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Home My WebLink About20250593.tiffConk -vac- -9 I'43 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND Swarco Reflex LLC THIS AGREEMENT is made and entered into this Li day of N(cLVCh , 2025, by and between the Board of Weld County Commissioners, on behalf of Weld County Public Works, hereinafter referred to as "County," and Swarco Reflex LLC, hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500013 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. cznserYl- 09.ex1d0, 3/3/25 CC CA,IdA2LP)) puyeka9 3/3/25 2025-0593 Ec-� 0c-3 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 (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Unless otherwise provided in the 2 Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors 9 Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose 3 intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 10 Acceptance of Services Not a Waiver In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits 4 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) 5 required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, 6 in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 14 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 15 No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 16 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 17 Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, 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 8 Either party may change its notice address(es) by written notice to the other Notice may be sent to TO CONTRACTOR Name _ Roseann Meredith Position Bid Administrator Address E-mail roseann meredith@swarco corn Phone 931-388-5900 x234 TO COUNTY Name Kevin Hettinger Position Public Works Maintenance Support Division Supervisor Address 1111 H Street PO BOX 758 Greeley, CO 80632 E-mail khettinger@weld gov Phone 970-400-3782 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 ris nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature 24. Entire Agreernent/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement This Agreement may be changed or supplemented only by a written instrument signed by both parties 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds,for that purpose being appropriated, budgeted and otherwise made available Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement 9 (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq , as applicable now or hereafter amended 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right,of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 31. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee 32 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 33. No Employment of Unauthorized Aliens Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 10 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: JQLLrout Title: GM WELD COUNTY: ATTEST: Date of Signature: 2/24/2025 ,, :ok, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: Deputy Clerk to the Boarr 11 ry L uck, Chair MAR 0 3 2025 z on -o59 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500013 Title: 2025 TRAFFIC PAINT & BEADS Advertisement Date: January 17, 2025 Questions Due: January 29, 2025, by 3:00 PM Questions Posted: January 30, 2025 by 3:00 PM Questions email: bids(cr�,weld.gov Bid Due Date: February 5, 2025 by 10:00 AM, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Schedule A: Bid Instructions None Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract Form Revision 12-2024 Table of Contents Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 P urpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 P roject Overview 5 Method of Procurement 5 P ricing Method 5 S pecific Requirements and Responsibilities 5 Schedule C - Procurement Schedule 10 Schedule D — Bid Response Form 11 Bid Submittal Instructions 11 Fees 11 Attestation 12 Schedule E — Insurance 13 Insurance 13 Insurance Mailing Information 15 Schedule F - Weld County Contract 16 Contractual Obligations 16 Weld County Standard Contract 16 B2500013 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: 2025 Traffic Paint and Bead Supply Bids will be received until: February 5, 2025 at 10:00AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 5, 2025 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. 17th Avenue, Greeley, CO 80631. Microsoft Teams By Phone Meeting ID: 298 846 041 252 Passcode: WG3u3es9 +1 720-439-5261„342195030# United States, Denver Phone conference ID. 342 195 030# 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 bidsweld.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 970-400-4222 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 authorized person. 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 other person B2500013 3 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. B2500013 4 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide Traffic Paint and Bead Supply. The Agreement shall commence March 4 and continue in force until March 3 annually. At the option of the County, the Agreement may be extended for up to two (2) additional one-year periods. Increases in the cost are permitted at each renewal term.. The base price may increase from one year to the next by no more than the Projected Increase of the Denver - Aurora -Lakewood Consumer Price Index, All Items, All Urban Consumers or its successor index located at https://www.colorado.gov/pacific/dola/inflation-denver-aurora-lakewood- consumer-price-index. 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 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. Specific Requirements and Responsibilities Color Yellow White 1st Delivery 2nd Delivery 3rd Delivery 4th Delivery 5th Delivery WATERBORNE TRAFFIC PAINT Quantities for 2025 Bid Unit 250 -gal bulk totes 250 -gal bulk totes Delivery Dates March 10 — March 13, 2025 April 7 - April 10, 2025 May 19 - May 22, 2025 June 23 - June 26, 2025 August 18 — August 22, 2025 Estimated Quantities 14,500 Gallons 29,000 Gallons Color Yellow White Yellow White Yellow White Yellow White Yellow White Quantity 3,000 Gal. 6.000 Gal. 3,000 Gal. 6.000 Gal 3,000 Gal. 6.000 Gal. 3,000 Gal. 6.000 Gal. 2,500 Gal. 5.000 Gal. B2500013 5 Special Instructions Delivery Location Contact Person Weld County Public Works Kevin Hettinger @ 970-400-3782 or 1111 H Street 970-301-0503, OR Greeley, CO 80631 Ryan Reynolds @ 970-400-3780 or 970-590-6372 Quantities of paint delivered at each delivery date will be flexible to allow for full truck loads. Contact Kevin Hettinger for acceptance. 48 hours notice required prior to delivery. Delivery times need to be between 6.30 a.m. to 2:00 p.m., Monday thru Thursday. Materials are to be delivered on carrier that will prevent freezing and can be off-loaded from the side with a forklift. Van deliveries will be accepted providing driver will dolly to rear of trailer. FAST DRYING WHITE ACRYLIC WATERBORNE TRAFFIC PAINT 1.0 SCOPE: This specification describes a 100% acrylic type, low VOC, fast drying, white, waterborne traffic paint that can be used on bituminous and Portland cement concrete pavements 2.0 GENERAL: 2 1 The paint shall be formulated and processed specifically for service as a binder for beads, in such a manner as to produce maximum adhesion, refraction, and reflection Any capillary action of the paint shall not be such as to cause complete coverage of the beads 2 2 The paint shall be well mixed in the manufacturing process and shall be properly ground when incorporated the pigments in order to conform to the requirements as specified 2 3 The paint shall not liver, thicken, curdle, gel, settle excessively, or otherwise show any objectionable properties after periods of storage of at least six months, and at any time during such periods, shall be readily remixed manually to smooth, uniform, consistency throughout 2 4 The paint shall dry on the road surface to a strongly adherent film that will not turn dark in sunlight or show appreciable discoloration with age It shall be easily and uniformly applicable with mechanical line marking equipment and shall have excellent covering properties The paint shall be suitable for binding glass beads so as to produce a highly weather and wear resistant traffic line 3.0 CLASSIFICATION: 3 1 The ready mixed 100% acrylic emulsion type paint covered in this specification shall be furnished as specified in the invitation for bids, contracts, or order 4.0 APPLICATION: 4 1 This paint must be reflectorized for night visibility by adding reflective spheres before the paint dries or sets, by using drop -on or pressurized methods The reflective spheres shall be evenly dispersed to a wet film thickness of 15❑ 1 mils (110-115 square feet per gallons) at an equivalent rate of six (6) pounds per gallon 5.0 COMPOSITION: 5 1 The composition of the paint shall comply with the following 5 1 1 The binder shall be 100% acrylic, Rohm & Haas E-2706 or approved equal, 5 1 2 Titanium Dioxyde 1 lb /gal min 5 1 3 Pigment 53-62% by weight 5 1 4 Total solids 79% max by weight 58-62% by volume 5 1 5 Total non-volatile vehicle shall be 42% min by weight 5 1 6 Lead 0 06% max B2500013 6 5 1 7 VOC 150 max 5 1 8 The pH of the paint shall be 9 3 min 5 1 9 The paint shall have a closed cup flash point of 115. F min 6.0 DETAILED REQUIREMENTS: 6 1 Weight per gallon the weight per gallon shall be no more than 14 100 3 pounds per gallon 6 2 Viscosity the viscosity shall be 85-95 Krebs Units 6 3 Grind the fineness of grind shall be 3-4 Hegman 6 4 Drying time the paint shall dry -to -no -pick-up not more than four (4) minutes longer than a control paint of known satisfactory performance run at or near the same time at 770 F and 650 relative humidity when tested according to ASTM D711 and drawn down to a wet film thickness of 12 mils 6 5 Track -Free Time When applied under the following conditions, the line shall show not visual tracking after 90 seconds when viewed from 50 feet after driving a passenger vehicle over the line at a speed of 25-35 mph Fifteen mils wet film thickness Six pounds of glass beads per gallon of paint Paint temperature at nozzle between 110-160° F Pavement temperature of 500 to 120o F, Pavement dry Relative humidity of 85% or less 6 6 Condition in the container the respective types of paint shall not show excessive settling, gelling or curdling and shall be easily redispersed with a hand paddle to a smooth, homogeneous state after storage for periods up to six months from the date of packaging The pigment shall be readily dispersed, and viscosity of the paint shall not have changed more than 5 KU from that of the freshly delivered paint 6 7 Spraying properties the paint as received shall have satisfactory spraying and hiding properties when applied by either airless or air -assisted type traffic striper to a metal plate at a wet film thickness of 15 mils 6 8 Color the paint shall be white and match Federal Test Standard 595a No 37886 It shall not discolor in sunlight and shall maintain its light fastness throughout the life of the paint (approximately two years) Color determination shall be made without beads at least 24 hours after application 6 9 The reflectance shall not be less than 88% relative to magnesium oxide when tested according to ASTM Ei347 6 10 Dry opacity the paint shall have a minimum contrast ratio of 98 when applied at a wet film thickness of 15 mils when tested according to ASTM D2244 6 11 Bleeding the paint shall show no perceptible bleeding when painted over a bituminous surface as specified in ASTM D969 6 12 Freeze -Thaw Stability the paint shall show no coagulation or change in consistence after a minimum of five (5) cycles when tested in accordance with TT -P -1952D 613 Heat Stability the paint shall show no coagulation, discoloration or change in consistency greater than ten (10) Kreb Units when tested in accordance with TT -P - 1952D 6 14 Flexibility and Adhesion apply 15 mil wet film thickness to 3" by 5" tin panel Dry at 77❑ F for 24 hours followed by two hours at 122❑ F When bent over a 2" mandrel, the paint shall adhere firmly without evidence of cracking or flaking 6 15 Scrub Resistance the paint shall pass a minimum of 1000 cycles minimum when tested in accordance with ASTM D2486 6 16 Dry -Through (early washout) a 12-15 mil wet film of the candidate paint placed immediately in a humidity chamber maintained at 72 5° F + 2 5° F and 90% + 3 relative humidity shall have a Adry-through time less than, equal to, or up to 15 minutes longer B2500013 7 than the specifier=s laboratory reference paint film when run at or close to the same time and tested in accordance with ASTM D 1640, except that the pressure exerted will be the minimum needed to maintain contract between the thumb and film 7.0 PACKAGING: 71 Returnable bulk containers bulk containers capable of holding 250 gallons of Waterborne paint 7 2 The vendor shall furnish, at no cost to Weld County, returnable containers meeting the following requirements Vendor shall arrange pick up of empty containers at no cost to Weld County. 7 3 The containers shall be new or reconditioned, pressure tested containers, and shall conform to federal DOT specification 57 from CFR 49, Par 178,251, and all other appropriate rules and regulations 7 4 All containers shall 7 4 1 Be capable of holding approximately 250 U S gallons 7 4 2 Have 46" nominal outside diameter 7 4 3 Have forklift skids at least two-way accessible on opposite sides (but on the side of the outlet valve, if two-way) with outside dimensions not to exceed 48" 7 4 4 Have at least two-way lifting lugs that provide stable and safe lifting 7 4 5 Have covers and valves that can easily be resealed after partial use of contents 7.4.6 Have a minimum 6" opening on top for viewing paint; must also have one 2 - inch threaded vent (provided by vendor). No bladder will be required. 7 4 7 Have a two-inch ball valve fitted with a two-inch male quick -disconnect and a two- inch cap at the bottom of the container 7 4 8 Have a security feature that shall protect the outlet valve from being opened by accident All openings at the outlet ends shall also be protected from damage by force from heavy objects such as hammers, rocks, etc 7.4.9 Be equipped with fittings, piping, ball, valves, etc., compatible with Waterborne Paint. 7 5 Each container shall be clearly labeled with the following 7 5 1 Specification/formula number 7 5 2 Color 7 5 3 Name of manufacturer 7 5 4 Date of manufacture of the paint, month, day and year 7 5 5 Batch number 7 5 6 Gross weight 7 5 7 Tare weight of empty container 7 5 8 Location of manufacture 7 6 Bidders will be required to submit a photo of the tote with their bid, showing that the tote meets Weld County specifications listed above. Only one vent (provided by vendor) is required on the tote. (SEE 7.4.6). 8.0 SAMPLING AND INSPECTION: 8.1 The paint manufacturer shall submit with their bid, a batch formula in weight proportions and total gallonage per batch. The formula shall be in generic terms rather than trade names. After the paint has been manufactured, a certified batch analysis shall accompany each delivery. Upon request by Weld County, vendor is to provide paint samples accompanied by a certified batch analysis. Paint samples do not need to be sent unless requested by Weld County. B2500013 8 FAST DRYING YELLOW ACRYLIC WATERBORNE TRAFFIC PAINT 1.0 SCOPE: This specification shall conform to the requirements of the fast drying white 100% acrylic waterborne traffic paint except for the following 1 1 The color shall be yellow and match Color Chip #33538 of Federal Color Standard #595A, within + or - 5% x,y coordinates for central color, FHWA Color Chart, PR -1 1 2 The daylight reflectance of 45-0 50% min 2.0 COMPOSITION: 2 1 The composition of the paint shall comply with the following 2 1 1 Contain 0 2 lb /gallon of ruble titanium dioxide, 2 1 2 Contain organic Yellow No 75 or No 65, 0 3#/gal minimum 2 1 3 Pigment 60%-62% by weight 2 1 4 Total solids 76% max by weight 2 1 5 Total non-volatile vehicle shall be 41% min by weight 2 1 6 Lead 0 06% max 2 1 7 Volatile Organic Compounds 150 max _ 2 2 The binder shall be 100% acrylic as determined by infrared spectral analysis 2 3 The pH of the paint shall be 9 3 minimum 2 4 Weight/gallon shall be no more than 13 5❑ 0 3 pounds per gallon 2 5 The paint shall have a closed cup flash point of 1150 min SPHERICAL GLASS BEADS - SPECIAL INSTRUCTIONS Material Specifications Spherical glass beads are to be Type I, Standard Gradation', non -flotation, ASSHTO Designation, M247-81. Quantity needed is 328,000 lbs. Material Specifications Spherical glass beads are to be P20+. Quantity needed is 56,000 lbs. Delivery Address Weld County Public Works 1111 H Street Greeley, CO 80631 CONTACT PERSON IS KEVIN HETTINGER at 970-400-3782 or 970-301-0503. ALTERNATE CONTACT IS RYAN REYNOLDS at 970-400-3780 or 970-590-6372. Delivery Instructions 48 Hours notice needed prior to delivery. Delivery times will be between the hours of 6:30 a.m. and 2:00 p.m., Monday thru Thursday. Quantities of beads delivered at each delivery date will be flexible to allow for full truck loads. Contact Kevin Hettinger for acceptance. Material is to be delivered on a carrier that can be off-loaded from the side with a forklift. Van deliveries will be accepted providing driver will dolly to rear of trailer. Delivery # 1 - Shall be made on or before March 13, 2025 the amount of: 72 2000 lb. totes 144,000 lbs. Type 1 beads 28 — 2000 lb. totes 56,000 lbs. P20+ beads Delivery #2 - Shall be made on or before May 22, 2025 in the amount of: 60 - 2000 lb. totes 120,000 lbs. — Type 1 beads. B2500013 9 Delivery #3 - Shall be made on or before June 26, 2025 in the amount of: 34 - 2000 lb. totes 64,000 lbs. - Type 1 Beads Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion January 17, 2025 January 29, by 3:00 PM bids@weld.gov January 30, by 3:00 PM February 5, by 10:00AM Purchasing's Clock February 24, 2025 March 3, 2025 March 3, 2026 (annually) B2500013 10 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00am on February 5, 2025: 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. 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 P rovide fees for this project below: P RICING P rovide pricing in the tables below. Then identify if your bid is either an all -or -nothing or if Weld County would be allowed to purchase individual types at the costs you provide: TRAFFIC PAINT (250 -GAL TOTE) COST PER 250 -GAL TOTAL COST UNIT PRICE TOTE 14,500 traffic gallons paint yellow $ $ $ 17,500 traffic gallons paint white $ $ $ ** PRICING MUST INCLUDE DELIVERY TO GREELEY SHOP AT 1111 H STREET, GREELEY, CO ** Amount of paint (both yellow and white) ordered may be increased by up to 30% at the option of the Weld County Public Works Department. The vendor awarded the bid will provide MSDS for each product at delivery. GLASS BEADS (2,000 LB BULK CONTAINER) TOTAL COST COST PER 2,000 LB UNIT PRICE BULK CONTAINER 220,000 bulk I beads reflective containers) lbs glass (2,000 TYPE lb $ $ $ 56,000 bulk reflective containers) lbs glass (2,000 beads P20+ lb $ $ $ ** PRICING MUST INCLUDE DELIVERY TO GREELEY SHOP AT 1111 H STREET, GREELEY, B2500013 11 CO ** Amount of glass beads ordered may be increased by up to 20% at the option of the Weld County P ublic Works Department. The vendor awarded the bid will provide MSDS for each product at delivery. P lease check the appropriate box below for your bid submission: Is your bid an all -or -nothing purchase? Is your bid a partial where items can be purchased separately at costs provided? Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500013. 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. 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. 8. 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. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: N ame: Title: Date of Signature B2500013 12 Schedule E — Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) $ $ $ Statutory 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 General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 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 B2500013 13 behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by, this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements. The County requires that all, policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County B2500013 14 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. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Kevin Hettinger Email: khettinger@weld.gov Telephone: (970)-400-3782 Mail: Weld County Public Works ATTN: Traffic Paint and Beads 2025 PO Box 758 Greeley, CO 80632 B2500013 15 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: B2500013 16 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. 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 n ecessary for the Work and agrees to diligently provide all services, labor, personnel, and materials n ecessary 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 u pon 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 n inety (90) days written notice to County. Either Party may immediately terminate this Agreement u pon 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 n o 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 B2500013 17 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 (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 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 B2500013 18 services will conform to applicable specifications Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 10. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage, in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below An. excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits B2500013 19 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 14 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) 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 B2500013 20 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 r 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 15 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project -Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that -on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect 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 B2500013 21 minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 16. Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such 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 B2500013 22_ 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 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: N ame: Position: Address: E-mail: Phone: TO COUNTY: N ame: Position: Address: E-mail: P hone: 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. B2500013 23 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 (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention, of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 31. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee 32. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 33. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages B2500013 24 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L Buck, Chair B2500013 25 Exhibit B Schedule D — Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00am on February 5, 2025: 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. XXFailure 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 below: PRICING Provide pricing in the tables below. Then identify if your bid is either an all -or -nothing or if Weld County would be allowed to purchase individual types at the costs you provide: TRAFFIC PAINT (250 -GAL TOTE) 14,500 gallons yellow traffic paint 17,500 gallons traffic paint rvh ite UNIT PRICE "NO BID" "NO BID" COST PER 250 -GAL TOTE "NO BID" "NO BID" TOTAL COST "NO BID" "NO BID" ** PRICING MUST INCLUDE DELIVERY TO GREELEY SHOP AT 1111 H STREET, GREELEY, CO ** Amount of paint (both yellow and white) ordered may be increased by up to 30% at the option of the Weld County Public Works Department. The vendor awarded the bid will provide MSDS for each product at delivery. 220,000 lbs (2,( bulk containers) I reflective glass beads )00 lb TYPE 56,000 lbs (2,000 lb bulk containers) P20+ reflective glass beads ** PRICING MUST INCLUDE DELIVERY TO GREELEY SHOP AT 1111 H STREET, GREELEY, GLASS BEADS (2,000 LB BULK CONTAINER) UNIT PRICE $0.535/Ib. $ $0.64/lb. COST PER 2,000 LB BULK CONTAINER $1070.00 $1280.00 TOTAL COST $117,700.00 $35,840.00 B2500013 11 CO** Amount of glass beads ordered may be increased by up to 20% at the option of the Weld County Public Works Department. The vendor awarded the bid will provide MSDS for each product at delivery. Please check the appropriate box below for your bid submission: Is your bid an all -or -nothing purchase? / Is your bid a partial where items can be purchased separately at costs provided? Attestation The undersigned, by his or her signature. hereby acknowledges and represents that: 1 The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500013. 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. 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. 8. 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. Item Entry Company Name: Swarco Reflex LLC Address: 900 N. Denton, Mexia, TX 76667 Phone 254-562-9879 Email: roseann,merechth@swarcocorn FEIN/Federal Tax ID #: 33-0453826 CONTRACTOR: Name: Jon Sproul Title: President B2500013 2/3/2025 Date of Signature 12 SWARAME-01 BLASTINGER CERTIFICATE OF LIABILITY I INSURANCE DATE (MM/DDIYYTY) 2/13/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER LICOMO # 1298 Hub International Mid -South CONTACT Misty NeVIls NAME, (A/C,NNo, at) I (A/C No) 3011 Armory Drive Suite 250 E-MAIL ADDREss. misty nevils@hubinternational corn Nashville, TN 37204 INSURER(S) AFFORDING COVERAGE NAIL # INSURERA Great Northern Insurance Company 20303 INSURED INSURER B Travelers Property Casualty Company of America 25674 SWARCO Reflex, LLC INSURERC Travelers Commercial Casualty Company 40282 PO Box 89 270 Rutherford Lane National Union Fire Insurance Company of Pittsburgh, PA INSURER D P Y g 19445 INSURER E Columbia, TN 38401-0089 INSURER F REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE SUER IS INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYI� POLICY EXP _jMMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR 9951-06-43 GAB 1/1/2025 1/1/2026 EACH OCCURRENCE $ 2,000,000 DAMAGETORENTED PREMISES (Ea occurrence) $ 2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER X POLICY JEC7 LOC OTHER PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED _ AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS _ AUOTOS ONLY BA2L173102 1/1/2025 1/1/2026 (Ee eBcideD`SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Penced ntrAGE $ B UMBRELLA LIAR X EXCESS LIAR X OCCUR CLAIMS -MADE EX8S472260-25-NF 1/1/2025 1/1/2026 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICERIMEMBER EXCLUDED ECUTIVE Y❑ (Mandatory m NH) If es descnbe under DESCRIPTION OF OPERATIONS below N / A UBOJ471469 1/1/2025 1/1/2026 X I STATUTE I I ERH E L EACH ACCIDENT 1,000,000 $ E L DISEASE - EA EMPLOYEE $ 1'000'000 E L DISEASE - POLICY LIMIT $ 1,000,000 D Cyber 06-078-91-00 1/1/2025 1/1/2026 $2,759,000 Retention 2,207,200 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached d mine space is regwn:d) County, Its elected officials, trustees, employees, agents, and volunteers shall be Inciuded as additional insureds ith respect to liability arising out of the activities performed by, or on behalf of the Contractor TIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Public Works tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 1111 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE RIp I © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) AGENCY CUSTOMER ID SWARAME-01 BLASTINGER LOC # 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License # 1298 Hub International Mid -South NAMED INSURED SOBox 8 Reflex, LLC RCO PO Box 89 POLICY NUMBER 270 Rutherford Lane SEE PAGE 1 Columbia, TN 38401-0089 CARRIER NAIL CODE SEE PAGE 1 SEEP 1 ...NE DATE SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability Insurance Additional Coverage Information Named Insured Schedule Swarco Industries, Inc Swarco Traffic Management, Inc Swarco Traffic Americas, Inc Swarco Traffic Americas, LLC Cer-O-Glass Technologies, Inc Swarco Industries, LLC Swarco Reflex, LLC Swarco McCain, Inc McCain, Inc Swarco Colorado Paint LLC Swarco Mobility, LLC Elman Data FOL Tape, LLC As respects General Liability Blanket Additional Insured Scheduled Organization per Form 80-02-2367 when required by wnttten contract or agreement Blanket Other Insurance - Primary, Noncontributory Insurance - Scheduled Person or Organization per Form 80-02-2653 when required by written contract or agreement Transferor Waiver of Rights of Recovery Against Others per Form 08-02-2000 when the insured has waived their rights of recovery against such person or organization in a contract or agreement As respect Auto Liability Additional Insured applies when required by written contract per Form CA T3 53 01 15 - Business Auto Extension Endorsement - Blanket Additional Insured Waiver of Subrogation applies when required by written contract per Form CA T3 53 0215 - Business Auto Extension Endorsement - Blanket Waiver of Subrogation Primary and Non -Contributory applies when required by written contract per Form CA T4 74 02 16 Primary and Non -Contributory - Other Insurance Condition As respects Workers Comp Waiver of Our Right to Recover - Blanket when required by written contract TX - WC 42 03 04 (B) Any State in item 3 A or 3 C except where not applicable (Coverage not Applicable in KY, NH, NJ) - WC 00 0313 00 As respects Excess Liability For Swarco America and Swarco McCain Travelers Excess Policy ($2M) Policy # EX -8S472265 -25 -NF, Effective 1/1/2025-26 Coverage is follow form and extends over the Local Auto and Employers Liability only For Swarco Industries Carrier CHUBB/Federal Insurance Company Excess Policy ($3M) Policy No 56720162, Effective 1/1/25-26 Coverage is follow form and is in excess of the ($2M) General Liability Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carrier(s) ACORD 101 (2008/01) © 2008 ACORD CORPORATION All rights reserved The ACORD name and logo am registered marks of ACORD Form -9 (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. M a) cca) a. c O ai z a o O k. Es V) ._ C C a V a) ca a� in 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) Swarco Reflex LLC 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. ■ ■ ■ Individual/sole proprietor C corporation ■ S corporation Partnership ■ Trust/estate LLC. Enter the tax classification (C = C corporation, S - S corporation. P - Partnership) . Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . ■ 5 Address (number. street, and apt. or suite no.). See instructions. 900 N. Denton 6 City, state, and ZIP code Mexia, TX 76667 4 Exemptions (codes apply only to certain entities, not individuals: see instructions on page 3): Exempt payee code (if any) 5 Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) Requester's name and address (optional) Weld County, CO 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number MID or SIM Employer identification number 3 3 0 4 5 3 8 2 6 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person '' Armg General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Date New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Contract Form Entity Information Entity Name* SWARCO REFLEX INC Entity ID* @00021175 Contract Name* TRAFFIC PAINT TYPE I GLASS BEADS BID 2500013 Contract Status CTB REVIEW Q New Entity? Contract ID 9143 Contract Lead * KHETTINGER Contract Lead Email khettinger@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * TRAFFIC PAINT TYPE I GLASS BEAD SUPPLY. 1 YEAR CONTRACT RENEWABLE FOR 2 ADDITIONAL YEARS BEGINNING IN 2025. Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date CONTRACT PUBLIC WORKS Date* 03/01/2025 03/05/2025 Amount * $175,480.00 Renewable* YES Automatic Renewal Grant IGA Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks-- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP RFP # B2500013 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date * 01/0572026 Renewal Date * 03/02 /2026 Committed Delivery Date Expiration Date Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date TOBY TAYLOR 02 26 2025 Approval Process Department Head DUANE NAIBAUER DH Approved Date 02/25/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/03/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 02:26 2025 02/26;`2025 Tyler Ref # AG 030325 Originator KHETTINGER Hello