HomeMy WebLinkAbout20251327.tiffResolution
Approve Sole Source Supply Agreement for Dust Suppression and Road
Stabilization Products and Authorize Chair to Sign — EnviroTech Services, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, Weld County Code Section 5-4-80, Expenditures Not Requiring a Procurement
Process, exempts items purchased through current State, Federal, GSA, or other
Cooperative Contracts, and
Whereas, Weld County Code Section 5-4-90, Sole Source Purchasing, the Purchasing
Manager has reviewed and deems it advisable to approve Envirotech Services, LLC, as
a Sole Source Vendor, and
Whereas, the Board has been presented with a Sole Source Supply Agreement for Dust
Suppression and Road Stabilization Products between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Envirotech Services, LLC, commencing upon full
execution of signatures, and ending May 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 Sole Source Supply Agreement for Dust Suppression and Road
Stabilization Products between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Envirotech Services, LLC, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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2025-1327
EG0083
Sole Source Supply Agreement for Dust Suppression and Road Stabilization Products —
EnviroTech Services, LLC
Page 2
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 stay of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Excused
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1327
EG0083
Cornivac+ lbg. 12 1
April 22, 2025
Public Works Department
(970) 400-3750
1111 H Street., P.Q. Box 758
Greeley, CO 80632
To: Board County Commissioners
Re: Recommendation for Dust Mitigation Supply for 2025
The Weld County Public Works Department is desiring to purchase RoadSaver
Durablend and Basebid products for use as dust mitigation on gravel roads.
Envirotech Services LLC is the only supplier of these products due to the products
being proprietary.
The Purchasing Division has verified and concurs with the sole -source designation
of this proprietary product as identified in Weld County Code Section 5-4-90 titled
Sole Source Purchases.
Further, Weld County Code Section 5-4-80 is titled Expenditures Not Requiring a
Procurement Process. Item 28 in this section identifies "items which are
proprietary" are exempt and may be purchased directly from those sources.
Envirotech Services has quoted the following:
• RoadSaver Durablend product with a not to exceed quantity of
330,000 gallons in the amount of $330,000.00
• BaseBind product, with a not to exceed quantity of 130,000 gallons in
the amount of $149.500.00
Therefore, the Weld County Public Works Department is recommending
approval of the supply agreement with Envirotech Services LLC for a total of
$479,500.00
Sincerely,
Curtis Hall
Director
2025-1327
5/1 4
%oo$3
SUPPLY AGREEMENT BETWEEN WELD COUNTY AND ENVIROTECH SERVICES,
LLC
THIS AGREEMENT is made and entered into this Hilly of May, 2025, by and
between the Board of Weld County Commissioners, on behalf of Public Works,
hereinafter referred to as "County," and Envirotech Services, LLC, hereinafter referred to
as "Contractor".
WHEREAS County requires an independent contractor to supply materials to
County as set forth in the attached Exhibits; and
WHEREAS Contractor is willing and has the specific ability to supply the required
materials at or below the cost set forth in the attached Exhibits in accordance with the
terms of this Agreement.
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 is the Bid Schedule for 2025 dust mitigation products of Road Saver
Durablend and Base Bind M.
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. The material and/or equipment shall be delivered to the
location(s) specified herein.
3. Term. The term of this Agreement begins upon the date of the 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.
Forrn Revision 3-2025
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 notice to cure such breach.
Nothing herein shall be construed as giving Contractor the right to provide materials or
services under this Agreement beyond the time when such materials or services become
unsatisfactory to the County. 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; Invoicing. Upon Contractor's delivery of materials to County at
the location described in the Exhibits, and County's acceptance of the same, County
agrees to pay Contractor a not to exceed amount of $495,500.00 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. lf, 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. Notwithstanding anything to the
contrary contained in this Agreement, County shall have no obligations under this
Agreement after, nor shall any payments be made to Contractor in respect of any period
after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance
with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget
Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution,
2
Article X, Sec. 20). Unless otherwise provided in the Exhibits, Contractor shall invoice
County for all materials supplied by Contractor under this Agreement within thirty (30)
days of acceptance of such materials by County, and County shall remit payment to
Contractor for all undisputed funds within thirty (30) days of receiving such invoice.
County shall include a written explanation for the nonpayment of any disputed funds, and
the parties shall cooperate to resolve the dispute in a reasonable timeframe.
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.
Contractor warrants that it has title to the materials supplied and that they are free and
clear of all liens, encumbrances, and security interests. In addition to the foregoing, all
work performed pursuant to this Agreement is subject to a minimum one-year warranty
period, unless a greater time is stated in the Exhibits, during which the Contractor must
correct any failures or deficiencies. This warranty shall commence on the date of County's
final inspection and acceptance of the materials. The Contractor warrants that the
materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose
3
intended; they are merchantable, of good quality, and free from defects, whether patent
or latent, in material or workmanship; and the materials sold to Weld County pursuant to
this Agreement conform to the minimum specifications as established herein.
Service Calls in the First One Year Period: Contractor shall bear all costs for mileage,
travel time, service trucks, and any other costs accrued in the servicing (including repairs)
of any of the materials purchased by County pursuant to this Agreement for as many
service calls as are necessary for the first one (1) year period after said materials are first
supplied to Weld County.
10. Acceptance of Services Not a Waiver. In no event shall any action by County
hereunder constitute or be construed to be a waiver by County of any breach of this
Agreement or default which may then exist on the part of Contractor, 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:
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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,
trustees, 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."
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.
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
the County, its elected officials, trustees, employees, agents, and volunteers as
"Additional Insureds" for work that is being performed by 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)
5
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.
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,
6
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.
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, employee's 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 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. County may designate its project representative ("County
Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract
interpretations, change orders, and other clarification or instruction shall be directed to
County Representative as identified below. All notices or other communications (including
annual maintenance made by one party to the other concerning the terms and conditions
of this contract shall be deemed delivered under the following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required and received by the sending party; or
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Either party may change its notice address(es) by written notice to the other. Notice may
be sent to:
TO CONTRACTOR:
Name: Chris Howson
Position: Chief Financial Officer
Address: 910 54th Avenue, Suite 230 Greeley, Co
E-mail: Esibids@envirotechservices.com
Phone: 970-346-3900
TO COUNTY:
Name: Luis Morales
Position: Dust Management Supervisor
Address: 1111 H Street Greeley, Co
E-mail: Imoralesaweld.gov
Phone: 970-400-3768
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 agree that to their knowledge, no
employee of Weld County has any personal or beneficial interest whatsoever in the
service or property which is the subject matter of this Agreement.
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
9
(including, without limitation, the warranties, indemnification obligations, confidentiality
and record keeping requirements) shall survive any such expiration or termination.
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 any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-
101 et seq., as applicable now or hereafter amended.
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.
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Docusign Envelope ID: D258715E-643A-4B07-931A-2AB683B2FEA2
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: EnviroTech Services, LLC
Signed by:
By: Ovi s NWSOIA,
Name cgit D FRAci s o n
Title: chief Financial Officer
WELD COUNTY:
ATTEST:'...a;-.4k1
Weld County Clerk to the Board
BY:
eputy Clerk to the Bo
Date of Signature: Ma' �, zozs
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
ck, Chair
MAY 1 4 2025
20z5 -1321
Exhibit A
Docusign Envelope ID: 5A1619CE-EA49-4CA1-A306-F7D0765EB10E
BID SCHEDULE 2025
ITEM#
ITEM
LOCATION
QUANTITY
UNIT
PRICE PER UNIT
CONTRACT PRICE
209.8
RoadSaver
DuraBlend
Pick -Up
4`11GALLON
GALLON
$1.10
$330,000.00
300,000/Gal
209.8
BaseBind
- M
Pick -Up
• Up To
130,000/Gal
GALLON
$1.15
$149,500.00
BID SUMMARY
I certify that the above quotation is exclusive of any federal excise taxes and all other state and
local taxes.
I further certify that the items offered for intended use by Weld County will meet all
specifications.
FIRM NAME: Enton0�� 5a-viees,
BUSINESS ADDRESS: 9/D 5464 Ammo, S de. Igo
CITY, STATE, ZIP CODE: &re.ek/ e0 6069V
TELEPHONE NO: 9f'1Q �l - "IOC)EMAIL .eldh3. 19-4aftl t��wiats. �7!?
TAXPAYFR Init � - //QM... °
BYCagnea uY:
UAAS AMA,
CE7897EE87.041 ...
TITLE Chief Financial officer
DATE: fW24/20ZS
"'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.
ACCD CP
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDD/YYYY)
Q4/24/2D25
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(les) 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
Flood and Peterson
PO Box 578
Greeley CO 80632
cAME:over - Dana Stewart, CIC, CISR
N
V.S.HONryEoEast: (970) 266.7149 1 MN. (970) 506.6845
Mitt ss: DStewart@floodpeterson.com
INSURER. AFFORDING COVERAGE
NAIC Is
INSURER A: Navigators Insurance Company
42307
INSURED
EnviroTech Services, LLC
Hallet Dock No. 8, LLC
910 54th Avenue, Suite 230
Greeley CO 80834
INSURER B : Berkshire Hathaway Homestate Insurance Company
20044
INSURER C :
INSURER D:
INSURER E :
INSURER F :
CERTIFICATE NUMBER. GUAUNVC/XS1x4/2028
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH 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.
IN5R TYPE OF INSURANCE
LTR
AWL 5UtlH
INSD WVD
POLICY NUMBER
AWAY)
tMM/ODJYYYY)
POLICY EXP
(MMIDD/XP)
LIMITS
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE N OCCUR
CH25NP3709281IC
04/15/2025
04/15/2026
EACH OCCURRENCE
$ 2'000'000
PREMSES (Eaocwnence)
$ 500,000
MED EXP limy one person)
$ 25,000
PERSONAL a ADv INJURY
$ 2,000,000
A
GENERALAGGREGATE
$ 4,000,000
GEtit AGGREGATE LIMIT APPUES PER:
^, ...icy Q jEa El we
OTHER:
PRODUCTS- COMP/OP AGG
$ 4,000,000
$
AUTOMOBILE
_
X
A
LIABILITY
ANY AUTO
OWNEDULED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHED
AUTOS
NON -OWNED
X AUTOS ONLY
CH118AP01735614
04/15/2025
04/15/2026
COMBINED SINGLE LIMIT
(Ea acddent)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY IPer accident,
S
PROPERTY bAMAGE
(Pxauiderd)
$
A x
UMBRELLA LIAR X OCCUR
EXCESS LIAR - CLAIMS -MADE
CH25NP37092811C
04/15/2025
04/15/2026
EACH OCCURRENCE
S 10.000,0010
AGGREGATE
s 10,000,000
$
OED I I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
B ANYPROPRIETORlPARTNEDREgECUTIVE Q
in N ) EXCLUDED?
(Mandatory in NH)
(Mandatory
If yea, descdbe under
DESCRIPTION OF OPERATIONS below
N/A
ENWC623791
02/01/2025
02/01/2026
XI SYATUTE I )
Stop Gap Liab Inc!
E.L. EACH ACCIDENT
$ 1,000,000
EL DISEASE - EA EMPLOYEE
$ 1,000,000
E -L. DISEASE - POLICY LIMIT
$ 1'000,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is moulted)
This certificate is issued as a matter of INFORMATION ONLY and coverages reflected are as of the date of issuance.
C
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
Greeley
Greeley
i
CO 80632
ACORD 25 (2016/03)
® 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Contract Fore
Entity Information
Entity Name*
ENVIROTECH SERVICES LLC
Entity ID*
@00001622
Contract Name*
SOLE SOURCE BASEBIND AND DURABLED
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
9289
Contract Lead*
LMORALES
Contract Lead Email
Imorales@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ENVIROTECH SERVICES TO SUPPLY FOR PICK UP OF UP TO 300,000 GALLON OF ROADSAVER (DURABLEND) AND
UP TO 130,000 GALLON OF BASEBIND-M PRODUCTS TO WELD COUNTY FOR USE ON GRAVELS ROADS FOR DUST
SUPPRESSANT AND ROAD STABILIZATION.
Contract Description 2
Contract Type*
CONTRACT
Amount*
$479,500.00
Renewable
YES
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
PUBLIC WORKS Date* 04/10/2025
04/14/2025
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
BYRON HOWELL
County Attorney Email
BHOWELL@WELD.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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
Contact Info
Review Date*
01/15/2026
Renewal Date*
05/01/2026
Committed Delivery Date Expiration Date
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
05/07/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/14/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
05/07/2025 05/07/2025
Tyler Ref #
AG 051425
Originator
LMORALES
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