2017 APPROVED AS TO SUBSTANCE: Elected Official or Department Head o 'co o DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 11, 2017 To: Board of County Commissioners From: Toby Taylor Subject: HVAC Controls Upgrade (B1600112) Change Order #1 SetPoint Systems was awarded the contract to convert the old pneumatic HVAC systems to a digital system. During this remodel, it was discovered the Variable Air Volume (VAV) boxes did not have differential airflow sensors or discharge air sensors. These sensor are a vital reading for digital systems to aid in controls and troubleshooting. Therefore, this owner requested change order is to install these sensors in all VAVs. The cost of the change order is $58,934.00. Buildings & Grounds is recommending approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director cam- 6 (TT/5 G) eLt( "Wilet/ 711) Afr 02 o�OICo- a -77p eeooto SETPo1vT Since 1983 SYSTEMS CORPORATION 3-23-17 Toby Taylor Weld County Department of Buildings and Grounds 1105 H Street P.O.Box 758 Greeley, CO 80632 collaborative solutions. unmatched training. Reference: Change Order #1 Weld County Greeley Office Remodel- Additional Airflow and Discharge Sensors Greeley, CO Setpoint Systems Corporation Job #C2601 Dear Toby: Thank you for the opportunity to provide pricing on the above referenced project. Per your email dated 3-10-17, SSC is providing a quote to install differential pressure sensors for airflow and discharge air temperature sensors for all 285 VAVs at 822 7th Street. Setpoint Systems Corporation will provide labor and material as follows: Install Differential Airflow Sensors: $49,637.00 A. Provide and install 285 differential pressure sensor upstream of each vav damper B. Provide and install tubing from sensor to controller C. Re -program DVC to show and control to airflow. D. Add new points to each VAV graphic. E. Calibration of airflow by balancer Install Discharge Air Temperature Sensors: $22,122.OO A. Provide and install 285 discharge air temperature sensors after each vav damper. B. Provide and install wiring from sensor to respective controller C. Re -program DVC to show discharge air temperature. D. Add new points to each VAV graphic. Combined once if both scopes completed at the same time:, $58,934.00 A. Perform both of the above tasks at the same time. ROCKY MOUNTAIN: 8167 SouthPark Circle, Littleton, CO 80120 (303) 733-2300 CALIFORNIA: 1370 Reynolds Ave., Suite 103, Irvine, CA 92614 (949) 271-2837 MINNESOTA: 1831 - 121st Street East, Burnsville, MN 55337 (612) 259-3440 24/7 service 1-800-372-8837 www.setpointsystems.com info@setpointsystems.com Exceptions and Clarifications: A. Our quotation is based upon; • Our quotation is contingent upon receipt of a purchase order and/or subcontract agreement fully acceptable to Setpoint Systems Corporation. • This change order includes only amounts for the Setpoint Systems Corporation's direct cost resulting for the described changes In the contract. This change order does not include any amounts for changes in the execution of work days, disruptions, and rescheduling, extended overhead, acceleration, or impact costs. Setpoint Systems Corporation expressly reserves the rights to claim for any and all of these related items resulting from impacts to all aspects of Setpoint Systems Corporation's work from the described changes prior to final settlement of the contract. • tax on material of 0% • all work performed during after hours • This proposal pricing is good for 30 days from the date issued. • Proposal assumes all existing Delta DDC controls are in good working order B. Our quotation includes; • On -site system programming, initialization, start-up, checkout • Customer Training included • As -built Drawings and Graphics included • Additional project management time for change order preparation and execution • UNLIMITED FREE TRAINING of the building's operation staff at the SSC office (Littleton, CO) on the Delta Controls System for the jjfg of the Delta Controls System. Classes are held twice monthly; lunch and all required training materials are provided. • UL 508A -listed control panels and backplanes (all panels) • One year warranty on parts provided by SSC C. Our quotation does NOT include; • Escorts, by others at no additional cost by SSC. • SSC excludes any other work not specified herein. • No permit or inspection fees are included in this proposal. • Patching, Painting, or Refinishing. • Does not include time for Commissioning Agent. • Line voltage (120V) by others. • Fire alarm by others. Setpoint Systems Corporation pricing Summary: Install Differential Airflow Sensors: $49,637.00 Approved By: el -.211-/1 Weld County Representative Date jnstall Discharoe Air Temperature Sensors: $22,122.00 Approved By: 4l—zy -/1 Weld County Representative Date Combined once if both scopes completed at the same time: $58,934.00 Approved By: ei-2 y Weld County Representative Date If you have any questions or require further information, please contact me. Sincerely, SETPOINT SYSTEMS �`CORPORATION R�Sil¢mca Reed Sikora Project Manager cc: Jon Wilson Setpoint Systems Job #C2601 Setpoint Systems Corporation 020 / / — 02770 CONTRACT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS GROUNDS AND SETPOINT SYSTEMS OR O ANN This Agreement Amendment made and entered int day 017, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings an Grounds, hereinafter referred to as the "Department", and Setpoint Systems Corporation, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 20162770approved on October 19, 2016. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The parties amend the original agreement to include the updated scope of work attached as Exhibit A. • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Rebecca A. Nahale 1 PnrlCed me / / Sagnat re BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEE ATTACHED Julie Cozad, Chair ATTEST: SEE ATTACHED Weld County Clerk to the Board BY: SEE ATTACHED Deputy Clerk to the Board CONTRACT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS GROUNDS AND SETPOINT SYSTEMS CORPORATION ft4.60 an This Agreement Amendment made and entered intp� day o 17 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings hereinafter referred to as the "Department", and Setpoint Systems Corporation hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 20162770 approved on October 19, 2016. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The parties amend the original agreement to include the updated scope of work attached as Exhibit A. • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: REBECCA A. NAHALE, V.P. Printed Name SEE ATTACHED FOR SIGNATURE Signature BOARD OF COUNTY COMMISSIONERS WELD COUN,COLORADO Ju ie Cozad, Chair ATTEST: _ Weld Co BY: Deputy CIer j o the .oard R242017 APPROVED AS TO SUBSTANCE: Director of General Services ASc NDIN% Controller APPROV AS TO FO;�YJ,�� N �� County Attorney OZo /lo -,2770 RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR HVAC CONTROL UPGRADES (822 7TH STREET) AND AUTHORIZE CHAIR TO SIGN - SETPOINT SYSTEMS CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for HVAC Control Upgrades (822 7th Street) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Setpoint Systems Corporation, commencing upon full execution and ending December 31, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for HVAC Control Upgrades (822 7th Street) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Setpoint Systems Corporation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daA4A) .-C.IgO; Weld County Clerk to the Board BY:qye,g\f2Ant..)a • puty Clerk to the Board 'alp-t.� Mike Freeman, Chair Sean P. Con ay, Pro -Tern APP :e•.DAST! ounty Attorney Date of signature: tt t $( (Co Steve Moreno GG 3C (--T(SC) Itlei( tCD 2016-2770 BG0018 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SETPOINT SYSTEMS CORP. HVAC CONTROL UPGRADES -822 7111 ST STREET qT� THIS AGREEMENT is made and entered into this L/_ day of , 2014 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Setpoint Systems Corporation who whose address is 8167 Southpark Cir, Littleton, CO, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the 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 Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B1600112. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B 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 Contract Professional's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of 02,o/6 -0277a 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 Contract Professional 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 by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional 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 Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $462,968.00 which is the bid. Contract Professional 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 the Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 Contract Professional 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, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration ofthis 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 Contract Professional hereunder and Contract Professional 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 Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional 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. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional 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. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents 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. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional 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 Contract Professional 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 Contract Professional, and County's action or inaction when any such breach or default shall exist 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 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. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). 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. 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 required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for 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, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The 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 Contract Professional'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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 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. Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the 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, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional 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 any 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, Director of Weld County Department of Buildings & Grounds, or his designee. 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: Contract Professional: Setpoint Systems Corporation Attn.: Aaron Nahale, President Address: 8167 Southpark Cir. Address: Littleton, CO 80120 E-mail: anahale@setpointsystems.com Telephone: (303) 868-7808 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals 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. H24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 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 and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional 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. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 31. 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. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. / T� IN WITNESS WHEREOF, the parties hereto have signed this Agreement this / / day of 201(a CONTRACT PROFESSIONAL: Setpoint Systems Corporation By: Name: Title: ft4MAA, r _ Date q/ -l6 WELD CO TY: ATTEST: Weld BY: Deputy Cle to the Boar APPROVED AS TO FUN Controller APPROVED AS/TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair OCT 1 9 2016 PROVED AS .O SUBSTANCE: Elected O icial or Department Head 141,O4 Director of General S'rvices /6 -02170 81600112 REQUEST FOR PROPOSAL WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JUNE 17, 2016 PROPOSAL NUMBER: #B1600112 DESCRIPTION: HVAC CONTROL UPGRADES - 822 7TH STREET DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE -PROPOSAL CONFERENCE DATE: 6/29/16 @ 3:00 PM PROPOSAL OPENING DATE: 8/29/16 @ 10:00 AM 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: RFP — HVAC CONTROL UPGRADES - 822 7TH Street A mandatory pre -proposal conference will be held at 3:00 PM, on Wednesday , June 29th, 2016, at Weld County Plaza, 822 7th Street, Greeley CO 80631. Bidders must participate and record their presence at the pre -proposal conference to be allowed to submit proposals. Proposals will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Monday, August 29'1,2016(a 10:00 AM (Weld County Purchasing Time Clock). PAGES 1 - 8 OF THIS REQUEST FOR PROPOSALS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. PROPOSAL SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO PROPOSAL: Weld County requests proposals for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Proposals shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the proposal. You can find proposal information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Proposals. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their proposals, quotes, proposals, addendums, and awards on this one centralized system. Proposal Delivery to Weld County — 3 methods: 1. Email. Emailed proposals are preferred. Proposals may be emailed to: bids@weldgov.com. Emailedproposalsmustincludethefollowingstatementonthe email: "I hereby waive my right to a sealed proposal". An email confirmation will be sent when we receive your proposal/proposal. If more than one copy of the proposal is requested, you must submit/mail hard copies of the proposal proposal. 2. Facsimile. Proposals may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed 1 proposal. If more than one copy of the proposal is requested, you must submit/mail hard copies of the proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) proposals should be sent in a sealed envelope with the proposal title and proposal number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each proposal must give the full business address of bidder and be signed by him with his usual signature. Proposals 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. Proposals by corporations 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 proposal 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 proposal of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in 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 proposal. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this proposal as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the proposal 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 Proposal Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned proposals shall not be accepted or considered. It is the responsibility of the bidder to ensure that the proposal arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Proposals received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Director of General Services; 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 proposal confers no right for the withdrawal of the proposal 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. 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 proposals 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 proposals 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 proposals, to waive any informality in the proposals, to award the proposal to multiple vendors, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. In submitting the proposal, the bidder agrees that the signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the proposal by B1600112 2 Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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). Successful bidder 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 Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder 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. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the proposal, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main proposal submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public B1600112 3 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. C. Governmental Immunity: No term or condition of the 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful B1600112 4 bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Proposal within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Proposal. L. 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. M. 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 the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder 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. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder 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. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this proposal for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their proposals the following information pertaining to the equipment upon which the proposals are submitted: B1600112 5 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder 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 the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any B1600112 6 taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. 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. 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 required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and B1600112 7 volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The 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 Contract Professional'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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 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. Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Proposal or Request for Proposal. Proof of Insurance: County reserves the right to require the 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, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Proposal and in the Response to the Proposal each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. B1600112 8 REQUEST FOR PROPOSAL This Request for Proposal (RFP) is for the installation of Direct Digital Controls for the Weld County Plaza Building located at 822 7th Street, Greeley, CO. The Request for Proposal (RFP) shall be for a complete turn -key replacement of the old pneumatic controls and any old digital controls with Direct Digital Controls (DDC). Proposals shall include the following: 1. Construction services to replace ALL existing pneumatic controls and older digital controls with DDC controls within the 7 -story building. 2. The two-story Annex building will be receiving new controls as part of an on -going remodel. 3. Commissioning of the facility with a test and balance the ventilation system will be required. 4. The new DDC system will be set up to utilize the current control points in the same capacity with the same points (minimum) 5. Existing pneumatic system equipment shall be demolished and removed including the air compressor and electrical wiring. All new wiring is required for the controls. Wireless devices are not desired. 6. Installation of new direct digital controls shall be installed on all fan -coil units, thermostats, exhaust fans, dampers, boilers, chillers, and other necessary HVAC equipment because all existing HVAC equipment is expected to remain in service 7. The Contractor shall be responsible for performing analysis of the existing HVAC system and gathering the information necessary to replace the pneumatic controls. 8. A 6 week window will be provided to perform this analysis. Access must be scheduled in advance to appropriate notification to tenants can occur as well as escort scheduling. 9. Response to this RFP shall include what is being replaced (detailed scope). 10. The replacement system shall be installed using BACnet protocol and completely integrated with the one of the existing County controls software either SetPoint or Johnsons Controls. No substitute will be accepted. 11. Upgrade can and should exceed current input/output points but shall not lessen the ability to control the system below current capabilities. 12. The graphics software shall be included and shall follow logical user-friendly display by a controls diagram and formatted by zones. The graphics shall be programmed and integrated into the existing customer network software either SetPoint or Johnson Controls. No substitute will be accepted. 13. Proposal of work and pricing shall be broken down by floor. Full project pricing shall be identified as a Guaranteed Maximum Price. 14. Provide sample projects that demonstrate the company's ability to perform the described work. For each example include: a. a brief description of each listed project b. the dollar value of the project, c. the customer name with contact information, and d. information on timeliness of performance and customer satisfaction 15. Training on installed equipment, programming, and graphics is required and shall be included in costs. 16. Proposal shall include all electrical, control wiring, mechanical alterations, plumbing alterations needed to support installation of the new DDC system. 17. A majority of the work requiring access to rented spaces and offices will be required to be performed after-hours. Normal hours are Monday through Friday 7 AM through 5:30 PM. These labor considerations shall be included in the proposal. 18. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 19. Provide proposed project schedule with proposals 20. Performance bond is required. 21. Contractor is expected to enter a standard form or agreement (attached). B1600112 9 GRAND TOTAL $ PROPOSED START DATE PROPOSED FINISH DATE The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #61600112. 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 proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. B1600112 10 Below are the answers to questions that occurred as of 7-26-2016 for the HVAC Controls Upgrades at 822 7th Street bid (B1600112). 1. It seems there would be different approaches to this bid where some bidders could include more components to offer a better long term solution and others could offer a basic solution that may not be in the best long term interest of the County. How would you like us to bid since there could be large differences in approaches for the design -build? Answer: The bid specifications detail that the base bid is for provide for a direct replacement of ALL the existing pneumatic control systems to a Direct Digital Controls (DDC) system. This DDC is to be strictly Johnsons Controls or SetPoint Controls. No other substitute will be considered. This replacement shall comply with the current versions an include all this is listed in the bid documents. This is the base bid. So your base bid shall include all components to make this system work in a turn- key fashion and is expected to be a design -build. The bid window is much longer to allow for a thorough examination of existing pneumatic components and locations. With this said, the vendors are highly encouraged to look at long term improvements that make sense for installation now to allow for an efficient system. These would be identified as "options" with separate amounts for completion identified. The total package will be evaluated to include recommended options. 2. Is this work to be accomplished after hours? Answer: Yes. It is anticipated that all the work for installation will be accomplished after normal business hours. The normal business hours are Monday through Friday from 7:30 AM until 5:30 PM. 3. Has Asbestos abatement been done on the fittings that will require replacement? If not, how do you want us to proceed? Answer: Asbestos testing or abatement has not been done on those associated fittings. As the project is awarded, the selected controls vendor will be expected to identify the areas that will be disturbed. These will be tested and abated through a separate contractor that the County will pursue. 4. Can you provide electronic copies of floor plans that can be used for the initial bid survey? Answer: Yes. These are posted on the web site. 5. The current system appears to be a partially functioning Honeywell system. Can you provide a printout of the points that were originally installed so those can be compared to actual conditions? Answer: We are working on trying to obtain a printout of that original system so it can be used for a comparison. If it is available, it should be posted on the web site by August 1, 2016. 6. Is it the County's intention to add pressure sensors to each existing box in order to have them operate as a pressure independent system? Answer: Yes. This should be part of the base bid. 7. If we see any additional points that may benefit the system, shall we add them as options on the final bid submission? Answer: Yes, additional items that will result in a more beneficial system should be added as options. You may provide those as options for consideration. You may present as many options as practical but the cost needs to be identified for each. If you chose to lump a few improvements/options into just one option to be presented, then the cost of each individual improvement should be identified by line item to equal the total. 8. Is it is the County's intention to add VFDs to the existing Joy fan motors Answer: Yes. The intention is to add VFD control to the existing Joy fan motors. It is required to work with the manufacturer to verify the motor can actually be placed on VFD. If not, then the price shall include the full upgrade to motors/components that will work with VFD. This is a requirement of the base bid. 9. Would you like the controls contractor to carry the installation costs to install the VFDs? Answer: Yes. The installation of the associated VFD shall be included in the price and shall be a part of the base bid. 10. For the valves, would the county like us to replace the valve and actuators for DDC control, or use a conversion kit, and only retrofit the actuators to DDC control? Answer: The base bid shall include the replacing all the valves and actuators that control the system with all new components. The contractor shall include all these installation costs in the base bid. 11. Would you like the controls contractor to carry the cost of the mechanical implications for this? Answer: Yes. The contractor shall carry the complete costs for all mechanical, electrical and any architectural/carpentry changes needed to accomplish this project. It should be a turn -key design build approach for this DDC upgrade. 12. According to the original drawings (sheet M-11) there is a motorized 3 -way valve that bypasses water around the cooling tower. It is shown on M-11 in the bottom right corner of the page next to the cooling tower. It shows in an 8" line at that location. Does this valve exist? Answer: The current conditions can be verified during the contractor's walk-through and site visits. 13. According to the original drawings (sheet M-1) there is an air handling unit that serves the main entrance. It looks more like it is a large cabinet unit heater. The question that I have, does the unit still work? Answer: We recently purchased the building. So we do not have the knowledge of the current functionality of this unit. This can be verified on your site visits. 14. The unit heaters in the penthouse area, do they have electric thermostats on them, or are they pneumatic thermostats? Answer: The current conditions can be verified during the contractor's walk-through and site visits. 15. There is a Honeywell control system located in the mechanical penthouse. Do you have a list of points that are connected to it? Answer: We are working on trying to obtain a printout of that original system so it can be used for a comparison. If it is available, it should be posted on the web site by August 1, 2016. 16. How do you want us to treat balancing the system? Answer: The system was recently balanced to provide a starting point. Any changes of control components need to verify the prior to change out condition and balance to achieve the same parameters. 17. We believe that the Trane linear boxes could all be replaced in their entirety with a pinch down VAV for about the same costs as installing a new controller onto the old Trane linear boxes. We believe a configuration like this would provide a better long term solution with parts availability. Would you like to see an option for this approach? Answer: The base bid has been identified. If you believe there are better long-term solutions for this building, you may provide those as options for consideration. You may present as many options as practical but the cost needs to be identified for each. If you chose to lump a few improvements/options into just one option to be presented, then the cost of each individual improvement should be identified by line item to equal the total. 18. What type of status would you expect for the minimum bid requirement for monitoring/control? Answer: the base bid shall include the following: Start/stop on all components, supply Air temperature, return air temperature, fan status (supply & return), outside air temperature, pump status for chiller, boiler ON/OFF, thermostats (with remote control/lockout), chilled water valve control with status, duct static pressure, hot water temperature, cooling tower ON/OFF, cooling tower water temperature, cooling tower damper control, smoke alarm (where existing), and VFD. 20. Performance bond is required. 21. Contractor is expected to enter a standard form or agreement (attached). GRAND TOTAL $ 462,968 (performed at once) PROPOSED START DATE _Per Weld Co_ PROPOSED FINISH DATE Per Weld Co _ The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The proposal proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1600112. 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 proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS Setpoint Systems 8167 Southpark Cir, BY Casey Bush (Please print) DATE _ 8.26.16 CITY, STATE, ZIP CODE Littleton, CO 80120 TELEPHONE NO _303-868-7808 FAX 303.733.2333 TAX ID # t (, �j S SIGNATURE C.24�� (c,�S�,-� E-MAIL cbush@setpointsystems.com **THE SUCCESSFUL BID R SHALL PROVIDEA 1N 9 IF NOT ALREADY ON_FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. B1600112 10 i SETPOINT 5 YS I f A45 CORPORA I ION collaborative solutions. unmatched training. Weld County - 822 7th Street HVAC Upgrades August 26th, 2016 Toby Taylor Weld County Department of Buildings and Grounds 1105 H Street Greeley, CO 80632 Re: 822 7th Street HVAC Upgrades Estimate: RM2016080180-92 Dear Toby, Thank you for the opportunity for Setpoint to provide a proposal to provide a complete turn -key replacement of the old pneumatic controls and any old digital controls with Direct Digital Controls (DDC). Per the scope of work, Setpoint will provide the following: • Replace ALL existing pneumatic controls and older digital controls with Delta DDC controls within the 7 -story building. • Setpoint will cover providing a professional commissioning agency for testing and balance upon completion of the project. • A new Delta DDC system set up to utilize the current control points in the same capacity with the same points (minimum) • Installation of new direct digital controls will be installed on all fan -coil units, thermostats, exhaust fans, dampers, boilers, chillers, and other necessary HVAC equipment. • A system with BACnet protocol and complete integration with the existing Delta county -wide Controls at Weld County. • Graphics software to include logical user-friendly display by a controls diagram and formatted by zones. The graphics shall be programmed and integrated into the existing Setpoint network software. • Proposal of work and pricing will be broken down by floor & full project pricing shall be identified as a Guaranteed Maximum Price. • Training on installed equipment, programming, and graphics upon project completion. • Work performed during normal hours: Monday through Friday 7 AM through 5:30 PM. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. • Cost included with performance bond is included. Sincerely, SETPOINT SYSTEMS CORPORATION eaaay Euel� Service Account Manager ROCKY MOUNTAIN: 8167 SouthPark Circle, Littleton, CO 80120 (303) 733-2300 CALIFORNIA: 1370 Reynolds Ave., Suite 103, Ovine, CA 92614 (949) 271-2837 MINNESOTA: 1831 — 121st Street East, Burnsville, MN 55337 (612) 259-3440 24/7 service 1-800-372-8837 www.setpointsysterns.com info@setpointsystems.com SCOPE OF WORK Project Documents Our proposal is based upon the following; specifically: 1. Request for Proposal - issued by Weld County for the work to be included; dated June 17, 2016 2. CNC/NHPQ Architects, mechanical drawings M-1 thru M-13; dated September 1972 3. Setpoint Systems control documents job number C2564 first floor south remodel; dated July 20, 2016 4. Three (3) site walks to clarify scope of work; 6/29/16, 7/15/16, 7/28/16 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. Setpoint Systems reserves the option to update scope and price for this proposal based upon updates with design plans and specifications C. BACnet Testing Laboratories (BTL) Listed controllers are standard provided by Setpoint. D. Our quotation is good for 60 days E. Tax on materials of 0.00% F. Setpoint is licensed electrical contractor #EC005478 G. Setpoint is signatory to the IBEW H. All wire is installed as follows: 1. Plenum rated above drop ceilings areas 2. In exposed areas such as mechanical rooms or in areas subject to physical damage wiring shall be installed in EMT conduit 3. GRC will be used for outside conditions 4. 3/a" Minimum size for all conduit I. Our quotation includes: 1. Providing a balancer upon project completion 2. Providing a mechanical contractor for valve installations and compressor removal 3. Abandoning tubing in place and capping at the main. 4. 65% of installation accounted for as shift differential 5. Cleaning work areas after shift differential work is performed nightly 6. Fabricated control panels by Setpoint are UL508A Listed 7. After hours work, as required, to provide a complete installation 8. One year warranty on parts and labor provided by Setpoint 9. Delta DDC controls, devices, wiring, terminations, and programming unless noted as stand alone 10. Demolition and removal of existing pneumatic controls including air compressor and air dryer 11. All engineering drawings, system programming, system initialization, start-up, check- out, on -site turnover, and as -built documentation 12. UNLIMITED FREE hands-on training to owners and operators for the life of any Delta Controls system we install. Training is offered at our Littleton, Irvine and Burnsville offices and consists of two-day classes. Lunch and training materials are included J. Our quotation does NOT include: 1. Control dampers 2. Demo, patch or paint 2 Setpoint Systems Corporation Weld County 822 7t° Street HVAC Upgrades I SSC # RM2016080180-92 3. Any and all involvement with the following: a. Cleaning or rebuilding of existing mechanical equipment 4. Fire alarm system wiring/devices 5. Motors and/or starters provided and installed by others 6. Any other work or control of any equipment not specified herein PROJECT DESCRIPTION This proposal is based on the following equipment: HVAC Equipment List: • (1) Boiler Plant (2) Gas Fired Boilers (2) Low Temperature Heating Water Loop Pumps (2) High Temperature Heating Water Loop Pumps • (1) Chiller Plant (2) Water Cooled Chiller (1) Cooling Tower (1) Chilled Water Pump (1) Condenser Water Pump (1) Standby Water Pump • (2) Main VAV Air Handling Units • (276) Cooling Only VAV Boxes • (1) Entry Area Single Zone Air Handling Unit • (1) Exhaust Fan • (3) Miscellaneous Points (1) Elevator Room Temperature (1) Water Entry Room Temperature (1) KWH Electrical • Network Equipment HVAC EQUIPMENT A. HEATING PLANT 1. Equipment List: a. (2) Gas Fired Boilers (B-1 and B-2) b. (2) Low Temperature Hot Water Loop Pumps (P-4 and P-5) c. (2) High Temperature Hot Water Loop Pumps (P-6 and P-7) 2. Providing a. Immersion temperature sensors using existing thermowells b.1 Low temperature zone three way control valve including installation c. Demolition of existing pneumatic controls d. Control relays e. Current sensing relays 3. Excluding a. Any existing mechanical equipment that is found to be defective will be noted and communicated to the owner immediately 3 Setpoint Systems Corporation Weld County 822 7th Street HVAC Upgrades I SSC # RM2016080180-92 4. Points List: Heating, Plant System Points (Typical of 1) Description Input Output Boiler B-1 Enable/Disable 1 Boiler B-1 Alarm Status 1 Boiler B-2 Enable/Disable 1 Boiler B-2 Alarm Status 1 HW Pump P-4 Enable/Disable 1 HW Pump P-4 Status 1 HW Pump P-5 Enable/Disable 1 HW Pump P-5 Status 1 HW Pump P-6 Enable/Disable 1 HW Pump P-6 Status 1 HW Pump P-7 Enable/Disable 1 HW Pump P-7 Status 1 Low Temperature Loop HWS Temperature 1 High Temperature Loop HWS Temperature 1 Common HWR Temperature 1 Outdoor Air Temperature 1 Low Temperature Loop 3 -Way Control Valve 1 TOTAL 10 7 B. CHILLER PLANT 1. Equipment List: a. (2) Water Cooled Chiller (CH -1 and CH -2) b. (2) Chilled Water Pumps (CHWP-1 and CHWP-2) c. (2) Condenser Water Pumps (CWP-1 and CWP-2) d. (1) Cooling Tower (CT -1) 2. Providing a. Immersion temperature sensors and thermowells b. Demolition of existing pneumatic controls c. Control valve with electronic actuator including installation d. Control relays e. Current sensing relays 3. Excluding a. Any existing mechanical equipment that is found to be defective will be noted and communicated to the owner immediately 4. Points List: Chilled Water System Points (Typical of I- Descr ption j Input Output Chiller CH -1 Enable/Disable 1 Chiller CH -1 Operational Status 1 Chiller CH -1 Alarm Status 1 Chiller CH -2 Enable/Disable 1 Chiller CH -2 Operational Status 1 Chiller CH -2 Alarm Status 1 Chilled Water Pump CHWP-1 Enable/Disable 1 Chilled Water Pump CHWP-1 Status 1 4 Setpoint Systems Corporation Weld County 822 7th Street HVAC Upgrades I SSC # RM2016080180-92 Chilled Water Pump CHWP-2 Enable/Disable 1 Chilled Water Pump CHWP-2 Status 1 Condenser Water Pump CWP-1 Enable/Disable 1 Condenser Water Pump CWP-1 Status 1 Condenser Water Pump CWP-2 Enable/Disable 1 Condenser Water Pump CWP-2 Status 1 Cooling Tower Fan 1 Enable/Disable 1 Cooling Tower Fan 1 Status 1 Cooling Tower Fan 2 Enable/Disable 1 Cooling Tower Fan 2 Status 1 Cooling Tower Fan 3 Enable/Disable 1 Cooling Tower Fan 3 Status 1 Cooling Tower Fan 4 Enable/Disable 1 Cooling Tower Fan 4 Status 1 CHW Supply Temperature 1 CHW Return Temperature 1 CW Supply Temperature 1 CW Return Temperature 1 TOTAL 155"' 11"; C. VARIABLE AIR VOLUME AIR HANDLING UNITS 1. Equipment List: a. (2) Variable Air Volume Air Handling Unit (AC -1 and AC -2) 2. Providing a. Chilled water control valves with actuators including installation b. Electronic damper actuators c. Control relays d. Current sensing relays e. Demolition of existing pneumatic controls f. Variable speed motor controllers for supply and return air fans including installation g. Interlock wiring between smoke detector and fan variable speed drive by Setpoint 3. Excluding a. Any existing mechanical equipment that is found to be defective will be noted and communicated to the owner immediately b. Any control of the abandoned spray coils on AC 1 or 2. c. Smoke detectors (existing to be reused) 4. Points List: v v .AtiltfiWitiMtUnit ( p� t 'Output Descriptic ut Supply Fan Enable/Disable 1 Supply Fan Status 1 Supply Fan VFD Speed 1 Return Fan Enable/Disable 1 Return Fan Status 1 Return Fan VFD Speed 1 Supply Duct Static Pressure 1 Building Static Pressure 1 Supply Air Temperature 1 5 Setpoint Systems Corporation Weld County 822 7th Street HVAC Upgrades I SSC # RM2016080180-92 Return Air Temperature Mixed Air Temperature Economizer Damper Modulate Relief Air Damper Modulate Chilled Water Valve Modulate 1 3 1 1 1 Supply Duct High Static Pressure Switch Smoke Detection 1 1 Freezestat 1 TOTAL, D. COOLING ONLY VAV BOXES 1. Equipment List: 2, (275) Cooling Only VAV 3. Providing a. Designer style space temperature sensors b. Maintaining a pressure dependent system c. Damper shaft extensions d. Air balancing including air distribution diffusers e. Demolition of existing pneumatic controls 4. Excluding a. Any existing mechanical equipment that is found to be defective will be noted and communicated to the owner immediately b. Air balancing provided by others 5. Points List: Cooling Only VAV Boxes (Typical of 275) Description Input VAV Box Air Flow 1 Output VAV Box Damper Open/Close VAV Box Space Temperature TOTAL 1 2 E. ENTRY AREA SINGLE ZONE AIR HANDLING UNIT 1. Equipment List: a. (1) Entry Area Single Zone Air Handling Unit (AHU-1) 2. Providing a. Designer style space temperature sensor b. Duct temperature sensor c. Hot water control valve with actuator including installation c. Demolition of existing pneumatic controls d. Control relay e. Current relay 3. Excluding a. Any existing mechanical equipment that is found to be defective will be noted and communicated to the owner immediately 6 Setpoint Systems Corporation Weld County 822 7`h Street HVAC Upgrades I SSC # RM2016080180-92 4. Points List: Entry Area Fan System Points (Ty ical of 1) Output Description Supply Fan Start/Stop Supply Fan Status Supply Air Temperature Hot Water Valve Modulate Input, 1 1 1 1 Space Temperature 1 TOTAL F. EXHAUST FAN 1. Equipment List: a. (1) Exhaust Fan (EF-1) 2. Providing a. Current sensing relay b. Control relay 3. Excluding a. Any existing mechanical equipment that is found to be defective will be noted and communicated to the owner immediately 4. Points List: Exhaust Fan Points (Typical of 1) Description Input Output Exhaust Fan Start/Stop 1 Exhaust Fan Status 1 TOTAL 1 " 1 H. NETWORK 1. Providing: a. Integration into existing Delta Controls County wide network & enteliWEB Tasks a. 2D Graphics on operator work stations b. 2D floor plans based on ACAD floor plans provided by others c. Creation of alarms and alarm notification d. Single point of connection to Weld County network provided by the county. 7 Setpoint Systems Corporation Weld County 822 7th Street HVAC Upgrades I SSC # RM2016080180-92 Balancer Scope Providing: a. Calibration of 275 vav boxes (night work) Excluding: a. Sound & vibration testing b. Temperature performance testing c. Commissioning assist beyond t&b verification Mechanical Scope Providing: a. Provide labor & materials as required to replace (4) control valves on the chilled & heating hot water systems, including (9) 4"butterfly valves. All work will be performed after 6pm, Monday through Friday. Excluding: a. New controls valves b. Power for welding machines 8 Setpoint Systems Corporation Weld County 822 7th Street HVAC Upgrades I SSC # RM2016080180-92 PRICING SUMMARY: Per Floor and Total If Performed at Once Base Price: 15t Floor BAS Controls SETPOINT will provide BAS Controls includes 25 cooling only VAV boxes and entry air handling unit AHU-1. Base Price: 2"d Floor BAS Controls SETPOINT will provide BAS Controls includes 63 cooling only VAV boxes. Base Price: 3rd Floor BAS Controls SETPOINT will provide BAS Controls includes 70 cooling only VAV boxes. Base Price: 4th Floor BAS Controls SETPOINT will provide BAS Controls includes air handling units AC -1 and AC -2. Base Price: 5th Floor BAS Controls SETPOINT will provide BAS Controls includes 39 cooling only VAV boxes. Base Price: 6th Floor BAS Controls SETPOINT will provide BAS Controls includes 39 boxes. Base Price: 7th Floor BAS Controls SETPOINT will provide BAS Controls includes 39 boxes. Base Price: 8th Floor BAS Controls SETPOINT will provide BAS Controls includes heating plant, cooling plant and restroom exhaust fan EF-1. Base Price: Network For BAS Controls SETPOINT will provide BAS Controls includes network equipment, local workstation, and associated software package. cooling only VAV cooling Base Price: Balancing Agent Base Price: Mechanical Contractor Performance Bond for full Project: Total Project Cost Total Project Cost if Performed at Once (Deduct of 3%) only VAV $ 37,545 $ 77,659 $ 86,985 $ 72,400 $ 48,610 $ 48,610 $ 48,610 $ 56,867 $ 5,100 $45,750 $ 14,930 + $ 8,032 $ 477,286 $ 462,968 9 Setpoint Systems Corporation Weld County 822 7`h Street HVAC Upgrades I SSC # RM2016080180-92 Form W-9 (Rev. December2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Setpoint Systems Corporation 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applios to accounts (codes apply only to not individuals; see on page 3): code (if any) lill IndividuaVsole proprietor or i■ C Corporation ✓ S Corporation III Partnership P P P ❑ P Trust/estate single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) -member LLC that is disregarded, do not check LLC; check the appropriate box in of the single -member owner, ► ► Ili Limited liability Note. For a single the tax classification ❑ Other (see instructions) the line above for from FATCA reporting maintained outside No U.S.) 5 Address (number, street, and apt. or suite no.) 8167 Southpark Circle Requester's name and address (optional) 6 City, state, and ZIP code Littleton, CO 80120 7 List account number(s) here (optional) w axpayer Identification Number Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. I Social security number or Employer identification number 8 4 0 9 1 9 6 7 5 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person I. 4/7 —Le_ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date ► • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2, Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct, See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/28/2016 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 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 Commercial Risk Solutions 6600 E Hampden Ave Ste 200 Denver CO CONT NAMEACT Demetra Ramey PHONE 303-996-7859 I FAX 303-757 7719 c, No. Eat)• , (A/C. No): ADDRESS: dramey@crsdenver.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:The Phoenix Insurance Co. 25623 INSURED SETPO-1 Setpoint Systems Corporation 8167 Southpark Circle Littleton CO 80120 INSURER B :Travelers Prop Casualty of AM 25674 INSURER c :Travelers Property Casualty Co of A 25674 INSURER D : INSURER E : INSURER F : E CERTIFICATE NUMBER: 972345088 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 LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 1 OCCUR Y Y CO325D4546 7/1/2016 7/1/2017 EACH OCCURRENCE $1,000,000 IRENTED CLAIMS -MADE DAMAGE PREM SESO(Ea occurrence) $300,000 GE_ MED EXP (Any one person) $10,000 'L AGGREGATE LIMIT APPLIES POLICY i X JECOT- PERSONAL & ADV INJURY $1,000,000 PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE X X LIABILITY ANY AUTO AUTOS NED HIRED AUTOS X SCHEDULED OS NON -OWNED AUTOS Y ., Y 810325D4546 7/1/2016 7/1/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE iiper accident) $ $ B X UMBRELLA LIAB X EXCESS LIAB OCCUR CLAIMS -MADE' j CUP325D4546 7/1/2016 7/1/2017 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 DED X RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBERPROPRIETOR/PARTNER/EXECUTIVEEXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y I N ';, y ' U83H133988 7/1/2016 7/1/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE .__... E.L. DISEASE - POLICY LIMIT $1,000 000 _.._....... $1,000,000 below I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: C2601 Weld County and the State of Colorado, and their elected officials, representatives, officers, directors, employees and agents, are included as additional insured for ongoing and completed operations on the General Liability and included as additional insured on the Auto Liability with respect to operations of the named insured for the certificate holder as required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION Weld County 1150 O Street Greeley 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 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SETPO-1 LOC #: AC RO D® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Commercial Risk Solutions NAMED INSURED Setpoint Systems Corporation 8167 Southpark Circle Littleton CO 80120 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability coverage is primary and non-contributory. General Liability policy has been endorsed to provide 30 days notice of cancellation except 10 -day notice for non-payment of premium. General Liability, Auto Liability and Workers Compensation coverage include waivers of subrogation. Umbrella coverage follows form to underlying coverage's. All policy terms, conditions & exclusions apply. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 6, 2016 To: Board of County Commissioners From: Toby Taylor Subject: HVAC Controls Upgrade; Bid #81600112 As advertised, this bid is for upgrading the HVAC controls from pneumatics to digital at the property located at 822 7th Street, Greeley. The low bid received was from SetPoint Systems and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to SetPoint Systems for $462,968.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director es/@ --23-7voolg g\\),1 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwaltersa.co.weld.co.us E-mail: reverettCa�co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: AUGUST 29, 2016 REQUEST FOR: HVAC CONTROL UPGRADES - 822 7TH Street DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1600112 PRESENT DATE: AUGUST 31, 2016 APPROVAL DATE: SEPTEMBER 14, 2016 VENDOR SETPOINT SYSTEMS 8167 SOUTHPARK CIRCLE LITTLETON CO 80120 JOHNSON CONTROLS INC 10289 W. CENTENNIAL ROAD LITTLETON CO 80127 WESTCO SYSTEMS INC 7396 LOWELL BLVD WESTMINSTER CO 80030 TOBY TAYLOR WILL REVIEW THE BIDS. TOTAL START DATE FINISH DATE $462,968.00 Per Weld County Per Weld County $505,848.00 11/1/2016 5/31/2017 $544,100.00 Mid -October 90-120 days 2016-2770 8/31 --aGon1 s Hello