The URL can be used to link to this page

Browse Search

Home My WebLink About20251981.tiffResolution Approve Service Agreement for Emergency Purchase and Installation of Gas Boy Islander Prime Fuel Management System Upgrade and Authorize Chair to Sign — Kubat Equipment and Service Co., 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, the Board has been presented with a Service Agreement for Emergency Purchase and Installation of a Gas Boy Islander Prime Fuel Management System Upgrade between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Kubat Equipment and Service Co., LLC, commencing upon full execution of signatures, and ending July 13, 2026, 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 Service Agreement for Emergency Purchase and Installation of a Gas Boy Islander Prime Fuel Management System Upgrade between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Kubat Equipment and Service Co., LLC, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 14th day of July, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Excused Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board ce : BG(Po/cu), Avg. .10.6/25 2025-1981 BG0027 Con-hvad- I DA R10 (o June 25, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners Re: Gas Boy Islander Prime upgrade The currently Gas Boy fuel system that all county fuel delivery sites use has become obsolete. Parts for repairs are no longer available and if equipment at any site fails, there is no way to repair it. The Weld County Facilities Department is desiring to hire Kubat Equipment and Service Co. to provide and install Gas Boy - Islander Prime fuel equipment at all Weld County fuel sites. Weld County Code Section 5-4-80 titled Expenditures Not Requiring a Procurement Process. Item 18 in this section identifies "non -routine repairs, maintenance, and service agreements required by the Director of Buildings and Grounds (Facilities Department) to maintain County facilities" are exempt and may be purchased directly from those sources. This non -routine purchase and installation agreement is needed to maintain all County fuel delivery systems. Kubat has provided pricing to provide the equipment for $91,757.00 and the installation for $36,943.00 Therefore, Facilities Department is recommending entering this contract with Kubat Equipment and Service Co. to purchase and install the Gas Boy equipment in the amount of $128,700.00. Sincerely, Patrick O'Neill Director 2025-1981 lA SC10011 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County fuel sites equipment upgrades emergency purchase DEPARTMENT: Faciities DATE: June 25, 2025 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: The current fuel site gas delivery equipment is obsolete and failing. The Facilities Department is requesting to use County Code Sesson 5-4-80 — Expenditures not requiring a procurement process, to purchase the updated equipment and installation services. What options exist for the Board? 1. Approve the request 2. Deny the request Consequences: If any of the equipment at any fuel site goes down, there are no parts available for repairs. Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $128,700.00 Recommendation: The Facilities Department recommends placing this contract on an upcoming BOCC agenda for approval Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross SERVICE AGREEMENT BETWEEN WELD COUNTY AND KUBAT EQUIPMENT AND SERVICE CO. THIS AGREEMENT is made and entered into thisillday of 2025, by and between the Board of Weld County Commissioners, on behalf of theJ Facilities Department, hereinafter referred to as "County," and Kubat Equipment and Service CO., hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of Contractors proposal for labor and materials per the County's request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. Form Revision 5-2025 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $128,700.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local 2 Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, 3 and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." 4 Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. 5 Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. 6 The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and 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. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such 7 contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Christopher Hill 8 Position: Sales Rep Address: 1070 Galapago ST, Denver, CO 80223 E-mail: Phone: 303-777-2044 TO COUNTY: Name: Patrick O'Neill Position: Director Address: 1105 H Street Greeley, CO 80631 E-mail: poneill@weld.gov Phone: 970-400-2023 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 9 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 31. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 32. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 10 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: �"" • Name: Lance R Altizr Title: Chief Commercial Officer WELD COUNTY: Date of Signature: 2 July 2025 ATTEST: W.vitufwv jelim;ci BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: _' _ Deputy Clerk to the Board `ry L. Buck, Chair 11 JUL 1 4 2025 o25 -1q (31 Exhibit A 1070 S. Galapago St Denier, CO 80223 Fax 303-777-2324 Complete Sales, .Service & InslaJdaiio�� WELD COUNTY FACIL Phone: (970) 400-2023 1105HSt GREELEY, CO 80631 Project Quote Quote Nbr.: PQ005262 Quote Date: 5/7/2025 Sales Person: CHRISTOPHER HILL Reference: Weld County Islander Prime upgrade equipment bid Customer: WELD COUNTY FACILITIES rimary Location WELD COUNTY FACILITIES 1113 H St Greeley, CO, 80631 This project is utilizing discounted product pricing in accordance with Sourcewell. Weld County Account # 8903 will purchase using Sourcewell contract # 081524-GVR Gasboy product cost before SW discount $114,042.00. With Sourcewell contract Gasboy product cost $91,749.00. See MSRP Line items on page 4. ................ .......... ......<..,................. .<...<.,<...................................... ._,.,.....«...,:............................«.........,,.................. PLEASE NOTE: DUE TO INCREASING MATERIAL PRICING, FREIGHT COSTS AND MARKET VOLATILITY, THIS QUOTATION IS VALID FOR 7 DAYS. ALL PRICING SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. SURCHARGES AND TARIFFS ON MATERIAL, FUEL & FREIGHT MAY APPLY BASED ON MANUFACTURER IMPLEMENTATION. ANY ADDITIONAL OR CHANGE IN SURCHAGE/TARIFF RATES AND MATERIAL PRICING WILL BE ITEMIZED ON THE INVOICE. ALL FREIGHT CHARGES ARE ESTIMATED AND SUBJECT TO CHANGE UPON INVOICE OF SHIPMENT BY OUR VENDORS. THANK YOU FOR GIVING KUBAT EQUIPMENT AND SERVICE COMPANY THE OPPORTUNITY TO SUPPLY THE FOLLOWING ESTIMATE AND SCOPE OF WORK. NOTE: QUOTE IS TO REPLACE/UPGRADE EXISTING GASBOY ISLANDER PLUS TO A GASBOY ISLANDER PRIME SYSTEM NOTE: CUSOTMERS I.T. WILL BE REQUIRED AND A DIRECT CONTACT FROM CUSTOMERS I.T. DEPARTMENT WILL NEED TO BE AVAILABLE FROM START TO FINISH FOR THE UPGRADE TO COMPLETE ANY/ALL SOFTWARE NEEDS DIRECTLY WITH GASBOY/EKOS SYSTEM. GASBOY EQUIPMENT ONLY PROPSAL ..................................................................................... This quotation EXCLUDES the following items: 1.) Any permits, engineered drawings, or approval from any AHJ. 2.) Any testing, removal or disposal of any contaminated, excavated materials. 3.) Any repairs to any other components in the fueling system (unless specifically stated in this scope of work). 4.) Any moving of any utilities or services in the excavated areas. 5.) Any repair or replacement of any unmarked buried objects, piping or equipment in any excavated area. 6.) Any de -watering of any excavated area due to surface or ground water intrusion. 7.) Winter conditions (preventing or delay of above work). ttU BAT EQUIPMENT -"nil, SERVICE CO. 1070 S. Cialapago St. Denver, CO 80223 Faa 303-777-2324 ('umplere Snles..Serrice & lnsln/(wion I = Quoted To: - WELD COUNTY FACILITIES Phone: (970) 400-2023 1105 H St GREELEY, CO 80631 Project Quote Quote Nbr.: PQ005262 Quote Date: 5/7/2025 Sales Person: CHRISTOPHER HILL Reference: Weld County Islander Prime upgrade equipment bid Customer: WELD COUNTY FACILITIES Project Quoted: Primary Location WELD COUNTY FACILITIES 1113 H St Greeley, CO, 80631 NO. ITEM DESCRIPTION QTY. UOM PRICE AMOUNT 1 FUEL MGMT SYSTEM #1 Island Card Reader Standard - FL-0SHICR-00 2.00 EA 5,274.00 10,548.00 Sourcewell Pricing FUEL MGMT SYSTEM #2 Islander PRIME Standard Pedestal Base Z-FL0-PBS100 5.00 EA 0.00 0.00 FUEL MGMT SYSTEM #6 Site PRIME 2 Hose Mech - FL-2MHCSP-00 1.00 EA 4,380.00 4,380.00 4 FUEL MGMT SYSTEM #7 Site Prime Option: 1 Mech Hose - Z-FL0-PIC901 2.00 EA 1,498.00 2,996.00 FUEL MGMT SYSTEM #8 Site PRIME Extension 2 Hose Mech - FL-2MHESP-00 5.00 EA 2,448.00 12,240.00 FUEL MGMT SYSTEM #9 Site Prime Option: 1 Mech Hose - Z-FL0-PIC901 10.00 EA 1,498.00 14,980.00 FUEL MGMT SYSTEM #10 Islander PRIME 2 Mechanical Hoses FL-2MHOIP-00 1.00 EA 10,341.00 10,341.00 8 FUEL MGMT SYSTEM #11 Islander PRIME 4 Mechanical Hoses FL-4MHOIP-00 1.00 EA 10,761.60 10,761.60 FUEL MGMT SYSTEM #12 Islander PRIME Electronic — RS485 interface (for Atlas electronic models) 10 FUEL MGMT SYSTEM #14 Pulse Output, Dual channel Dual Pulse Z-AT0-APULID 1.00 EA 10,222.00 10,222.00 1.00 EA 750.00 750.00 11 FUEL MGMT SYSTEM #3 Gasboy System Services (EKOS) -1 Year 4.00 EA 0.00 0.00 12 FUEL MGMT SYSTEM #6 Universal/Indala (Generic) HID Reader Z-FL0-MCR007 5.00 EA 1,717.00 8,585.00 13 FUEL MGMT SYSTEM #5 Insert Mag Card Reader Z-FL0-HRK169 5.00 EA 599.00 2,995.00 14 PROJ INB FREIGHT- Project Freight 4.00 EA 360.00 1,440.00 GASBOY 15 K1070E Shop Supplies 1.00 EA 8.00 8.00 Continued... Page 2 of 4 16 070 S. Galapago St. Denver, CO 80223 l=ax 303-777-2324 ('omplete Sales, S I ce & Installation Quoted To: WELD COUNTY FACILITIES Phone: (970) 400-2023 1105 H St GREELEY, CO 80631 ITEM''' DESCRIPTION NON STOCK INVENTORY 2% Tariff Surcharge(Effective after 5/16/25) #4 2% Tarff Surcharge(Effective after 5/16/25) Project Quote Quote Nbr.: PQ005262 Quote Date: 5/7/2025 Sales Person: CHRISTOPHER HILL Reference: Weld County Islander Prime upgrade equipment bid Customer: WELD COUNTY FACILITIES Project Quoted: Primary Location WELD COUNTY FACILITIES 1113 H St Greeley, CO, 80631 QTY. ' t1011 PRICE AMOUNT 1.00 EA 1,510.40 1,510.40 "'Please see attached terms and conditions which are a part of this quote.`"* Customer Signature: Printed Name: Continued... Quote Total CO Ret. Del. Fee Tax Total Total 91,757.00 0.00 0.00 91,757.00 Page 3 of 4 1070 S. Galapago St. Denver, CO 80223 Fax 303-777-23?4 C„mp/eie Sul es. Se -Z X /nsiaAuiion CE= WOW To: WELD COUNTY FACILITIES Phone: (970) 400-2023 1105 H St GREELEY, CO 80631 Project Quote Quote Nbr.: PQ005263 Quote Date: 5/7/2025 Sales Person: CHRISTOPHER HILL Reference: Weld County Islander Prime Upgrade Labor Only Proposal Customer: WELD COUNTY FACILITIES ?Quioted: Primary Location WELD COUNTY FACILITIES 1113 H St Greeley, CO, 80631 PLEASE NOTE: DUE TO INCREASING MATERIAL PRICING, FREIGHT COSTS AND MARKET VOLATILITY, THIS QUOTATION IS VALID FOR 7 DAYS. ALL PRICING SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. SURCHARGES AND TARIFFS ON MATERIAL, FUEL & FREIGHT MAY APPLY BASED ON MANUFACTURER IMPLEMENTATION. ANY ADDITIONAL OR CHANGE IN SURCHAGETTARIFF RATES AND MATERIAL PRICING WILL BE ITEMIZED ON THE INVOICE. ALL FREIGHT CHARGES ARE ESTIMATED AND SUBJECT TO CHANGE UPON INVOICE OF SHIPMENT BY OUR VENDORS. THANK YOU FOR GIVING KUBAT EQUIPMENT AND SERVICE COMPANY THE OPPORTUNITY TO SUPPLY THE FOLLOWING ESTIMATE AND SCOPE OF WORK. NOTE: QUOTE IS TO REPLACE/UPGRADE EXISTING GASBOY ISLANDER PLUS TO A GASBOY ISLANDER PRIME SYSTEM NOTE: CUSOTMERS I.T. WILL BE REQUIRED AND A DIRECT CONTACT FROM CUSTOMERS I.T. DEPARTMENT WILL NEED TO BE AVAILABLE FROM START TO FINISH FOR THE UPGRADE TO COMPLETE ANY/ALL SOFTWARE NEEDS DIRECTLY WITH GASBOY/EKOS SYSTEM. LABOR ONLY PROPOSAL KUBAT WILL. MOBILIZE TO SITE WITH QUOTED EQUIPMENT CERTIFIED ELECTRICIAN WILL DISCONNECT POWER TO THE FUEL SYSTEM (LOCK/OUT-TAG/OUT) CERTIFIED ELECTRICIAN WILL REMOVE EXISTING CONDUITS/CABLING (POWER/COMMS) TO THE EXISTING FUEL ISLAND AND PULL BACK CONDUIT CABLING TO BE USED WITH NEW INSTALL. REMOVE EXISTING FUEL ISLAND TERMINAL AND DISPOSE OF SUPPLY/INSTALL NEW ISLANDER PRIME UNIT IN SAME PLACE AS EXISTING AND MOUNT TO THE GROUND SUPPLY AND INSTALL IN EXISTING CFN PLUS BOXES NEW SITE PRIME QTY 6 BOXES CERTIFIED ELECTRICIAN WILL BRING EXISTING CONDUITS (POWER -FROM EXISTIING PANEL-BREAKER/COMMUNICATION-FROM DISPENSER'S PULSERS ONLY) INTO THE NEW FUEL ISLAND TERMINAL, LAND EXISTING POWER CABLING, COMMUNICATION CABLING AND SEAL ACCORDINGLY CERTIFIED ELECTRICIAN WILL BRING POWER BACK UP TO THE NEW ISLANDER PRIME SYSTEM START UP NEW FUEL ISLAND AND REQUEST FOR EKOS TO "DUMP" DATA TO THE ISLANDER PRIME SYSTEM TEST NEW PRIME SYSTEM FOR PROPER ACCESS AT THE FUEL SYSTEM CONFIRM CUSTOMER SEES USAGE OF NEW SYSTEM THROUGH THE EKOS SOFTWARE AND ACCESS ACCORDINGLY. WELD COUNTY FACILITIES Phone: (970) 400-2023 1105 H St GREELEY, CO 80631 TRAIN KEY PERSONNEL FOR USE ON THE NEW ISLANDER PRIME SYSTEM CLEAN UP MATERIAL/DEBRIS FROM KUBATS SCOPE OF WORK AND DISPOSE OF ........«.....».......«........................».........««.«..:..................... Project Quote Quote Nbr.: PQ005263 Quote Date: 5/7/2025 Sales Person: CHRISTOPHER HILL Reference: Weld County Islander Prime Upgrade Labor Only Proposal Customer: WELD COUNTY FACILITIES tCtt Primary Location WELD COUNTY FACILITIES 1113 H St Greeley, CO, 80631 This quotation EXCLUDES the following items: 1.) Any permits, engineered drawings, or approval from any AHJ. 2.) Any testing, removal or disposal of any contaminated, excavated materials. 3.) Any repairs to any other components in the fueling system (unless specifically stated in this scope of work). 4.) Any moving of any utilities or services in the excavated areas. 5.) Any repair or replacement of any unmarked buried objects, piping or equipment in any excavated area. 6.) Any de -watering of any excavated area due to surface or ground water intrusion. 7.) Winter conditions (preventing or delay of above work). ELECTRICAL LABOR Electrical Labor Sub -Contractor - CARLTON ELECTRIC 1.00 ELECTRICAL MATERIAL Electrical Material Sub -Contractor - CARLTON ELECTRIC 1.00 EA 2,724.00 3 NTI Non -Taxable Install Assembly 4 K1070E Shop Supplies 1.00 EA 25,248.00 3.00 EA 8.00 UON I PRICE gt41 UN T EA 8,947.00 8,947.00 2,724.00 25,248.00 24.00 ***Please see attached terms and conditions which are a part of this quote.*** Customer Signature: Printed Name: Quote Total CO Ret. Del. Fee Tax Total Total 36,943.00 0.00 0.00 36,943.00 Continued... Page 2 of 3 TERMS AND CONDITIONS This proposal, when accepted.by the Buyer within the period set out in this contact, will constitute a bona fide contract between us. It is agreed that mere are no promises, agreements or understandings, oral or written, mat are not specified in this agreement No waiver, alteration or modification of the terms and conditions of this contract shall be binding unless in wr ting and signed by the Seller. 2. Prices. Prices quoted are for acceptance within 60 days and, unless otherwise specified, are subject to change or withdrawal without notice after mat date. Prices quoted are subject to adjustment to manufactures published list prices in effect at date of shipment unless specifically waived by quotation. Acceptance by mail shall be effective as an acceptance only when actually received by seller. 3. Change Orden. Any change to the scope of work set forth in the contract must be agreed to by both parties in writing. The cost for change orders is additional to the contract price 4. Related Work. Labor, materials and outside services for electrical, blacktop, water and sewer work are not inducted in this contract unless specified. Anchors, foundations and Cathodic protection are not inducted in this contract unless specified. If concrete slab is placed and finished under mis contract, the Seller is not responsible forme slab if not protected from traffic by the Buyer for 7 days. Tank hold-downs and anchors maybe required if ground water or a flood plain exists and will require additional expense. SPCC plans if required are the responsibility of the owner. Registration'o Tanks is the responsibility of the owner. 5. Delivery. Delivery promises are contingent upon fires, strikes, accidents, lockout, work stoppages, war, riot, availability of materials, acts of God, governmental action or regulation, and other causes beyond the Sellers control. The Seller shall have no liability for any delay, failure to deliver, loss or damage which might result therefrom. The Seller will endeavor to maintain schedules, but can not guarantee to do so. Time for delivery shall not be of the essence of this contract. The Seller is not liable for any loss or damages resulting from delay, howsoever caused or occasioned. Delivery, unless otherwise specified, does not include unloading. The Buyer shall make a storage area available to the Seller. Any necessary relocation of equipment or installation materials from this designated area will be at the Buyers expense. The F.O.B. point will determine the responsibility for filling out necessary claim forms for carrier damaged equipment. Claims will be handled according to the I.C.C./D.O.T. common carrier agreements and are not necessarily handled by Seller. 6. Delays. Any delay in the progress of the work not .used by Seller or its subcontractors will result in an additional charge to Buyer. 7. Terms. Payment terms are Net 15 days from the date of Seller's invoice. A deposit may be required on all installation contracts. The Seller may require progress payments covering the cost of materials and the cost of labor. ?he cost of labor will be predicated upon the percentage o/ completion of the contract. The Buyer will be sent an invoice forme value of materials stored and/or for the value of work completed. The Buyer shall pay for the same within 15 days. Any buyer payment in excess of 2500.00 that is made by credit card shall incur an additional 3% owed by Buyer to Seller. 8. Interest and Attomey Fees. The Buyer agrees to pay interest at the rate of 1.5% per month on all sums owed to Seller. The Buyer agrees to pay the Sellers reasonable attorneys' fees and court costs incurred collecting any sums due from Buyer and/or in enforcing any of the terms of this contract, including Sellers attorney fees and costs incurred in connection with defenses or claims asserted by Buyer. 9. Installation -Warranty. 13. Floating Tanks. The Buyer will lie responsible for filling all underground storage tanks with product for ballast immediately upon setting tanks in excavations. The Seller shall notify the Buyer when product will be needed. The Seller shall not be responsible for contamination or loss of product used for ballast. In the event the tank is not filled as requested, the Buyer accepts responsibility for damage that may occur from tanks floating because of underground water or run off water resulting from weather, and accepts the expense for equipment, labor and materials to reinstall tank. 14. Special Fees. Unless otherwise stated, no provision is made in this contract for special fees, permits, licenses, etc. If Seller is requested to furnish same, such charges will be added to the contract price. The Buyer shall furnish all surveys necessary for proper installation. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Buyer. 15. Indemnity Clause. The Buyer agrees to hold the Seller safe and harmless against all loss and from all liability, claims, demands or suits for: (a) bodily injury and/or property damage arising out of the work undertaken by Seller, its empbyees, agents and/or subcontractors, and arising out of any other operation, no matter by whom, performed for and on behalf of the Buyer, whether or not due in whole or in part to conditions, acts or omissions done or permitted by Buyer or Seller, except for such liability as is covered by the Sellers Workmen's Compensation insurance, and (b) alleged or actual infringement of any letters patent, copyrights or trademarks, either domestic or foreign, arising from the manufacture and/or sale of goods herein in accordance with pattems, designs, specifications, drawings, directions, or technical information or data furnished to the Seller by the Buyer. 16. Title and Risk Loss. Full risk of loss including transportation delays and losses shall pass to Buyer upon delivery of equipment and/or materials to the F.O.B. point. Title to and the right to possess each item of equipment are and shall remain vested in Seller until the Buyer pays the entire purchase price. In the event the Buyer does not promptly pay any monies due to Seller, or in the event the Buyers creditor financial responsibility becomes impaired or unsatisfactory (as the Seller may reasonably determine), or in the event the Buyer fails to perform any condition or obligation of mis contract, then the Seller may, at its election, demand immediate payment in rash before making delivery, or suspend delivery until receiving adequate assurance that it will be paid, in each event without notice and without any liability whatsoever to the Buyer. The Buyer shall maintain tens fire, theft and other casualty insurance inducting vandalism during me installation in amounts necessary to cover any losses resulting to the Seller for any losses or damage at the job site to Seller's construction equipment or the equipment to be installed pursuant to this contract, except for such loss or damage which is caused by the Sellers employees or agents. It is specifically understood that the Buyer shall be responsible for any such loss or damage which is not caused by the Seller, its employees or agents. 17. Taxes. No Federal, State or local taxes are included in this contract unless specifically so stated, and will be extra if applicable. 18. Goveming Law/ Jurisdiction. This contact and the dealings between the Buyer and Seller are governed by the law of the State of Colorado, without regard to its conflict of law principles. Exclusive jurisdiction and venue Tor any action to enforce or interpret any of the terms of this contract, i r to litigate any claim arising from the dealings of the Buyer and Seller, shall be in the state district court for the City and County of Denver, State oT Colorado. 19. Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER AND SELLER HERBY MUTALLY WAIVE ANY AND ALL RIGHTS THAT THEY MAY HAVE TO A TRIAL BY JURY, AND AGREE THAT ANY DISPUTE SHALL BE TRIED TO A JUDGE. 20. Errors. Stenographic, clerical, typographical and mathematical errors made by Seller on quotations, acknowledgements or invoices are subject to correction. 21. Pollutions Clause. This contract does not include the cost of removal, hauling or disposal of polluted or contaminated soil or materials unless specifically stated in the contract. ACOREI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDtYYYY) 06/30/2025 ..........-- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policypes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH JSA, LLC. N�AACT Marsh ! U.S:, Operations & Technolog�r PHONE r FAX �,,p,.�t,, 666-966-4664 ( ra No): 212-948-0519 4400 Comerica Bank Tower 1717 Main Street Dallas, TX 75201-7357 E-MAIL Dalias.Certs mars.com ADDiiEs4t r_ INSURERS AFFORDING COVERAGE NAIC a - _. _ _ _.. _ _ ..__ _INSUR.-A :Solon j sigance_compa1)f 39993 __CN102102799--GAWXP-24.25 INSURED INSURERS : Z.:_ch uitcrican InsurO. COMM 16535 Kubat Equipment & Service Co, LLC. 1070 Galapago Street c : SeeAttadtellACord_10L- Denver, CO 80223 _INSURER INSURER D : INSURER E INSURER F : HOU-00420724401 REVISION NUMBER: 2 .....�...,,...,, -- - - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS" INSR LTR jADDLt$UBR( TYPE OF INSURANCE INTO WVD POLICY NUMBER (MMi4D/YYYYI gam POLICY EXP LIMITS (INMIDD/YYYYi� A X COMMERCIAL GENERAL LIABILITY I y f CLAIMS -MADE [2( 1 OCCUR � � y I PACE303737 08/21/2024 08/07/2025 i EACH OCCURRENCE $ 1000,000 Pillar,Ea occurrences $ 300,000 REMISE u j kMED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 I GENT AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 2,000,000 ,_._ PRO X POLICY Ei JECT '.� _; LOC E OTHER: PRODUCTS COMP/OP AGG $ 2,000,000 B AUTOMOBILE LIABILITY I y i y j BAP 3919220-04 I 1 ( X,. ANY AUTO i i t 08/21/2024 08/07/2025 i COMBINED SINGLE LIMIT LE�gccwt>�0 _..-- ! BODILY INJURY (Per person) $ 2,000,000 --- OWNED SCHEDULED AUTOS ; BODILY INJURY (Per accident) $ AUTOS ONLY __ HIRED 'vac— _ NON -OWNED i AUTOS ONLY ,-PROPERTY DAMAGE '��jPer accident) $ �_ _I I I C UMBRELLA LIAR OCCUR j See Attached III .rni~i MES6 LIAB I X X CLAIMS -MADE 08/21(2024 08/07/2025 EACH OCCURRENCE _._...---..... ----._ , AGGREGATE 10,000,000 .. ? ....._.___..._.. ._ $ 10,000,000 ) QED 1 [RETENTION $ i B J 111=SCOMPENSATION 1 # AND EMPLOYERS'LIABILITY YIN 1 Y I ANYPROPRIETOR/PARTNERrEXECUTIVE 1 i OFF10ERtMEMBEREXCLUDED? N 1 N t A (Mandatory In NH) MOMdescribe under DESCRIPTION OF OPERATIONS below WC 3919219-04 08/21/2024 08/07/2025 PER X� STATUTE _..,.._ ER EL. EACH ACCIDENT _� .-___ DENT I E L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ "--' $ 1,000,000 $ 1,000,000 A Pollution/Professional Lieb. PACE303737 08/21/2024 08/07/2025 i Each Pollution Condition: Aggregate: I 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached U more space Is required) Weld County, Colorado is/are included as additional insured (except workers' compensation and Professional/Pollution) where required by written contract. Waiver of subrogation is applicable where required by written contract anc subject to policy terms and conditions in favor of additional Insured. CANCELLATION Weld CoLnty, Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1150 O Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley, CO 80631 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7,11r..sa4 ?t.E�4T A Ae, ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102102799 LOC i1: Dallas ACCDRO�' ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH USA, LLC. POLICY NUMBER CARRIER INAIL CODE NAMED INSURED Kubat Equipment & Service Co, LLC. 1070 Galapago Street Denver, CO 80223 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess Liability Continued: Excess Liability Tower. Automobile Excess Liability Underlying: Zurich - (Policy # BAP 3919220-04) 8/21/2024 - 811/2025 Endurance American Specialty Insurance Company 141718 Limit: $1,000,000 Policy #: EXT3o066653900 Effective / Expiration Date: 8/21/2024.8!1/2025 Indemnity National Insurance Company / 18468 Limit: $2,000,000 p/o $4,000,000 Policy It XS0001714 24 Effective I Expiration Date: 8/21/2024 - 8/7/2025 Lexington Insurance Company / 19437 Limit: $2,000,000 plo $4,000,000 Policy #: 66321042 Effective / Expiration Date: 8/21/2024 - 8!7/2025 Illinois Union Insurance Company /27960 Limit: $5,000,000 Policy #: G48727682 001 Effective / Expiration Date: 6/21/2024 - 8/7/2025 General liability, pollution liability, professional liability, & employers liability Excess Liability Underlying: Colony - (Policy # PACE303727) & Zurich (Policy # 41/C3919219-04) '!21/2024 - 8/7/2025 Colony Insurance Company / 39993 Limit: $2,000,000 x Primary Policy #: EXC303738 Effective / Expiration Date: 8/21!2024 - 8/7,025 Admiral Insurance Company/24656 Limit: $3,000,000 x $2,000,000 Policy#: SPE563402606 Effective / Expiration Date: 8/21,024.8/7/2025 Allied WJodd Assurance Company / 19489 Limit: $5,000,000 x $5,000,000 Policy #: 0314-3871 Effective / Expiration Date: 8/21/2024 - 8/7/2025 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C tract Foy Entity Information Entity Name KUBAT EQUIPMENT AND SERVICE CO INC Contract Name* Entity ID* @00033185 Q New Entity? Contract ID Parent Contract ID ISLANDER PRIME UPGRADES TO ALL FUEL SITES 9706 Contract Status CTB REVIEW Contract Description* UPGARDE ALL FUEL SITES TO ISLANDER PRIME Contract Description 2 Contract Type* CONTRACT Amount* $128,700.00 Renewable* NO Automatic Renewal Grant IGA Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 07/05/2025 GROUNDS 07/09/2025 Department Email CM- BuildingGrounds@weld.go v Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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* 10/01/2025 Committed Delivery Date Renewal Date Expiration Date* 10/01/2025 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 PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 07/09/2025 07/09/2025 07/09/2025 Final Approval BOCC Approved Tyler Ref # AG 071425 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 07/14/2025 Hello