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Home My WebLink About20231465.tiffCon -h ac+,p14 19 ►B CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIROTECH SERVICES, LLC This Agreement Extension/Renewal ("Renewal"), made and entered into 1 ptday of March, 2024, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works , hereinafter referred to as the "Department", and EnviroTech Services LLC, 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. 2022-0435, approved on February 14, 2022. 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 current Agreement identified as by the Weld County Clerk to the Board of County Commissioners as docket No. 2023-1465, will end on December 31, 2023. • The parties agree to extend the Original Agreement for an additional 365 -day period, which will begin January 1, 2024, and will end on December 31, 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1.Contract Time Extension: This is a Last year extension of a possible three-year contract. 2.Change to the Original Bid Schedule: The 2023 quantity for 70/30 (MAG-Chloride) Liquid Dust Palliative of 1,374,265 gallons has been changed to 1,705,535 gallons for the 2024 contract. The 2023 Bid schedule for the original contract will be replaced by the Attached 2024 Bid schedule. 3. Change to contract Price: The 2023 contract price for 70/30 (MAG-Chloride) Liquid Dust Palliative of $0.81per gallon, will increase to $0.85 per gallon delivered to Weld County Public Works Greeley, Kersey and New Raymer locations and Weld County pick-up price will increase from $0.76 to $0.80per gallon during the 2024 contract extension renewal. The 2024 total contract amount not to exceed $1,409,704.75. 4. Supply Bond Requirement: Weld County requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Tim Pike - EnviroTech Services, LLC Printed Name Signature eons+ 3/t$Iz4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2023- 1,-1(05 BID SCHEDULE 2024 ITEM# ITEM LOCATION QUANTITY UNIT PRICE PER UNIT CONTRACT PRICE 209.8 Liquid Dust Palliative Mag (70/30) PICK-UP * Up TO 800,000/GAL GALLON $0.80/gal $640,000.00 209.8 Liquid Dust Palliative Mag (70/30) KERSEY * Up TO 275,000/GAL GALLON $0.85/gal $233,750.00 209.8 Liquid Dust Palliative Mag (70/30) NEW RAYMER * Up TO 205,535/GAL GALLON _ $0.85/gal $174,704.75 209.8 Liquid Dust Palliative Mag (70/30) GREELEY Up TO 425,000/GAL GALLON $0.85/gal $361,250.00 ITEM# ITEM LOCATION QUANTITY UNIT PRICE PER UNIT CONTRACT PRICE 106.08 20,000 Gallon Bulk Storage Tank with Pump NEW RAYMER 1 PER MONTH PRICE IN PRODUCT PRICE 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@envitrotechservices.com TAXPAYER ID# 84-1102950 BY: TITLE: Rocky Mountain Regional manager DATE: 02/07/2024 "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. AC©RCP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 03/07/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 A1AMCONTACT Dana Stewart, CIC, CISR E: PHONE (970) 266-7149 I FAX No►: () 50 970 8-6845 No. Exlk 1 (AIC 9tai A�REss: DStewertafi0odpeterson.com 00 INSURERS) AFFORDING COVERAGE NAIL M INSURER A : Navigators Insurance Company 42307 INSURED EnviroTech Services, LLC EnviroTech Services, Inc.; Hallet Dock No. 8, LLC 910 54th Avenue, Suite 230 Greeley CO 80634 iNsuRER B : Berkshire Hathaway HDmestate Companies 20044 INSURER C: INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: AU /X x2/2024 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T R TYPE OF INSURANCE INSDDL WVD POLICY NUMBER PDUCY EFF (MM/OD/YYYY) POLICY ExP (MM/DOIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE /� OCCUR Y Y CH23NP37092811C 04/15/2023 04/15/2024 EACH OCCURRENCE $ 2,000,000 GAMAGETORENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL&ADVINJURY $ 2,000,000 GEN'LAGGREGATE UMIT APPLIES PER: POUCY ❑X JEC E LOC OTHER: GENERAL AGGREGATE_ $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,002 A AUTOMOBILE LIABILITY X ANY AUTO -- OWNED �, AUTOS ONLY HIRED AUTOS ONLY �— SCHEDULED ,_ AUTOS NON -OWNED AUTOS ONLY FA116AP01735612 04/15/2023 04/15/2024 COMaiNED SINGLE LIMIT (Ea accJdent) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per aecidan0 S A UMBRELLA LIAB X OCCUR X EXCESS LAB CLAIMS -MADE CH23NP3709281IC 04/15/2023 04/15/2024 EACH OCCURRENCE $ 15.000,000 AGGREGATE $ 15,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (Mandatory in NER Excluoeo? �N (Mandatory in NH) ryes, describe under DESCRIPTION OF OPERATIONS below N /A ENWC521879 02/01/2024 02/01/2025 X1 PER I 10TH- ^I STATUTE ER Stop Gap Included E.L EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E L. DISEASE - POLICY LIMIT $ 1 MM000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Project #81600045, Dust Palliatives Supply The Board of County Commissioners of Weld County, Colorado, its officers, and employees are included as Additional Insured under General Liability as required by written contract but only as respects to liability arising out of work performed by the named insured. Waiver of subrogation applies with regards to General Liability 30 Days notice of cancellation will be given to the Certificate Holder. This Certificate does not alter the insurance coverage afforded by the policies described herein. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street AUTHORIZED REPRESENTATIVE PO BOX 758 j, /�/'j�j Greeley ) CO 80832 - 1 8 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Chloe White From: Sent: To: Cc: Subject: Chloe White Thursday, March 14, 2024 12:26 PM Luis Morales Houstan Aragon; Cheryl Hoffman; Esther Gesick RE: Contract ID #7918 Thank you, Luis! I'll add this email to the file to document the corporate change from Inc. to LLC. Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite(a weld. gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Luis Morales <Imorales@weld.gov> Sent: Thursday, March 14, 2024 11:56 AM To: Chloe White <cwhite@weld.gov> Cc: Houstan Aragon <haragon@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: Re: Contract ID #7918 Yes they did. I believe it will be this year. So now they are LLC. Thank you. Luis Morales On Mar 14, 2024, at 11:31 AM, Chloe White <cwhite@weld.gov> wrote: Hi Luis, I'm working on adding Contract ID #7918 to Monday's Consent Agenda and I noticed the extension/renewal is for Envirotech Services, LLC, but all previous documentation was for Envirotech Services, Inc. Did they undergo a corporate structure change? Thank you, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite@weld.gov <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Contract Form Entity Information Entity Name * ENVIROTECH SERVICES INC. Entity ID* @00001622 Contract Name * 2024 DUST PALLIATIVE SUPPLY (MAG-CHLORIDE) 70/30 Contract Status CTB REVIEW Contract ID 7918 Contract Lead * LMORALES O New Entity? Parent Contract ID 20220435 Requires Board Approval YES Contract Lead Email Department Project # (morales@weldgov.com Contract Description 2024 DUST PALLIATIVE SUPPLY FOR WELD COUNTY DUST MITIGATION PROGRAM. Contract Description 2 Contract Type* RENEWAL Amount* $1,409,704.75 Renewable * NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co m Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL NTYATTO R N EY@W EL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 03/14/2024 03/18/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2200043 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 01 /01 /2024 Review Date * 10/31/2024 Renewal Date 03/15/2025 Termination Notice Period Committed Delivery Date Expiration Date* 12/31/2024 12/31/2024 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 03/14/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 03/12/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/18/2024 Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 03/13/2024 03/13/2024 Tyler Ref* AG 031824 Originator LMORALES Coh{vacf- IDt# BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2023 RoadSaver W (Mag-Chloride) Envirotech DEPARTMENT: Public Works DATE: 3/3112023 Jan PERSON REQUESTING: Luis Morales, Supervisor, Gravel Road Management Brief description of the problem/issue: The agreement for RoadSaver W (Mag-Chloride) 70/30 chemical Contract can be extended from January 1, 2023, to December 31, 2023, as permitted by the contract. This extension would be the second year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the current Engineering New -Record (ENR) price for Material Cost index which was + 16.0% increase from January 2022 to January 2023. Envirotech Services Inc is requesting an increase of 14.08%. The Dust Palliative RoadSaver W (Mag-Chloride) 70/30 budget amount for 2023 is $1,075,655.00, Public Works does not anticipate going over the approved budget amount. Envirotech Services Inc was awarded this contract in 2022 as the low bid and the Public Works Department has been satisfied with their products performance. Attached to this Pass Around is the 2023 Bid Schedule. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): The Board may either approve or deny contract renewal/extension. Recommendation: Public Works recommends awarding Envirotech the contract renewal/extension. Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine COnS " 5-/Z1-4/2,3 2023-1465 eGob S1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND Envirotech Services INC. This Agreement Extension/Renewal ("Renewal"), made and entered into Z' day of Main 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Envirotech Services INC., 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 2022-0435, Contract ID No. 5604, approved on March 28.h, 2022. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the first of two possible renewals 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 Original Agreement will end on March 28., 2023. The parties agree to extend the Original Agreement for a one 365 -day period, which will begin March 280, 2023, and will end on December 31, 2023. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Contract Time Extension: This is the first extension of a possible three-year contract. 2. Change to the Original Bid Schedule: The 2022 Quantity for 70/30 Mag-Chloride Liquid Dust Palliative of 1,473,500 gallons has been changed to 1,374,265 gallons for the 2023 contract. The 2022 Bid schedule for the original contract will be replaced by the Attached 2023 Bid Schedule. 3. Change to the Contract Price: The 2022 contract price for 70/30 Mag-Chloride Liquid Dust Palliative of $0.71 per gallon, will increase to $0.81 per gallon delivered to Weld County Public Works Greeley, Kersey and New Raymer locations and Weld County pick-up price increases from $0.71 to $0.76 during the 2023 Contract Extension Renewal. The 2023 total contract amount not to exceed $.1,075.655. 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. 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: Envirotech Services INC BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Tim Pike Printed Name 8 Mike Freeman, h '-adrh/t) tfo •:��Ld�" t Clerk t• the Board Cl1 BID SCHEDULE 2023 ITEM# ITEM LOCATION QUANTITY UNIT PRICE PER UNIT CONTRACT PRICE 209.8 Palliative L(70/30) Liquid Dust Mag PICK-UP 750 * Up 000 TO GAL GALLON $0.76 $570,000.00 209.8 Palliative Liquid (70/30) / Dust Mag ) KERSEY * 185,000/GAL Up TO GALLON $0.81 $149,850.00 209.8 Liquid Palliative Dust Mag NEW RAYMER Up TO GALLON $Q.BI __$112,804.65 139,265/GAL (70/30) 1 ,_ 209.8 Palliative Liquid 70/30} Dust Mag GREELEY * 300,000/GAL Up TO GALLON $0.81 $243,000.00 ITEM# ITEM LOCATION - QUANTITY _ • UNIT r PRICE PER UNIT CONTRACT PRICE _.- 106.08 1 20,000 Bulk Storage Gallon NEW RAYMER ., 1 PER MONTH PRICE IN PRICE PRODUCT Tank with Pump 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, Inc. BUSINESS ADDRESS: 8610 54th Avenue, Suite 230 CITY, STATE, ZIP CODE: Greeley, CO 80634 TELEPHONE NO: (970) 340-3900 TAXPAYER ID# 84-1102950 BY: TITLE: Rocky Mountain Regional mama' DATE: 03.30.2023 EMAIL: tpike©env trotechsery **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID* ces.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. TRAVELERfT Travelers Casualty and Surety Company of America Tramline Casualty and Surety Company St. Paul Fire end Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Trarrelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marne Insurance Company are =petitions duly organized under the laws of the State of Connecticut (heroin collectively rated the "Companies", and that the Companies do hereby make, constitute and appoint Duke R Huggins of Colorado , their true- and tuneful Aoomey(s)4n-Fact to sign, execute, seal and Campania* their buagend d s bonds, recognizance., conditional undertakings and other writings obligatory in the nature thereof on behalf of guaranteeing the fiddly of persona, guaranteeing the parfomienne of contracts end executing or guaranteeing bonds end undertatdngs required or permitted in any actions or ptoceedbtgs allowed bylaw. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 41st day of April, 2071. State of Connecticut By: City of Hertford es. Robert L. Re nor Vie President On this the 21st day of Apd t 2O21, before me pereonaty appeared Robert L. Raney, who acknowledged himself to be the Senior Sloe President of each of the Competes, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes Retrain contained by signing on behelf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto eat my hand and official seal. My Commission expires the 30th day of June, 4070 Anne P. Ncwlk, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now In full force and effect, reeding se follows: RESOLVED. that the Chairman, the President, any Vice Chairman, any Executive Vice President any Senior Vice President, any Vico Preslent eny Second Vice President, the Treasurer, any Assistant Inseam* the Corporate Secretary or shy Assistant Secretary may appoint Attorneys -to -Fact end Agents to act for end on behalf of the Company end may give such eppokltee such Buff.* as lids nr her = icata of aulhcuity may preerxibe to elan with the Company's name and seal with the Campania Beal bonds, relcognisances, =tracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditions! undertaking, end any of said officers or the Hoard of Directors at any time may remove any eudh appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairmen, the President, any Vice Chairmen, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each suoh delegation is In writing and a copy thereof is flied in the once of the Secretary; and h is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory h the nature of a bond, recognizance, or conditional undetteking shell be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President any Senior Vice President or any Vice President, any Second Via President, the Treseurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Campania seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, ff required) by one or more Atorneyedn-Fact and Agents pursuant to the power prescribed in his or her certificate or their certtloetes of authority or by one or more Company Mora penmen to a writer delegation of authority: and ft is FURTHER RESOLVED, that the signature of each of the (*towing officers: President, any Facacutve Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretmy, any Assistant Secretary, end the seal of the Company may be affixed by facsimile to any Paver of Attorney or to any certificate relating thereto appointing Resident Vice Pnsskio nta, Resident Asalat of Secretaries or Attomeyein- Fact for purpoeas only of executing and attesting bonds end undertehdres and other writings obligatory In the natant thereof, end any such Power of Attorney or certificate beating such facsimile signature or readmits 80al.hati be valid and binding upon the Company and any such paver so weaned end certified by such facsimile signature and facsimile seat aheti be valid and binding en the Company in the future with respect to any bond or undentending to which it le attached. i, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby codify that the above end foregoing Is e true end coned copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Deted this a tild. day of M a,ecl7 , 2u z3 , /fet., vin E. Hughes, retery %bwe* Usarudbi7ffdfR'ofMkPostwar Attomagpleats arIusatl,tt. 214NNL Pam rearm Mr aboviktnardAMmn ey(04 .FhisctendtlisMe* of the *wilt° whicb this PeaserofMammy isalbat d. BOND NO.: 107733200 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Envirotecb Services. Inc.. 910 54th Ave., Suite 230, Greeley. Colorado 80634 as Principal, (hereinafter called the Supplier), and Travelers Casualty and Surety Company of America, One Tower Square, Hartfords CT 06183 as Surety, (hereinafter called Surety), are held and firmly bound unto Weld County. 1150"O" Street. Greeley. Colorado 80631 as Oblige, (hereinafter called the Buyer), in the just and full sum of One Million Seventy -Five Thousand Six Hundred Fifty -Five and NoiifOths Dollars ($1.075,655.00) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated March 28.2022 to furnish the following briefly described supplies: 70/30 Mat -Chloride Liquid Dust Palliative of 1.374.265 tenons which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the 28th day of March, 2023 Envirotech Services, Inc. (Principal) (Seal) (Title) (Witness) Travelers Casual nd Sure Com an of America (S (S ty) R. Huggins, tto �'� n-Fac ( tness) ACORI J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 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. She poltcy(lea) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endoreement(B). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 Et Dana Stewart, CIC, CISR Ptrorl6 . (970) 266-7149 FA71 �y £xD: � (AIG, Na}: (970) 506-6845 A6oP080 DSIewoR e=moan) M8URIOItI AFFORDING COVERAGE NAM 0 NSURERA; Navigators Insuranoe Company 42307 INSURED EnviroTech Services, Inc. 910 54th Avenue, Suite 230 Greeley CO 80634 INSURER e : Berkshire Hathaway Homestate Companies 20044 INSURER C INSURER D INSURERS: INSURER, • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T TYPE OF INSURANCE ADPI SUER INSD IMfD POLICY NUMBER POUOY EPP RAWDEVYYYYt POLICY EXP ifeMIDD/YYY, LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ElTO OCCUR Y CH22NP3709281IC 04/15/2022 04/15/2023 EACH OCCURRENCE $ 1,000,000 OHMAGE RENTED PREMt$E?$ fERt 1cat $ 500,000 MED EXP (Any one person) $ 25,000 PERSONAL „Dv iNJURY $ 1,000,000 f3LM.MGREGAT£ LIMITAPPLIES PER: POLICY J2E ❑ LOC OTHER: GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY 'V HIRED /'� AUTOS ONLY ��SCHE i-ED AUTOS V NON -OWNED •/! AUTOS ONLY Y DE118AP01735611 04/15/2022 04/15/2023 Oh�SiPtUt` .E LtMT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ pERN (peraeddent} $ A UMBRELLA UAB X OCCUR X EXCESS LIAR CLAIMS -M20, Y CH22NP37092811C 04/15/2022 04/15/2023 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 DE.D I I RETENTION 8 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPralTal /PARTN Or'? CUTIVE (Mandatory InN ) EXCLUDED? N� (Mandatory in NH) If yes, dascdbe under DESCRIPTION OF OPERATIONS below NIA ENWC419998 02/01/2023 02/01/2024 I( X/� STATUTE I I ER Stop Gap Included E.L. EACH ACCIDENT $ 1.000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E L• DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached if more space is required) Project: Document No. 2019-1355 approved on May 13, 2019. Weld County Public Works Gravel Road Management is included as Additional Insured for General Liability, Automobile Liability and Umbrella/Excess Liability as required by written contract for liability caused by the named insured, subject to policy terms and conditions. This Certificate does not alter the insurance coverage afforded by the policies described herein. Weld County Public Works Gravel Road Management SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street GO Boy 756 AUTHORIZED REPRESENTATIVE Greeley CO 80632 ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 7RAVELERST Travelers Casualty and Surety Company of Arnerkca Trawlers Casualty and Surety Company St. Paul Fire and Miring Insurance Company POWER OF ATTORNEY KNOW AU. NEll BY THERE PRESENT& That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Camper* and St Paul Eke and Men rs Insurance Company ere corporations duly organized under the laws of the Stets of Connecticut (herein collectively caned the Vomp�►s"), end thrf the Companies do hereby make. constitute and appoint Mace R Huggins of acknowledge any end at bonds, recognizance., conditioned ur:MO.1 and other writings o CoryColorado their kue and lawful in the to uren, mew*,seal and on betray of the Companies hr their business of guaranteeing the fidelity of persons, gueranteeing the performance of contracts and executing or guaranteeing bands and undertetdngs required or permitted In any actions orproceedkrge showed bylaw. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 21et day of April, 2021. Stets of Connecticut City of Hertford se.'Retain L Rangi to Vice President On ttds the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, end that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on belied of said Companies by himselfes a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official Beal. {� My Commission expires the 90th day of June, 2020 By: eezei Anna P. Hewitt, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of eeoh of the Companies, which resolutions are now in full force and effect, reading es follows; RESOLVED, that the Chairman, the Presdent, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice president, any Sseortd Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assletent Secretary may appoint Attorn eye-kr-Fec end Agents to act for and on behalf of the Company end may give such appointee such authority es his or her certificate of authority may prseaibe to sign with the Company% name and earl with the Companyre seal bonds, reaognizenc:es, contracts of indemnity, and other writings obligatory fn the nature of a bond, recognizance, or candelas' undertaidng, and any of said officers or he Board of Directors at any time may remove any such appointee and revoke the power given him or ham, and k is FURTHER RESOLVED, diet the Chairman, the President, any Vice Chairman, any Executive Vies President, any Senior Vice President or any Vice President may delegate ail Or any part of the foregoing authority to one or morn officers or employees of this Company, provided that each such delegation Is in writing end a copy thereof Is filed In the office of the Secretary; and it is FURTHERRESOLVED that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional VIA undertaking shat be valid end binding upon the Company when (a) signed by the President, any Sloe Chairman, eny Executive any Senior Vice President or any Vice Protestant, env Second Vice President, the Treasurer, any Aedelent Treasurer, the Corporate Secretary or any Asetetent Secretary end duty attested end sealed with the Company's seal by a Secretary or Assistant Secretary, an (b) duly executed (under seal, P required) by one or more Attorneys -In -Feet and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant re a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President any Raiment vice President, any Secretary, any Assistant Seoretary, end the seal of the Company maybe stoked by fegtmle to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Aaebtant Secretaries or Attomeys-tn- Fact for purposes only of executing end attesting bonds and undertakhrgs and other writings obligatory to the nature thereof, and erry such Power of Attorney or certificate bearing such facsimile signatureor facsimile seal shat be valid and binding upon the Company and arty such pourer so executed end certified by such facsimile signature and feminine seal shall be valid and binding on the Company In the future wtth reaped to any bond or underatandtng to which it is attached. I, Kantn E. Hughes, the undereigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force end effect. Doted Erie ►'3 day of Pr-by,..m.1 , 2O7-3 . Kevin E. Hughes,, 0e4seSec retary T1► vett*the swithentleity creek Pow of Monies pleas =Ow at 1400421z'AIDIk Plasm marls the a8oeengtemed Atterney004.49oct,asedMe *Mkt oft** &girflee dlit Power*, Attorney i attadtal. TRAVELERS VERIFICATION CERTIFICATE License No. Bond No.: 105193693 Current Billing Term From April 29, 2023 to April 29, 2025 THIS IS TO CERTIFY that the above referenced Bond, issued by Travelers Casualty and Surety Company of America dated April 29, 2009 , in the amount of Seventy Five ENVIROTECH SERVICES, INC. and in favor of WELD COUNTY PUBLIC WORKS DEPT. remains in effect, subject to all agreements, conditions and limitations. Signed, sealed and dated February 13, 2023 F -307-J (10/68) (Rev. 05/16) ( $75.00 ) on behalf of (as Principal), (as Obligee), Contract Form New Contract Request Entity Information Entity Name" ENVIROTECH SERVICES INC. Contract Name* ROADSAVER W MAG 70/30 Contract Status CTB REVIEW Entity ID* 000001622 Contract Description* ROADSAVER W MAG 70,30 FOR WELD COUNTY PROJECTS. Contract Description 2 Contract Type* AGREEMENT Amount* 61,075,655.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadWweldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKER ACO. W EL D. CO. US New Entity? Contract ID 6881 Contract Lead" LMORALES Contract Lead Email Imorales@weldgov.com Requested BOCC Agenda Date" 04;26.2023 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/22/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* 82200043 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 Review Date* 100212023 Renewal Date* 01/01/2025 Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approve CONSENT Approva Department Head .CURTIS HALL DW Approved Date 05;'22,2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05;`24/2023 Originator LMORALES Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 05'22/2023 Finance Approved Date 05/22!2023 Tyler Ref AG 052423 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 05,22/2023 Hello