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Home My WebLink About20241059.tiffRESOLUTION RE: APPROVE SOLE SOURCE AGREEMENT FOR MATERIALS OR EQUIPMENT FOR DUST SUPPRESSANT AND ROAD STABILIZATION PRODUCTS, AND AUTHORIZE CHAIR PRO-TEM TO SIGN - ENVIROTECH SERVICES, LLC 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, pursuant to Section 5-4-90, Sole Source Purchasing of the Weld County Code, the Purchasing Manager has reviewed and deems it advisable to approve Envirotech Services, LLC, as a Sole Source Vendor, and WHEREAS, the Board has been presented with a Sole Source Agreement for Materials or Equipment for Dust Suppressant and Road Stabilization Products 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 Public Works, and Envirotech Services, LLC, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Sole Source Agreement for Materials or Equipment for Dust Suppressant and Road Stabilization Products 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 Public Works, and Envirotech Services, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said agreement. cc:pW(cH/DN/Db/SB), PuS. 05/«/2.H 2024-1059 EG0082 SOLE SOURCE AGREEMENT FOR MATERIALS OR EQUIPMENT FOR DUST SUPPRESSANT AND ROAD STABILIZATION PRODUCTS - ENVIROTECH SERVICES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d 1 G. •jC,zuj;ei Weld County Clerk to the Board BY: Utbrce-rY1 . GdictuJ i a Deputy Clerk to the Board APORM: orney 1 Date of signature: �` q/7- Saine EXCUSED Kevin! Ross, Chair 3-44-- Perry L. Bupk, Pro-Tem Mike Freeman CUSED tt K. James 2024-1059 EG0082 Corrkvo& ID+ igBZ Public Works Department 1111 H Street, PO Box 758 Greeley, Colorado 80632 Website: www.weld.gov Phone: (970)400-3750 Fax: (970) 304-6497 To: Toby Taylor, Procurement Manager, Purchasing From: Curtis Hall, Director, Public Works Department No, Date: March 14, 2024 Subject: Sole -Source Procurement Process Request MEMORANDUM Public Works is requesting to use the sole -source procurement process to purchase BaseBind and DuraBlend from EnviroTech Services. These products are used in the dust mitigation program and are only available from EnviroTech Services because of the patent they have on these products. Public works has used the products for several years and finds value to Weld County for the dust mitigation program. EnviroTech Services 910 54`1 Ave. Greeley, CO 80634 Page l of 1 2024-1059 5/1 O O° Z. WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & ENVIROTECH SERVICES LLC. THIS AGREEMENT is made and entered into this (5+ day of , 2024, by and between the County of Weld, a body corporate and politic of the State ofdbolorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Envirotech Services, LLC, a limited liability company, whose address is 910 54° Ave Suite 230, Greeley Colorado 80634, hereinafter referred to as "Contractor". WHEREAS, Envirotech Services will provide for pick up of up to 300,000 gallons of RoadSaver (DuraBlend) and up to 130,000 gallons of BaseBind-M products to Weld County for the use on county gravel roads for dust suppressant and road stabilization. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits "I" and "2", each of which forms an integral part of this Agreement. Exhibits "1" and "2" are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits"1" and "2", define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit "I" consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B ". The REP contains all of the specific requirements of County. Exhibit "2" consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor 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"1" which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits "I" and "2". Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits"l "and "2" within the time limits prescribed by County may result in County's decision to withhold payment Om7+ /.erg or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County and, shall continue through and until Contractor's completion of the responsibilities described in Exhibits "I "and "2". Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (I) 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 materials which Contractor 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 Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. S. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $451,500.00, which is the bid set forth in Exhibit "2". Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, 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 Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit "2". Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor'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 Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as aresult of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor 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 as set forth in Exhibit "1" provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. Contractor 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 Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor 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. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor 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. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor 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 bid for as many service calls as are necessary for the first one (I) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach 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 materials, equipment, or service 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. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors 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 thatthe County will be notified ofany mducction, loss, or modification to coverage. Such notice shall be sent 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 ofpremiums 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 Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor 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 Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor 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 Contractor 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 Contractor 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 volunteers for losses arising from the work performed by the Contractor 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 Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's 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 Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor 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. Contractors 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 Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. 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. 19. 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. 20. 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 Public Works, 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: Contractor: Envirotech Services, LLC Attn.: Rocky Mountain regional; Manager, Tim Pike Address:910 54`h Ave., Suite 230, Greeley, Co. 80634 Address: E-mail: tpike@envirotechservices.com Facsimile: With copy to: Name: Position: Address: Address: E-mail: Facsimile: Coun Name: Luis Morales Position: Supervisor, Gravel Road Mgmt., Division of Public Works Address:1 111 H street, Greeley, CO 80632 Address: E-mail: Lmorales@weldgov.com Facsimile: 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. 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. 23. 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. 24. 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. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 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 Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor 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 Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. 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. 27. 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. 28. 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. 29. 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. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit , the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit , County's Request for Proposal, and is a part this Agreement.) 32. Attorneys Fces/Leal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits "1" and "2":, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 1st _ day of May , 2024 CONTRACTOR: Envirelech Services, LLC By. Name: Tim Pike Title: Rocky Mountain Regional Mara.QeL Date 3.25.2024 WELD COUNTY: C� � /, ATTEST: � Cio• �'C1-";1k BOARD OF COUNTY COMMISSIONERS Weld ty Clerk to the Boar. �WE AUNTY, COLOR DO BY: Deputy Cle Chair Pro-Tem M AY 0 1 2024 �_/D5 9 BID SCHEDULE 2024 ITEM# ITEM LOCATION QUANTITY UNIT PRICE PER UNIT CONTRACT PRICE I . . 209.8 RoadSaver Pick -Up *Up To GALLON DuraBlend 300,000/Gal 209.8 BaseBind Pick -Up * Up To GALLON - M 130,000/Gal BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications. FIRM NAME: BUSINESS ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NO: EMAIL TAXPAYER ID# BY: TITLE: DATE; **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID SCHEDULE 2024 ITEM# ITEM LOCATION QUANTITY , UNIT , PRICE PER UNIT CONTRACT PRICE , 209.8 RoadSaver DuraBlend i Pick -Up *Up To GALLON $1.05 $315,000.00 300,000/Gal 209.8 i - BaseBind - M - Pick -Up * URTo GALLON $1.05 $136,500.00 - 130,000/Gal - - BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications. FIRM NAME: EnviroTech Services, LLC BUSINESS ADDRESS: 910 54th Avenue, Suite 230 CITY, STATE, ZIP CODE: Greeley, CO 80634 TELEPHONE NO (970) 346-3900 EMAIL: tpike@envitrotechservicescom TAXPAYER LD# BY: TITLE: Rocky Mountain Regional Manager DATE: 03.18.2024 p 84- 1012950 Tim Pike **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. M/E/VV/ROTECH SERVICES /NC. February 22, 2024 Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 Attn: Mr. Luis Morales, Supervisor - Gravel Road Management/Dust Mitigation RE: Sole Source DuraBlend® and BaseBind® Manufacturer and Supplier Dear Mr. Morales: EnviroTech Services, LLC is the sole manufacture and supplier of both DuraBlend® and BaseBind® dust control and road stabilization products. As the sole manufacture and supplier, we are able to continue to offer Weld County our patented and unique road solutions. DuraBlend® is our most commonly used patented product in the market today. Its unique alkylcellulose and salt compositions cause it to be our superior dust control solution and is designed to stay in place on the road. It reduces leaching off the road and also prevents it from penetrating too deeply from the surface of the road. Combined with the included polymers, this keeps the product where its designed to be for long term effectiveness. BaseBind® is similar as the description for DuraBlend® above but its modified alkylcellulose, salt, and sugar composition is more effective as a roadbase stabilization product. It is designed to be mixed into the road at depths of 2-6" and aids in the compaction of the newly worked road and binding of the road base aggregate and fines. The resulting compaction and binding greatly reduce the need to re -work the road as well as help eliminate the need to import replacement gravel year -over -year. This stabilization is a great compliment to the designed benefits of DuraBlend®. When used in tandem, a road built with DuraBlend® and BaseBind® is far superior to other products that are commercially available. The DuraBlend® on the surface protects the roadbase stabilized with the BaseBind® and the BaseBind® stabilized roadbase protects the DuraBlend® cap. As a result, the unpaved road is far better suited to handle higher traffic counts with both personal vehicles and more importantly, heaver truck traffic. Please reach out to me personally to discuss any questions you may have regarding either, or both proprietary products. Sincerely, Tim Pike Rocky Mountain Regional Manager EnviroTech Services, LLC (970) 395-7711- o (970) 397-5235 — m tpike@envirotechservices.com Form W-9 (Rev. October 2018) Oepartmelt of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www./rs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. m3 o 5 H o i o g e c 'nC, t i Name (as shown on your income tax rah.). Name is required on this line; do not leave this knit blank. EnviroTech Services, LLC 2 Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check fallowing seven boxes. O Individual/sole proprietor or O C Corporation O S Corporation O Partnership single -member LLC ® Limited liability company. Enter the tax classification (C —C corporation, ...corporation, P -partnership) Note; Check the appropriate box in then. above for the tax classification of the single -member owner. LLC If the LLC is classified as a single•member LLC that is disregarded from the owner unless the owner another LLC that is not disregarded from the owner for US. federal tax purposes. Otherwise, a single Is disregarded from the owner shbuld check the appropriate box for the tax classification of its owner. see Instructions ► El Other ( ) only one of the O Trust/estate ► P 4 Exemptions certain entities, instructions Exempt payee Exemption code Or any) (Applies fa ...Is (codes apply only to not individuals; see on page 3): code (if any) from FATCA reporting Do not check of the LLC is -member LLC the ma/nfalned aulside fhe U S.J b Address (number, street, and apt. or suite no.) See instructions. 910 54th Avenue, Suite 230 Requester's name and address (optional) 6 City, state, and ZIP code Greeley, CO 80634 7 List account number(a),here (optional) • ayer tdentrflca#ion Number Enter your TIN In the appropriate box. TheT(Pl provided must match the name given on line 1 to avoid ( Cocial security number backup withholding. For individuals, this is generally your social security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part i, later. For other entities, It is your employer identification number (Elt'i). If you do not have a number, see How to get a TIN, later. or Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and I Employer Identification number Number To She the Requester for guidelines on whose number to enter. IIMEI Certification Under penalties of perjury, I certify that: 1. The nuittber shown on this form is my correct taxpayer identification number (or 1 am waiting fora number to be Issued to me); and 2. t em not subject to backup withholding be auso: (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 longor 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 t rn. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cane of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not s t S3.gfi iafi you must provide your correct TIN. See the Instructions for Part II, later, Sign Here 8 4 1 0 2 9 5 0 Signature of U.S. person► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.lrs.gov/FormW9. Purpose of Form An individual or entity (Farm W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) whioh may, be your social security number (5514), individual taxpayer identification number (ITttV), 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 art information toturn. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) Date ►9 /29 • 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) • 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 area 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, later. Cat. No. 10231x Form W-9 (Rev. 10-2018) Contract Form Entity Information Entity Name* ENVIROTECH SERVICES INC. Entity ID* @00001622 Contract Name * SOLE SOURCES BASEBIND - DURABLEND Contract Status CTB REVIEW New Entity? Contract ID 7982 Contract Lead * LMORALES Contract Lead Email Imorales@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ENVIROTECH SERVICES TO SUPPLY FOR PICK UP OF UP TO 300,000 GALLON OF ROADSAVER (DURABLEND) AND UP TO 130,000 GALLONS OF BASEBIND-M PRODUCTS TO WELD COUNTY FOR USE ON GRAVELS ROADS FOR DUST SUPPRESSANT AND ROAD STABILIZATION. Contract Description 2 Contract Type* Department CONTRACT PUBLIC WORKS Amount* $451,500.00 Renewable* YES Automatic Renewal Grant IGA Department Email CM- PublicWorks@weldgov.co Requested BOCC Agenda Due Date Date* 03/30/2024 04/03/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be Department Head Email included? CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 12/01/2024 Renewal Date* 01/13/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI ADRIA SCHIEL DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/24/2024 04/25/2024 04/26/2024 Final Approval BOCC Approved Tyler Ref # AG 050124 BOCC Signed Date Originator LMORALES BOCC Agenda Date 05/01/2024 Hello