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Docusign Envelope ID: E8509928-6AAE-4FFB-B03B-F29O92431 F78
SUPPLY AGREEMENT FOR DUST PALLIATIVE SUPPLY BETWEEN WELD
COUNTY AND ENVIROTECH SERVICES
THIS AGREEMENT is made and entered into this rwitiqlay of February 2025,
by and between the Board of Weld County Commissioners, on behalf of Department
of Public Works, hereinafter referred to as "County," and Envirotech Services,
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 consists of County's Request for Bid (RFB) as set forth in Bid Package
No. 132500003.
Exhibit B consists of Contractor's Response to 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. 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.
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Docusrgn Envelope ID: E8509928-6AAE-4FFB-8038-F29O92431 F78
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 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. 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 (CR.S. 29-1-101 et. seq.) and the TABOR
Docusign Envelope ID: E850992B-DAAE-4FFB-B03B-F29D92431 F78
Amendment (Colorado Constitution, 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
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materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose
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.
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Docusign Envelope ID: E8509928-6AAE-4FF8-8038-F29D92431F78
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,
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.
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Docusign Envelope ID: E8509928-6AAE-4FFB-B03B-F29D92431F78
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.
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.
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Docusign Envelope ID: E850992B-6AAE-4FFB-8038-F29D92431F78
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.
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
Docusign Envelope ID: E8509928-6AAE-4FFB-B03B-F29D92431F78
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 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
Docusign Envelope ID: E8509928-6AAE-4FFB-8030-F29D92431F78
Either party may change its notice address(es) by written notice to the other. Notice may
be sent to:
TO CONTRACTOR:
Name: Jason Sanchez
Position: CEO
Address: 910 54th Ave Suite 230 Greeley. Co 80634
E-mail: jsanchez@ienvirotechsevices.com
Phone: (970) 346-3947
TO COUNTY:
Name: Luis Morales
Position: Supervisor Dust Mcmt.. Division of Public Works
Address: 11 l 1 H Street Greeley, CO 80632
E-mail: Lmorales@weld.gov
Phone: (9701 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
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(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 Govemmental 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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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-
54;ned by:
By: �a°''so,^- S
y 09E14o439.
Name: meson Sanchez
Title: Cheif Executive officer
WELD COUNTY:
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Weld County Clerk to the Board
BY:
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Deputy Clerk to the Boar
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egki:
Date of Signature:01/28/2025
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
11
Perry L.:uck, Chair
FEB 0 2825
Exhibit A
Weld County Finance Departr►►ent
Purchasing Division
1301 North 17Th Avenue
Greeley, Colorado 80601
Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet
Bid Number: B2500003
Title: 2025 Dust Palliative Supply
Issue Date: December 18, 2024
Pre -Bid Meeting: n/a
Pre -Bid Location: n/a
Questions Due: December 31, 2024, by 5:00pm
Questions email: bidsAweld.gov
Bid Due Date: January 6, 2025, by 10:00am, Purchasing's Clock
Bid Delivery: Preferred email to bidsweld.qov or hand delivery to 1301 North
17'h Avenue, Greeley. CO 80631
For additional information: bids(a�weld.gov
Documents Included in this Bid Package
IFB Schedules
Schedule A: Bid Instructions
Schedule B: Scope of Work
Schedule C: Project Schedule
Schedule D: Bid Form
Schedule E: Insurance & Bonds
Schedule F: Weld County Contract
Table of Contents
Supply (Recurring) a Invitation for Bid (IFB) Cover Sheet..... 1
Documents Included in this Bid Package . 1
IFB Schedules 1
Schedule A a Bid Instructions ... 3
Purpose/Background ..3
Bid Advertisement .......3
Bid Submission 3
Introductory Information ..3
Cooperative Purchasing 4
Schedule B - Scope of Work .5
Project Overview - 5
Method of Procurement _ 5
Pricing Method 5
Project Scope..... 5
Schedule C - Project Schedule 8
Schedule 8
Schedule D - Bid Form 9
Bid Submittal Instructions 9
Fees ......9
Attestation .10
Schedule E — Insurance ..11
Insurance 11
Insurance Mailing Information 12
Schedule F - Weld County Contract .13
Contractual Obligations 13
Weld County Standard Contract 13
B2500003
2
Schedule A - Bid Instructions
Purpose/Background
The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing
Office (collectively referred to herein as, "Weld County), wishes to purchase the following:
Dust Palliative Supply 2025
The project, in general consists of delivering of up to 117061000 gallons Liquid Dust Palliative to
bulk tanks at our Greeley and Kersey facilities and providing (1) 201000 -gallon storage tank at
New Raymer for use in providing dust mitigation on gravel roads within Weld County,
Bids will be received until: January 6, 2025 at 10:00am (Weld County Purchasing_Time Clock .
The submitted bids will be read over a Microsoft Teams Conference Call on January 612025
at 10:30am To join, call the phone number and enter the Conference ID provided below or
you are invited to attend the bid opening In person at the Weld County Purchasing
Conference Room, 1301 N. 17t Avenue, Greeley, CO 80631.
Phone number: 720439-5261 Phone Conference ID: 8455700440
Bid Advertisement
You can find information concerning this request on the BidNet Direct website at
https;//www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet
Direct is an on-line notification system which is being utilized by multiple non-profit and
governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Submission
1. PREFERRED: email bids to bidsjweld.gov If your bid exceeds 25MB please upload your
bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500
MB. If vendor does not desire email submission, sealed bids will be received at the Office of
the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue,
Greeley, CO 80631 by the bid due date and time.
2. PDF format is required. Emailed bids must include the following statement on the email: "I
hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has
been received. Please call Purchasing at 970-4004222 or 4223 with any questions.
Introductory Information
1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing
Division. Each bid must give the full business address of bidder and be signed by him with
his usual signature. Bids by partnerships must furnish the full names of all partners and must
be signed with the partnership name by one of the members of the partnership or by an
authorized representative, followed by the signature and title of the person signing. Bids by
corporations must be signed with the legal name of the corporation, followed by the name of
the state of the incorporation and by the signature and title of the president, secretary, or
3
other person authorized to bind it in the matter. The name of each person signing shall also
be typed or printed below the signature. A bid by a person who affixes to his signature the
word "president," "secretary." "agent," or other title without disclosing his principal, may be
held to be the bid of the individual signing. When requested by the Weld County Procurement
Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation
shall be furnished. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the
person signing the bid. All bidders shall agree to comply with all of the conditions,
requirements, specifications, and/or instructions of this bid as stated or implied herein. All
designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms
shall be suitably filled in. Bidders are required to use the Proposal Forms which are included
in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled
out completely, in detail, and signed by the Bidder.
2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the
bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to
the time indicated in Section 1, entitled, "Notice to Bidders? Hard copy bids received prior
to the time of opening will be kept unopened in a secure place. No responsibility will attach
to the Weld County Procurement Manager for the premature opening of a bid not properly
addressed and identified. Bids may be withdrawn upon written request to and approval of
the Weld County Procurement Manager; said request being received from the withdrawing
bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the
bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are
expected to examine the conditions, specifications, and all instructions contained herein,
failure to do so will be at the bidders' risk.
3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will
give preference to resident Weld County bidders in all cases where said bids are competitive
in price and quality. It is also understood that Weld County will give preference to suppliers
from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids
for the purchase of any books, stationery, records, printing, lithographing or other supplies
for any officer of Weld County). Weld County reserves the right to reject any and all bids, to
waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld
County. The bid(s) may be awarded to more than one vendor.
4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents
of the Invitation for Bid contained herein (including, but not limited to the product
specifications and scope of services), the formal acceptance of the bid by Weld County, and
signature of the Chair of the Board of County Commissioners, together constitutes a contract,
with the contract date being the date of signature by the Chair of the Board of County
Commissioners.
Cooperative Purchasing
Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce
their cost of bidding and to make better use of taxpayer dollars through volume purchasing.
Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award
to other state or local government agencies, school districts, or political subdivisions in the event
they would have a need for the same product/service. Usage by any entity shall not have a
negative impact on Weld County In the current term or in any future terms.
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4
Schedule B - Scope of Work
Project Overview
Weld County is seeking bids for a vendor to provide Dust Palliative Supply 2025
Method of Procurement
Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation.
When issued, the bid package is considered complete for bidding purposes. Responsiveness to
the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be
eliminated from consideration. Low price is the key consideration by Weld County in awarding
an IFB the contract.
Pricing Method
Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work,
or category of cost.
Project Scope
The scope of this project is for Dust Palliative Supply 2025 Purpose: Weld County is soliciting
bids for the delivery of liquid dust palliatives, into bulk storage tanks for the counties Dust
Mitigation Program, treating gravel roads throughout weld County.
GENERAL CONDITIONS AND SCOPE:,
1. Weld County will not supply any material for this project.
2. The liquid dust palliatives, commonly referred to as a 70/30 blend (70% mag
chloride,30%lignin sulfate or equivalent of complex sugars which have a dark natural color,
lignin sulfate is preferred), or equal and/or equivalent to the 70/30 blend. All Chemicals bid
other than the 70/30 blend wilt need to have been reliably demonstrated and show to meet
Weld County requirements.
3. Vendor will deliver to the bulk 60,000 gallon storage tanks located at 1111 H street in
Greeley and 23536 CR 54 kersey, Colorado and the vendor shall provide one additional
20,000 gallon portable storage tanks to be located at the Weld County New Raymer
Satellite Facility located at 500 CR 129 New Raymer Colorado and Include pricing with the
product being picked up at the vender production facility depending on the plant location to
be efficiently and economical benefit to be picked up by Weld County .
4. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per
minute (GPM) from a truck Into the storage tank and from the storage tank to a truck.
5. The storage tank shall be delivered and made ready for use by the contractor within 20
days of the notice to proceed. The contractor shall be responsible for the removal of the
tank at the end of the contract.
6. The county will provide an accessible and reasonable level area for the setting of the tank.
7. Contractor will follow all rules and regulation stipulated for any permIt(s) pertaining to the
vender's site.
B2500003 5
8 Vendor shall provide one 20,000 Gallon Bulk Storage Tank with Pump at the New Raymer
site. In Schedule D — provide the pnce for full setup that also includes the annual rental
rate.
9 Project time will be from February 2025 through January 2026.
10 Weld County will select the bidder based on the lowest coast to the county
11 The successful bidder shall provide a Supply Bond to the County as arranged by the
parties.
12 The successful bidder(s) shall provide a certificate of insurance to the County as arranged
by the parties
13. Certified liquid meters are required
14 Payment shall be made according to the bid prices per gallon times the gallons of material
supplied as determined by the metered gallons delivered Tickets must be a pnnted
metered gallon ticket, or a printed scale generated ticket by weight having the gross weight,
tare weight and net (Tons) listed The tickets must also List Ticket Number, Date, Time,
Truck Number, Driver (optional), Delivery Location and Product Deliveries will be
accompanied by Uniform Straight Bill of Lading (No handwritten tickets will be excepted)
and will be left with a Weld County employee or in a provided receptacle. All tickets must
be legibly
15 Rental payment for storage tanks will be submitted per month and quote for monthly
storage tank rental shall be included with the bid
16 Weld County Public Works personnel normally work, Monday through Friday
Occasionally, due to circumstance beyond our control, work may extend to Saturday and/or
Sunday. The successful bidder is required to accommodate these situations as necessary
for the unit price shown in the bid
17. The contractor shall make delivenes on an "as needed" basis to keep an adequate supply
of dust palliative in the storage tanks. County personal will help monitor dust palliative
storage tank levels and advise the contractor via either phone or email the approximate
quantity needed to complete the daily work schedule
18. Weld County reserves the right to terminate this contract at any time if, in the opinion of the
Public Works. Director, the successful contractor(s) are not performing according to
provisions outlined in this contract or according to Colorado Department of Transportation
Standard Specifications for Road and Bndge Construction
19 Weld county reserves the right to utilize county personnel and equipment to load materials
at the contractor's facility at any time if, in opinion of the Public Works Director, the
successful contractor(s) are not diligently attempting to load materials to efficiently supply
county operations
82500003 _ 6
20 This one-year contract is renewable for up to (2) additional y+Baare Material cost
adjustments will be considered at the end of each calendar year that this contract represents Any
price adjustments must be verified by justification of base bid cost increase of materials, labor or
other associated items included in the original cost of the material supply Cost increase must be
consistent with regional trends Weld County will use the ENR Cost Index The base price per
gallon may increase from one year to the next by no more than the Increase percentage reflected
in the Engineering News Record for the cost index out of Denver as a measure of reasonableness
for justified increase Price adjustments will not be implemented without final approval from Weld
County Weld County reserves the right to cancel this contract and re -bid the dust palliative
supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or
consistent with regional trends
The specification for material supply shall be in accordance with the Colorado Department of
Transportation, Standard Specification for Road, and Bridge Construction 2021, unless otherwise
stipulated in this document References to the division shall mean Weld County and all
documentation required will be handled through the Weld County Public Works Department
Pnce for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver
and load material into bulk tanks
Prices for the bulk tanks shall include delivery and made ready for use within 20 days of notice to
proceed by the vender along with a pumping system to load the matenal into and out of the tanks
at 250 gallons per minute The vender shall be responsible for the removal of the tanks at the end
of the contract Weld County will supply a suitable site for the tanks and be responsible for the
maintenance and upkeep of the pumps to insure proper operating status if vender equips any of
the storage tanks with remote tank monitoring system, it will be provided by and maintained by the
vender
02500003
7
Schedule C - Project Schedule
Schedule
Below is the anticipated solicitation schedule for this project:
Date of this Bid
Advertisement Date
Pre -bid conference
Bid Questions Due
Bids Are Due
Bid Award Notice
Contract Execution
Delivery of Goods
B2500003
December 18, 2024
December 18, 2024
n/a
December 31, 2024 by 5:00pm
January 6, 2025
January 22, 2025
February 5, 2025
February 19, 2025
Schedule D - Bid Form
Bid Submittal Instructions
The following items must be completed ard submitted with your bid on or before the bid
opening deadline of 1_0:00am on January 6, 2025:
1) Schedule B- Scope of Work
2) Schedule D - Bid Form
3) W9, if applicable.*
4) Any potential or future Addenda must be completed/acknowledged.
5) All other items as requested in the Bid Specifications and/or Scope of Work.
*A current W9 is required for new bidders. If you have previously worked with Weld County, only
provide your W9 if there has been a change.
Failure to include any of the above items upon submittal of your bid may result in your bid being
incomplete, non -responsive, and your bid being rejected. If there are any exclusions or
contingencies submitted with your bid it may be disqualified.
Fees
Provide fees for this project in the space below by providing the price per each unit. Then multiply
by the estimated quantity to determine total of each line item. Then provide any ann
Item
Location
Unit
1Prtce
per
Estimated
Unit
Quantity
Price
Liquid
Palliative
(70/30)
Dust
MAG
Greeley
Gallon
J
1$ 0,9q
�_
800,000/GAL
$152, a)
X70/30)
Liquid
Palliative
Dust
MAG
Kersey
Gallon
_
# n,
fit/
275,000/GAL
A 7≤SJ 500
_
to , g'y
205,535/GAL
$N5/ 202.901
Liquid
Palliative
70/30)
Dust
MAG
Raymer
New
Gallon
il 0 88
425,00/GAL
557e4 °X)
Liquid
Palliative
Dust
_
MAG
Pickup
—
Gallon
_(70/30)
20,000 Gallon
Bulk
New
One
Include
Setup
Storage
Tank
with
,,,,,,�
& Annual
Pump
Raymer
Tank
Rental
Rate
,lh td
�
Grand Total
i 1, 51'7, >O2, 90
The undersigned, by his or her signature, hereby acknowledges and represents that:
B2500003
t
9
lienaSIMINIMMIS _
1. The bid proposed herein meets all the conditions, specifications and special provisions
set forth in the Invitation for Bid for Request No. #B2500003.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other
state and local taxes.
3. He or she Is authorized to bind the below -named bidder for the amount shown on the
accompanying bid sheets.
4. Acknowledgement of Schedule E — Insurance and Bond
5. Acknowledgment of Schedule F — Weld County Contract
6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms
and conditions of the solicitation as established by Weld County.
7. Weld County reserves the right to reject any and all bids, to waive any informality in the
bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is
to the best interests of Weld County. The bid(s) may be awarded to more than one vendor.
Attestation
Item
Entry
Rta1Cpl
am
_Company
Name:
iosyrH
at,�,,���
Address:
Phone
W(Qrit91OO - - -
Email:
_mil)-
esedzids_eenreirotel‘ermxeyl_recni_
Ews /low
FEIN/Federal
Tax ID
#:
CONTRACTOR:
By:
Name. An f&nk
Title: Cavi�iny
B2500003
tzlzat
Date of Signature
10
Schedule E - Insurance
Insurance
1. The Contractor shall furnish a certificate of insurance for commercial general liability,
comprehensive automobile liability, workers' compensation, and professional liability upon
notification of award and prior to performance. Work shall not commence under this
Agreement/Contract until the Contractor has submitted to the County, and received
approval thereof, the certificate of Insurance showing compliance with the following types
and coverage of insurance.
a. Commercial General Liability Insurance; to include products liability, completed
operations, contractual, broad form property damage, and personal injury.
Each Occurrence
General Aggregate
$1,000,000
$2,000,000
b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned,
hired, leased, or borrowed.
Bodily Injury/Property Damage $1,000,000 (each accident) Personal
Injury Protection Per Colorado Statutes
c. Workers' Compensation Insurance: Per Colorado Statutes
d. Professional Liability Insurance: to include coverage for damages or claims for
damages arising out of the rendering, or failure to render, any professional services.
Each Occurrence $1,000,000
*This insurance requirement applies only to Contractors who are performing services under
this Agreement as professionals licensed under the laws of the State of Colorado, such as
physicians, lawyers, engineers, nurses, mental health providers, and any other licensed
professionals.
2. The Contractor's commercial general liability, comprehensive automobile liability, workers'
compensation, and professional liability insurance policies and/or certificates of insurance
shall be issued to include Weld County Government as an "additional insured" and shall
include the following provisions:
a. Underwriters shall have no right of recovery or subrogation against the County, it being
the intent of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses resulting from the actions or negligence
of the Contractor.
b. The insurance companies issuing the policy or policies shall have no response against
the County for payment of any premiums due or for any assessments under any form of
any policy.
82500003
11
c. Any and all deductibles contained in any insurance policy shall be assumed by and at
the sole risk of the Contractor.
3. If any of the said policies shall be or at any time become unsatisfactory to the County as to
form or substance, or if a company issuing any such policy shall be or at any time becomes
unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the
same to the Purchasing Division of Weld County for approval, and thereafter submit a
certificate of insurance as herein provided.
a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as
provided herein, this Agreement/Contract, at the election of the County, may be
immediately declared suspended, discontinued, or terminated.
b. Failure of the Contractor to obtain and/or maintain any required insurance shall not
relieve the Contractor from any liability under the Agreement/Contract, nor shalt the
insurance requirements be construed to conflict with the obligations of the Contractor
concerning indemnification.
c. Contractor shall provide copies insurance coverage policies to the County department
maintaining contract administration duties. These include initial policy,
updated/changes to coverage, extensions, renewals, etc.
4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually
held fully responsible for completion of the project according to the terms of this Agreement.
The parties thereto also have joint and several liabilities to the County for any liquidated
damages assessed or for performance bond claims against the Joint Venture. The
performance bond and all insurance required by this Agreement shall set forth the identity
of each party to the Joint Venture.
Insurance Mailing Information
Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic
correspondence or mail using the information below:
Project Manager. [Enter Name]
Email: [Enter email]
Telephone: [Enter Phone Number]
Mall;,
Weld County (Enter Department)
ATTN: [Enter Protect Manager fame]
PO Box 758
Greeley, CO 80632
B2500003
12
Schedule F - Weld County Contract
Contractual Obligations
1. The successful Contractor will be required to sign a contract substantially similar to the
Weld County Standard Contract shown in Schedule F of this document. The County
reserves the right to add or delete provisions to the form prior to Agreement execution.
2. Issuance of this solicitation does not commit the County to award any agreement or to
procure.
3. If a formal contract is required, the Contractor agrees and understands that a Notice of
Award does not constitute a contract or create a property interest of any nature until a
contract Is signed by the Awardee and the Board of County Commissioners and/or their
authorized designee.
4. Contractor is responsible for reviewing the Weld County Standard Contract and
understanding the terms and conditions contained therein, including, but not limited to,
insurance requirements, indemnification, illegal aliens, equal opportunity, non -
appropriation, and termination.
5. Contractor's Response to this solicitation is a willingness to enter into the Weld County
Standard Contract or Contractor shall identify and include any proposed revisions they
have for the Weld County Standard Contract. Any proposed revisions made by the
Contractor after the County Notice of Intent to Award the Solicitation may be grounds for
rescinding said Notice. The identification of willingness to enter into the standard
Agreement is for general purposes at this time but is part of the evaluation process and
must be included. There may be negotiations on a project -by -project basis that provide
further clarification.
Weld County Standard Contract
Supply Agreement Between Weld County and (Contractor)
THIS AGREEMENT is made and entered into this day of , 202_, by and
between the Board of Weld County Commissioners, on behalf of [Department], hereinafter referred
to as "County," and [Contractor], 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
B2500003 13
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 based upon order of attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No.
B
Exhibit B consists of Contractor's Response to 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. 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.
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
62500003
14
Contractor 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 authonzing 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
payments) 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 appropnation therefore by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et. seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Unless otherwise provided
in the Exhibits, Contractor shall invoice County for all matenals 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 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
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 pnor written consent,
which may be withheld in County's sole discretion.
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 matenals supplied and that the 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 penod, unless a
greater time is stated in the Exhibits, dunng 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 matenals to be supplied
pursuant to this Agreement are fit and sufficient for the purpose intended; they are
merchantable, of good quality, and free from defects, whether patentor latent, in material or
workmanship; and the matenals sold to Weld County pursuant to this Agreement conform to
the minimum specifications as established herein
B2500003
15
Service Calls in the First One Year Penod 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 matenals purchased by County pursuant to this Agreement for as many service calls
as are necessary for the first one (1) year penod after said materials are first supplied to Weld
County
10 Accepte ea 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 nghts 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
a. Types of insurance.
Workers' Compensation / 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 appropnate sole propnetor waiver form
Commercial General Liability insurance including public liability and property damage,
covering all operations required by the Work. Such policy shall include minimum limits
as follows $1,000,000 each occurrence; $1,000,000 general aggregate, $1,000,000
Personal injury $5,000, Medical payment per person
Automobile Liability Insurance Contractor shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for
property damage applicable to all vehicles operating both on County property and
elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance
of this Contract
b. Proof of Insurance. Contractor shall provide to County a certificate of insurance, a
policy, or other proof of Insurance as determined in County's sole discretion Contractor
shall provide a certificate of insurance naming Weld County, Colorado, Its elected
officials, and its employees as an additional named insured
c. Subcontractor Insurance Contractor hereby warrants that all subcontractors
providing services under this Agreement have or will have the above descnbed insurance
pnor to the commencement of the Work, or otherwise that they are covered by the
02500003 15
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.
d. 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 anse 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
a. Certification of Compliance with Insurance Requirements The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be
responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services rendered
by the Contractor and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies
12 indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against any and all injury, loss, damage, liability, suits,
actions, claims, or willful acts or omissions of any type or character arising out of the Work
done in fulfillment of the terms of this Agreement or on account of any act, claim or amount
ansing or recovered under workers' compensation law or arising out of the failure of the
Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law
or court decree The Contractor shall be fully responsible and liable for any and all injunes or
damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the
Agreement It is agreed that the Contractor will be responsible for pnmary loss investigation,
defense and judgment costs where this contract of indemnity applies In consideration of the
award of'this contract, the Contractor agrees to waive all rights of subrogation against the
County its associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers for losses arising from the work performed by
the Contractor for the County A failure to comply with this provision shall result in County's
right to immediately terminate this Agreement
13 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 nghts hereunder without such prior approval by County
shall, at the option of County, automatically terminate this Agreement and all nghts of
Contractor hereunder Such consent may be granted or denied at the sole and absolute
discretion of County
14 Examination of Records. To the extent required by law, the Contractor agrees that an duly
authorized representative of County, including the County Auditor, shall have access to and
the nght to examine and audit any books, documents, papers and records of Contractor,
B2500003
17
62500003
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.
15.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.
16. Notices. County may designate its project representative ("County Representative") who
shall make, within the scope of his or her authonty, all necessary and proper decisions with
reference to the project. All request 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
Either party may change its notice address(es) by written notice to the other. Notice may be
sent to:
Contractor:
Name: [Insert]
Position: [Insert]
Address: [Insert]
Address: [Insert]
E-mail: [Insefti
Phone: [Insert]
County:
Position: [Insert]
Address: [Insert]
Address: [Insert]
E-mail: [Inserti
Phone: [Insert]
17.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.
18. Non-Exclusly Agreement. This Agreement is nonexclusive and County may engage or
use other Contractors or persons to perform services of the same or similar nature.
18
19 Entire Agreernent/hkidifications. 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 pnor
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 wntten instrument signed by both parties ,
20.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 appropnated in each succeeding year
21 Employee Financial Interest/Conflict of Interest — C.R.S. §§24.10-201 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.
22.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,I the warranties, indemnification obligations, confidentiality and record keeping
requirements) shall survive any such expiration or termination.
23 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement Is then capable of
execution within the original intent of the parties.
I
24.Governmental Immunity. 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 Govemmental Immunity Act §§24.10-101 et
seq , as applicable now or hereafter amended.
25 No Third; Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or nght of action whatsoever by any other person
not included In this Agreement It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until It has been approved by the Board of County Commissioners of Weld
County, Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution. and enforcement of this
Agreement Any provision included or incorporated herein by reference which conflicts with
said laws, rules and/or regulations shall be null and void. In the event of a legal dispute
between ;the parties, Contractor agrees that the Weld County District Court shall have
exclusive junsdiction to resolve said dispute
B2500003
19
28. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this
Agreement. Contractor will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program. Contractor shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Contractor
shall not use E -Verify Program or State of Colorado program procedures to undertake pre-
employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the
subcontractor and County within three (3) days that Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien and shall terminate the
subcontract If a subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving notice. Contractor shall not terminate the contract if within
three days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contractor shall comply with
reasonable requests made in the course of an investigation by the Colorado Department of
Labor and Employment. Contractor shall, within twenty days after hiring a new employee to
perform work under the contract, affirm that Contractor has examined the legal work status
of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee and shall
comply with all the other requirements of federal or state law. 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.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3),
if Contractor receives federal or state funds under the contract, Contractor must confirm that
any individual natural person eighteen (18) years of age or older is lawfully present in the
United States, if such individual applies for public benefits provided under the contract, If
Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury
that it: (a) Is a citizen of the United States or is otherwise lawfully present in the United States
pursuant to federal law, (b) shall produce one of the forms of identification required by federal
or state law, and (c) shall produce one of the forms of identification required by federal law
prior to the effective date of the contract.
29. Attorneys 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.
30. 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
62500003
20
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:
Title
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
Date of Signature
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board [Insert Name], Chair
B2500003 21
Exhibit B
Rose Everett
From:
Sent
To:
Cc:
Subject:
Aft chments:
Bryanna Mitts <bmitts@envirotechservices.corn>
Friday, January 3, 2025 4:12 PM
bids
Eric Nitti; Shane Danhoff; Joel Funk; Veronica Lopez
EnviroTech Services, LLC- Bid Reponse- "I hereby waive my right to a sealed bid"
EnviroTech Services, LLC- Dust Palliative Bid 2025- Final.pdf
This Message Is From an External Sender
This email was send by someone outside Weld County Government. Do not dick links or open attachments unless you recognize
the sender and farms the content b safe.
Good afternoon,
Please see the attached 2025 Dust Palliative Supply bid from EnviroTech Services, LLC. "I hereby
waive my right to a sealed bid"
Thank you and have a wonderful weekend.
Sincerely,
Bryanna Mitts - Company Paralegal & Bid Coordinator
910 54th Avenue, Suite 210
Greeley, CO 80634
O: 970-346-3931 Ext: 131
C: 970-515-2749
E: bmitts@envirotechservices.com
Bid Email: esibids@envirotechservices.com
371wr/HOTECH/
sERwcFS
on
People Peopl:=: IIr1l)I!_pp- Their Env',
1
Suppression and Stabilization in Sync
RoadSaver is a high purity grade of magnesium chloride (MgCl2) used as a
dust control and soil stabilization agent.
Uses and Application
Road surface preparation is extremely important in all application techniques. However,
these preparations do not need to be time consuming or costly. The better the road
conditions, the more successfJI the application will be. The following four factors work
together to achieve optimum results'
Quality and composition
of aggregate
Road preparation
Compaction
Application rate
For more than 30 years, EnviroTech Services, Inc. has proven to be an industry leader in soil stabilization and road solutions.
We effectively proouce high performing products that provide our customers with improved efficiency and reduced cost.
We achieve these goals while, at the same time, reducing environmental impact and enhancing sustainability.
Call Us
Phone: 1.800.369.3 878
Pax: 1.970.346.3959
Visit Us 910 54th Avenue, Suite 230
www.EnviroTechServices.com Greeley, CO 8O634
ROADSAVER
Performance
RoadSaver 1s the least harmful of common dust suppressants to vegetation and
groundwater according to independent studies conducted by the U.S. Department
of Agriculture. It is non -irritating and safer to handle, and won't cause the burning or
stinging associated with some other dust control products. RoadSaver is free of toxic
metals and substances. It is used as an ice control agent, and as a fertilizer for crops
such as turf and small grains.
Features and Benefits
• Allows for cleaner air and reduces dust to PM10 Standard
• Improves road quality with fewer potholes and less washboarding
• Ensures public safety
• Reduces road maintenance while creating more value for the dollar
• Can be used on many soil types
Toxicity of Paw Materials
(small numbers are more toxic)
Vitamin C
Magnesium Ch$oride
taking Soda �■
Sodium CMOrlde
C,alc1'umaloride at;_
Caffeine .
Aspirin I
Sodium Cryan*
0 2000 4000 6000 8000 10000 12000
1050 I rnalk$1
tunimmINS _
EnviroTech's product is always within the guidelines set in the contract.
Jake B. Mall Cour''r'.. ;macs G Bricjcl Departrrlen
We have used everything from tree sap to calcium chloride and waste oil.
To date, magnesium chloride fRoadSaverJ is the best thing we've used. ais
William J. Hoffbeck, o' Lakeville, MN y
Contact EnviroTech Services for a
complete evaluation of your road
preparation and dust control needs.
C] S %
Contract Holder
ConinEl 41O MWA20000St
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M Rt'i`.iCQ'S 4c.tcttvt.11}•')•?X11 intflinh4(t toVxe ea•s ion). C')(I.Vt:.'.t%L:lrlf stily t .c' N i. q. •11►•.,'• .- 1.tie • .t •f•' ..s ••t./t1•^•• /.tKan V". ' .'tr e% 1.1► •%J f•..1 •tt.l' •,• a' efrtler. 1641,14r 11;*•.•Iwo
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i.r4 ..tnti'd'et•?0 an, to in:en:i3`t the lu(tslfl'ty, deny enattfla't ti' iii• Ortt`Ou;t 3ti•KtSd rpf sni ylttr131►0 PY•P $S, end thin t.a!«i)rand efficacy (# thou vr►e prothecb Isiu pr.t't'7 +et, t N• tr'r.4iscu to'
any .0 vtatini hetifinp tat %fh hprtdn thrall C•.Icwl.ttuwt 41 L rnrunt luendatitl'1 ID ate +ate, (31 pionst rider wbitn #n wry tgtrlc!1t ttltllkeat•ar► tV IA e•rlhic• •dvnfl w1y'«tintim) arion#The• r..•tpt►•, ••t% tv
retiePeet thO First to witsui•taw t' p•1rduCt *faits COMMIS rtai anti ti) mut it •y ./ '•QC% tts en, I 1011101 t*-lrnlrsctsl or Orioles:neMe! patios° list teptna / L13LCL%Mh r beim*f 4t rir t : o'l.attgl .'tl
*OW ell t%b$1t'Crnit s.NingtiMenlyr►ct.rttif;e•gs:'t any .•t1►it11$teh'tIA2'WtiltU%t%!tspy k"at tlttdf•K'$I*.th nines out c6t4R,MNovtedr•yCSIp'Gdn111Wittfestwtcot
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•6•fvlpprrclt .,u.1 (IQ ArniA'Al fir .blot, vUiurr t'M•i• U..•'r%far IIsift • If, ••.11 trlrti4M.Irb% tat Li..;,,irsr,1, Self v%n t. *t':, IIr 1L%.•.Ut Utf'••r• or a!i•INeale. at any 1i rt1.f4, bat nut ate roam. II"
Call tk
vhcint•; 1,8OO.369.3878
l:ax: !.9'10.346,.3959
rtriai( us 910 .54th Avenue, Suite 230
lrtloM)ErlvirnTech orvice.s.corn C;reOeyi CO 80634
RoadSaver W
t•ptr' nelp•ng people im►provr• the" �r�vironmF:n'.
A1S
£4V/ROTECH
PRODUCT SPECIFICATIONS
CHEMICAL PROPERTIES
a_
w._C
Magnesium
Chloride
I 21.5
20.0 — 23.0
i
Is
Complex
Sugar Proprietary
Proprietary
TYPICAL ANALYSIS
Testing per Clear Roads Methods (ppm)
Constituent
j
Detected
Level
Constituent
Detected Level
Mani
1 .511.. -- - „.._ - a i _ _ I
- !
< 3x0040
Cadmium
-
<
0.2
Chromium
< 1.0
CaPPer
< toL
-_
<0.05
Selenium 1
< 5.0
Mercury
._
Zinc < Igo
;
< 25001,4
i Cyanide
I
<0.2
PHYSICAL PROPERTIES
• Brown
• 10.00 -10.08 Ibs/gallon
• 4- 9 pH as shipped
• Specific Gravity, 1.198 -1.2O8
Phone: 1-800-369-3878 Email: into@gnvi,uTechServices cone
Far 1-970-346-3959
910 54" Avenue, Suite 230
Website: EnviroTechServices.corn Greeley, CO 80634
SERf/10E$ /NC
1. PRODUCT AND COMPANY IDENTIFICATION
Product Identity: RoadSaver W
Recommended use of the chemical and restrictions on use: Dust Control
Manufacturer:
Telephone:
Envirotech Services, Inc
910 54`^ Ave, Surte 230
Greeley, CO 80634
(970) 346-3900
Emergency Phone CHEMTREC. (800) 424-9300
SDS Date of Preparation: 01/26/2022
[2. HAZARDS IDENTIFICATION
GHS Classification:
Plslcal
Not Hazardous
GHS Label Elements:
None Required
Health r Environment
Not Hazardous I Not Hazardous
3. COMPOSRION/INFORMATION ON INGREDIENTS
Component
Water
CAS No.
Amount
7732-18-S
Balance
Complex Sugar
Magnesium Chloride
Proprietary
7791-18-6
Proprietary
20.23%
°'rhe exact percentages of the Ingredients in this mixture are considered to be proprietary and are withheld
In accordance with the provisions of paragraph (I) of § 1910.1200 of 29 CFR 1910.1200 Trade Secrets
4. FIRST AID MEASURES
Eye: Flush victim's eyes with large quantities of water, while holding the eyelids apart Get medical attention if
irritation occurs and persists
Skin: Wash skin thoroughly with soap and water. Get medical attention if irritation develops, Remove and
launder clothing before reuse,
Ingestion: Do not induce vomiting. Rinse mouth with water and give one glass of water to drink Never give
anything by mouth an unconscious or convulsing person Get medical attention if symptoms develop
Inhalation: Remove victim to fresh air. If breathing is difficult or irritation persists, get medical attention
Most Important Symptoms: May cause slight eye and skin irritation
Indication of immediate medical attention/special treatment: Immediate medical attention is not required
Page 1 of 5
Roadsaver W
01/26/2022
is FIRE FIGHTING MEASURES
Suitable (and Unsuitable' Extinguishing Media: Use media appropriate for surrounding fire Cool fire exposed
containers and structures with water
Specific hazards arising from the chemical: Thermal decomposition may yield oxides of carbon and other
harmful or irritating chemicals
Special Protective Equipment and Precautions for Fire -Fighting Instructions. Firefighters should wear positive
pressure self-contained breathing apparatus and full protective clothing Aqueous solutions may cause
surfaces to be extremely slippery and cause a slip hazard
[6. ACCIDENTAL RELEASE MEASURES
Personal Precautions, Protective Equipment, and Emergency Procedures: Wear appropriate protective
clothing as described in Section 8 Wash thoroughly after handling
Methods and IYlaterials for Containment and Cleaning Up Dike and collect liquid or absorb with an inert
absorbent and place in appropriate containers for disposal Flush spill area with water Report releases as
required by local, state, and federal authorities
7. HANDLING ARID STORAGE
Precautions for Safe Handling. Avoid contact with the eyes, skin, and clothing Avoid breathing mists or
aerosols Wear protective clothing and equipment as described in Section 8 Wash thoroughly with soap and
water after handling Keep containers closed when not in use
Conditions for Safe Storage, Including Any Incompatibilities. Store in a cool, dry, well -ventilated area away
from Incompatible materials Product maybe corrosive to some metals
18. EXPOSURE CONTROLS/PERSONAL PROTECTION
Exposure Guidelines.
.Magnesium Chloride
Complex Sugar
None Established
None Established
Engineering Controls. Use with adequate general ventilation to minimize exposures
Respiratory Protection: in operations where exposure levels are excessive, a NIOSH approved respirator with
dust/mist cartridges or supplied air respirator appropriate for the form and concentration of the contaminants
should be used Selection and use of respiratory equipment must be in accordance with OSHA 1910 134 and
good industrial hygiene practice
Skin Protection: Wear impervious gloves such as rubber or neoprene if needed to avoid prolonged skin
contact
Eye Protection: Safety glasses recommended
Other: Long-sleeved clothing and long pants recommended to avoid prolonged skin contact Suitable washing
facilities should be available In the work area ,
Page 2of5
Roadsaver W
01/26/2O22
9. PHYSICAL ARID CHEMICAL PROPERTIES
Appearance And Odor: Brown liquid with sweet odor
Physical State: Liquid
Odor Threshold: Not established
Vapor Density Not determined
Initial Bolling Point/Range 100°C (212°F)
Solubility in Water: Soluble
Vapor Pressure. Not determined
Relative Density 1203
Evaporation Rate Not determined
NVelting/Freeting Point. -28 9°C i-20 0°F)
pH: 4-9
VOC Content. Not determined
Octanol/Woter Coefficient. Not determined
Solubility Complete
Decomposition Temperature. Not determined
Viscosity <300 cP @ 20°C
Flammability (solid, gas)• Not applicable
Flashpoint Not determined
Autoignition Temperature: Not determined
Flammable limits: LEL: Not determined
UEL. Not determined
Lno. STAB0LITV AND REACTIVITY
Reactivity. Not normally reactive
Chemical Stability. Stable under normal storage and handling conditions
Possibility of Hazardous Reactions None known
Conditions to Avoid: None known
Incompatible Materials. Strong oxidizing agents, concentrated acids, and some metals
Hazardous Decomposition Products When heated to decomposition emits oxides of carbon and other
harmful or irritating chemicals
111 TOXICOLOGICAL INFORMATION
HEALTH HAZARDS.
Ingestion Ingestion may cause slight irritation with nausea, vomiting, and diarrhea
Inhalation. Inhalation of mists may cause slight irritation of the nose, throat, and upper respiratory tract
Eye: May cause mild to moderate irritation with pain and tearing
Skin: May cause slight irritation on prolonged or repeated contact
Sensitization: This material is not known to cause sensitization.
Chronic: None'known.
Carcinogenicity None of the components is listed as a carcinogen or suspected carcinogen by IARC, NTP, or
OSHA
Gerrit Cell Mutagenicity. None currently known
Reproductive Toolcity. None currently known
Numerical Measures of Tonicity
No toxicity data available
Page 3 of 5
Roadsaver W
01/26/2022
[12. ECOLOGICAL INFORMATION
1
Ecotoxidty: No data available
Persistence and Degradabdity: Biodegradation is not applicable to inorganic substances
Bloaccumulative Potential: No data available
Mobility in Sof: No data available
Other Adverse Effects. None known
113. DISPOSAL CONSIDERATIONS
Dispose in accordance with local, state, and federal environmental regulations
[14. TRANSPORT INFORMATION
DOT Hazardous Materials Description.
Proper Shipping Name Not regulated
UN Number None
Hazard Class/Packing Group. None
Labels Required None
15. REGULATORY INFORMATION
CERCLA. This product is not subject to CERCLA release reporting Many states have more stringent release
reporting requirements. Report spills required under federal, state, and local regulations
SARA Hazard Category (311/312)• Refer to Section 2 for OSHA Hazard Classification
SARA 313: This product contains the following chemicals subject to Annual Release Reporting Requirements
under SARA Title ill, Section 313 (40 CFR 372) None
EPA TSCA Inventory: All of the ingredients in this product are listed on the EPATSCA Inventory
CANADA:
This product has been classified under the CPR and this SDS discloses information elements required by the
CPR
Canadian CEPA: All the components of this product are listed on the Canadian DSL
Canadian WHMIS Classification: Not classified as dangerous
r
Page 4 of 5
Roadsaver W
01/26/2022
116, OTHER INFORMATION
NFPA Rating Health = 0 Flammability = 0 Instability = 0
HMIS Rating: Health =1 Flammability = 0 Physical Hazard = 0
I
SOS Revision History
01/26/2022 New SDS
02/06/2024 Updated SOS
01/03/2024 Updated SDS
Disclaimer This Safety Data Sheet (SOS) Is provided in response to customer requests to address
the safe handling of the product All statements, technical information and
recommendations contained herein are the best of our knowledge, reliable and
accurate This SDS is not intended to make any representation as to how the product
will perform when used for its intended purpose by a user. in that regards the product
is sold "AS IS" and nothing in this SDS should be deemed to be a representation or
warranty of any injury, loss, or damage, of any kind or nature, which are sustained by
or arise from the use of the product Nothing in this SDS is intended to be a
representation or warranty by the manufacturer of the accuracy, safety, or usefulness
for any purpose of any technical information, materials, techniques, or practices
The information contained in this Safety Data Sheet is, to the best of our knowledge, accurate and reliable This
information should be provided to all individuals handling this product Federal, state, and local regulations should be
followed when handling this product
Page 5 of 5
Contract Form
Entity Information
Entity Name"
ENVIROTECH SERVICES LLC
Contract Name *
MAG DUST PALLIATIVE SUPPLY 2025
Contract Status
CTB REVIEW
Entity ID*
@00001622
❑ New Entity?
Contract ID
9061
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 1,706,000 GALLONS OF LIQUID DUST PALLIATIVE
(MAG) TO BULK TANKS AT OUR GREELEY AND KERSEY FACILITIES AND PROVIDING (1) 20,000 GALLON STORAGE
TANK AT NEW RAYMER FOR USE PROVIDING DUST MITIGATION .
Contract Description 2
Contract Type"
CONTRACT
Amount*
$1,577,702.90
Renewable *
YES
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
PUBLIC WORKS Date* 01 /30/2025
02/03/2025
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA eater 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
Review Date"
12/12/2025
Renewal Date"
02/04/2026
Committed Delivery Date Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 02/03/2025
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
02/03/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02/05/2025
Finance Approver
CONSENT
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
02/03/2025 02/03/2025
Tyler Ref #
AG 020525
Originator
LMORALES
MEMORANDUM
TO: Board of Commissioners DATE: January 8, 2025
FROM: Curtis Hall, Director of Public Works
SUBJECT: Dust Palliative Supply Bid, B2500003
The Public Works Department recommends that the Board of County Commissioners award the bid for the
2025 Dust Palliative Supply Contract to the sole bidder, Envirotech Services. Envirotech Services has
successfully held the Dust Palliative Supply Contract with Public Works for the past six years and their bid is
within the budgeted amount. The estimated cost is $1,577,702.90.
Should you have any questions, please contact me at extension 3721.
M: mona/wordfi les/bids/mconcreteon 1y2024. docx
I I ZZ
2025.-0(03
EG100 83
WELD COUNTY PURCHASING
1301 N. 17. Avenue, Greeley CO 80631
E -Mail: reverett@weld.gov
E-mail: cgeisert@weld.gov
E-mail: ttaylor@weld.gov
Phone: (970) 400-4222, 4223 & 4454
DATE OF BID: JANUARY 6, 2025
REQUEST -FM -2026 DUST PALLIATIVE SUPPLY
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B2500003
PRESENT DATE: 1/8/2025
APPROVAL DATE: 1/22/2025 (ONE YEAR CONTRACT IS RENEWABLE FOR UP TO (2) ADDITIONAL YEARS)
VENDORS
LIQUID DUST
ESTIMATED PALLIATIVES GRAND TANK
LOCATION QUANTITY PRICE/GALLON PRICE TOTAL STORAGE
ENVIROTECH SERVICES Greeley 800,000/gal .094/gal $752,000.00 $1,577,702.90
910 54T" AVENUE-STE 230 Kersey 275,000/gal .094/gal $258,500.00
GREELEY CO 80634 New Raymer 205,535/gal .094/gal $193,202.90
Pickup 425,000/gal .88/gal $374,000.00
New Raymer One Tank N/B N/B
PUBLIC WORKS WILL BE REVIEWING THE BID.
N/B
2025-0103
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