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Home My WebLink About20250592 CoVrhva CI—t t1 1019—1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN I rr THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND DIAMOND VOGEL INC. This Agreement Extension/Renewal ("Renewal"), made and entered into Znd day of Fetv IA04026, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department Uf Public Works, hereinafter referred to as the "Department", and Diamond Vogel Inc, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2025-0592, approved on March 3,2025. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on March 2, 2026. • The parties agree to extend the Original Agreement for an additional One Year period, which will begin March 3, 2026, and will end on March 2, 2027. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. The total new cost will not exceed $562,400.00. 2. Exhibit A has been updated to reflect current rate change. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chad Hamill �j / Printed Name /�� y -� .„ Scott K. James, Chair F3.3 0 2 Signature ATTEST: .d . ,D• Weld County Clerk to the Board oppiong ' I IL4N BY: /'/1`Oil l 1. _1!" 86IrWia913) Deputy Clerk to the Boarir t �r 0unS P c c Ohbase (PLO Z 025-U)12 2/2/Z(0 2 /2/7Ap al 0033 Exhibit A Customer Weld Co Colorado Diamond eA'Vogel Contact Name City,State Ryan Reynolds Greeley CO PAINT&COATINGS Date 1/7/2026 Payment terms Net 30 Freight Included Yes Order Lead Time 2 Weeks to ship Traffic Paint Quotation Order Quantity (Lbs and/or gallons) 43,500 Quantity Price per Product Number Color Specification Product Description Packaging Gal/Lbs Gal/Lb UC15-15255 White CO FD Waterborne Acrylic Traffic Paint Tote 29,000 $ 10.48 UC35-12819 Yellow CO FD Waterborne Acrylic Traffic Paint Tote 14,500 $ 10.48 Pricing includes pickup of empty Diamond Vogel Totes. Pricing includes freight for full truckload shipments of 3000 gallons. Fuel Surcharge $0.00 Diamond Vogel Traffic Coatings I 1020 Albany Place SE I Orange City,Iowa 51041 I 712-737-4993 I traffic@diamondvogel.com I Diamondvogel.com/traffic Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job DIAMOND VOGEL INC SUP-45143 aid linked here to add a ❑supplier in Workday. Contract Name* Contract ID Parent Contract ID TRAFFIC PAINT PURCHASE 10297 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW RREYNOLDS Department Project# Contract Lead Email rreynolds@weld.gov Contract Description* TRAFFIC PAINT PURCHASE OF YELLOW/WHITE Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date RENEWAL PUBLIC WORKS Date* 01 /24/2026 01 /28/2026 Amount* Department Email $562,400.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* YES Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included? Automatic Renewal DeptHead@weld.gov Grant County Attorney IGA 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 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 Review Date* Renewal Date* 01 /05/2027 03/02/2027 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 01 /27/2026 Approval Process Department Head Finance Approver Legal Counsel KEVIN HETTINGER CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 01 /27/2026 01 /27/2026 01 /27/2026 Final Approval BOCC Approved Tyler Ref# AG 020226 BOCC Signed Date Originator BOCC Agenda Date RREYNOLDS 02/02/2026 Can1vacv(tM c I4Z. SUPPLY AGREEMENT BETWEEN WELD COUNTY AND Diamond Vogel Inc THIS AGREEMENT is made and entered into this 3Vdday of MOLVG1 , 2025 by and between the Board of Weld County Commissioners,on behalf of Weld County Public Works, hereinafter referred to as"County,"and Diamond Vogel Inc, 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. 09b0 2025-0592 c bm n+ c p u. ei( �ePU)�kw-9 3/5/25 3/3/25 CeiO 5 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 8. 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 Chad Hamill Position Director of Traffic Coatings Address 1110 Albany Place SE PO Box 440 Orange City Iowa 51041 E-mail chad hamilla.diamondvooel com ' Phone (0)712-737-9706(Cell)712-360-2858 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 is nonexclusive,and-County may engage or use other Contractors or persons to perform services of the same or similar nature 24. Entire Agreement/Modifications.This Agreement including the Exhibits attached hereto and incorporated herein,contains the entire agreement between the parties with respect to the subject matter contained in this Agreement This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect-to the subject matter contained in this Agreement This Agreement may be changed or supplemented only by a written instrument signed by both parties 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year 26. Employee Financial Interest/Conflict of Interest—C.R.S.§§24-18-201 et seq. and§24-50-507. The signatories to this Agreement agree that to their knowledge,no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement 9 (including,without limitation,the warranties,indemnification obligations,confidentiality and record keeping requirements)shall survive any such expiration or termination 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,or unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties 29. Non-Waiver.No term or condition of this Agreement shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits, protections,or other provisions,of the Colorado Governmental Immunity Act§§24-10- 101 et seq,as applicable now or hereafter amended 30. No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 31. Board of County Commissioners of Weld County Approval.This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado,or its designee 32. Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 33. No Employment of Unauthorized Aliens.Contractor certifies,warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement(see 8 U S C A§1324a and(h)(3))nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request,contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision,County may terminate this Agreement for breach,and if so terminated,Contractor shall be liable for actual and consequential damages io 34. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 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:Chad Hamill Date of Signature:2/25/25 Title: Director of Traffic Coatings WELD COUNTY: ATTEST: '�'` 0-4 ' BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO Weld County Clerk to the Board BY: . "\\ Deputy Clerk to the B rd f 4;• erry Buck,Chair �1861 r_'n ''' MAR 0 3 2025 01 1 Exhibit A �� x1 4 Weld County Finance Department ► , . � y _ ` ar Purchasing Division rs - ,_ \, 1301 North 17th Avenue IA ; , 1 . . . , l� c r Greeley , Colorado 80631 , GG N4 ` ' ,t„ } 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 a( � 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 S chedule A : Bid Instructions None Schedule B : Scope of Work S chedule C : Project Schedule S chedule D : Bid Form S chedule E : Insurance & Bonds S chedule 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 bids (a� weld . gov If your bid exceeds 25MB please upload your bid to https : / / wwvv . 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 ( I FB ) : 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 I FB 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 WATERBORNE TRAFFIC PAINT Quantities for 2025 Color Bid Unit Estimated Quantities Yellow 250 - gal bulk totes 14 , 500 Gallons White 250 - gal bulk totes 29 , 000 Gallons Delivery Dates Color Quantity 1st Delivery March 10 — March 13 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Gal . 2nd Delivery April 7 — April 10 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Gal 3rd Delivery May 19 — May 22 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Gal . 4th Delivery June 23 — June 26 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Gal . 5th Delivery August 18 — August 22 , 2025 Yellow 2 , 500 Gal . White 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 150 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 77°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 110-160o F Pavement temperature of 50o 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 770 F for 24 hours followed by two hours at 1220 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 and wet film of the candidate paint placed immediately in a humidity chamber maintained at 72 5o F+2 50 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 5Li 0 3 pounds per gallon 2 5 The paint shall have a closed cup flash point of 1150 min SPHERICAL GLASS BEADS-SPECI,L 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 Ib . totes 64 , 000 lbs . — Type 1 Beads Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation : Advertisement Date January 17 , 2025 Technical Questions Due January 29 , by 3 : 00 PM Technical Questions email bids@weld . gov Questions Answered via Addendum January 30 , by 3 : 00 PM Proposals Are Due February 5 , by 10 : OOAM Purchasing ' s Clock Solicitation Notice of Award ( Anticipated ) February 24 , 2025 Contract Execution ( Anticipated ) March 3 , 2025 Completion 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 ) UNIT PRICE COST PER 250 - GAL TOTAL COST TOTE 14 , 500 gallons yellow $ $ $ traffic paint 17 , 500 gallons white $ $ $ traffic paint * * 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 ) UNIT PRICE COST PER 2 , 000 LB TOTAL COST BULK CONTAINER 220 , 000 Ibs ( 2 , 000 lb $ $ $ bulk containers ) TYPE I reflective glass beads 56 , 000 Ibs ( 2 , 000 lb $ $ $ bulk containers ) P20 + reflective glass beads * * 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 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 : Address : Phone Email : FEIN / Federal Tax ID # : CONTRACTOR : By : Date of Signature Name : Title : 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 ) 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 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 o r 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 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 ...aaa.__..,,m.y..a..-..1-....�.w...�.-•+r.w.r�..ww....w.. __ ._..,"_�,wex+w...�r , 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-VI' 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 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 : P hone : TO COUNTY : N ame : Position : Address : E - mail : Phone : 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 / ModTcations . 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 : Date of Signature : Title : WELD COUNTY : ATTEST : BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY , COLORADO Weld County Clerk to the Board BY : Deputy Clerk to the Board Perry L . Buck , Chair B2500013 25 • Exhibit B Rose Everett From : Cory Cunard < Cory . Cunard@diamondvogel . com > Sent : Tuesday , February 4 , 2025 1 : 07 PM To : bids Cc : Chad Hamill ; Spencer Stoeffier ; Daniel Gumm Subject : B2500013 2025 Traffic Paint & Beads I Diamond Vogel , Inc . Attachments : BID SPECS TRAFFIC PAINT and BEADS _ Diamond Vogel Inc _ Signed . pdf ; Diamond Vogel , Inc . _ Insurance Language Exception _ B2500013 _ Signed . pdf Th1s Message Is From an Untrusted Sender You have not previously corresponded with this sender . Use extra caution and avoid replying with sensitive information , clicking links , or downloading attachments until their identify is verified . Good afternoon , Please see the attached proposal for RFB # B2500013 . By submitting this bid via email , I hereby waive my right to a sealed bid . Our totes meet all specifications put forward in this RFB . Please see our revised insurance language within the attached document : Diamond Vogel , Inc . Insurance Language Exception _ B2500013 _ Signed . pdf . Thank you for your consideration ! Cory M . Cunard Sales Controller Diamond Vogel p : 712 . 707 . 9708 c : 712 . 578 . 9406 w : diamondvogel . com Diamond ( WogeI - - , Weld County Finance Department 1 . ' s ‘L` sf: 8 �' .s - sue Purchasing Division 1301 North 17th Avenue � l � • ;,Vis r10. , r ' j Greeley , Colorado 80631 14 -hia, :te SuppI y ( 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 � weld . gov Bid Due Date : February 5 , 2025 by 10 : 00 AM , Purchasing ' s Clock Bid Delivery : Preferred email to bids a . weld . gov or option to hand delivery to 1301 North 17th Avenue , Greeley , CO 80631 For additional information : bids (a� weld . gov Documents Included in this Bid Package IFB Schedules ! FB Attachments S chedule A : Bid Instructions None S chedule B : Scope of Work S chedule C : Project Schedule S chedule D : Bid Form S chedule E : Insurance & Bonds S chedule F : Weld County Contract Form Revision 12 - 2024 Table of Contents Supply ( Recurring ) - Invitation for Bid ( IFB ) Cover Sheet 1 Documents Included in this Bad Package 1 IFB Schedules . 1 IFB Attachments 1 Table of Contents _ 2 Schedule A - Bid Instructions 3 Purpose / Background 3 Bid Advertisement . . 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work . . . , , 5 Project Overview 5 Method of Procurement 5 Pricing Method . 5 Specific 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 bidsaweld . pov if your bid exceeds 25MB please upload your bid to https : / /wvvw . 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 17 ' h 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 132500013 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 : / / vwvw . 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 I F B 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 WATERBORNE TRAFFIC PAINT Quantities for 2025 Color Bid Unit Estimated Quantities Yellow 250 - gal bulk totes 14 , 500 Gallons White 250 - ga bulk totes 29 , 000 Gallons Delivery Dates Color Quantity 1st De live March 10 — March 13 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Gal . 2nd Delivery April 7 — April 10 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Ga ! 3rd Delivery May 19 — May 22 , 2025 Yellow 3 , 000 Gal . White 6 , 000 Gal . 4th Delivery June 23 — June 26 , 2025 Yellow 3 , 000 Gai . White 6 , 000 Gal . 5th Delivery August 18 — August 22 , 2025 Yellow 2 , 500 Gal . White 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 dunng 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 covenng 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: 41 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 150 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 51 1 The binder shall be 100%acrylic,Rohm&Haas E-2706 or approved equal, 51 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 1150 F min 6.0 DETAILED REQUIREMENTS: 6 1 Weight per gallon the weight per gallon shall be no more than 141 00 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 77.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 110-160o F Pavement temperature of 50o 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 and wet film thickness to 3"by 5"tin panel Dry at 770 F for 24 hours followed by two hours at 1220 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 5o 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 41 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 T 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 21 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 50 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 January 17 , 2025 Technical Questions Due January 29 ; by 3 : 00 PM Technical Questions email bids@weld . gov Questions Answered via Addendum January 30 , by 3 : 00 PM Proposals Are Due February 5 ; by 10 : OOAM Purchasing ' s Clock Solicitation Notice of Award ( Anticipated ) February 24 , 2025 Contract Execution ( Anticipated ) March 3 , 2025 Completion 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 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 ) UNIT PRICE COST PER 250 - GAL TOTAL COST TOTE 14 , 500 gallons yellow $ 10 . 94 2 735 . 00 $ 158 630 . 00 traffic paint , 17 , 500 gallons white $ $ 191 . 450 . 00 10 . 94 2 , 735 . 00 traffic paint . � _ - * * 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 ) UNIT PRICE COST PER 2 , 000 LB TOTAL COST BULK CONTAINER _ 220 , 000 Ibs ( 2 , 000 lb $ r $ $ bulk containers ) TYPE No Bid No Bid No Bid I reflective glass beads 56 , 000 Ibs ( 2 , 000 lb $ bulk containers ) P20 + No Bid No Bid No Bid reflective glass beads * * 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 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 ? X 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 : Diamond Vogel , Inc . Address : 1110 Albany Place SE Phone 712 . 707 . 9706 Email : chad . harnill c1diamondvogei . com FEIN / Federal Tax ID # : 42 - 1271908 CONTRACTOR : By : _ 2 / 4 / 2025 ' Date of Signature Name : Chad Hamill Title : Director of Traffic Coatings 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 ) 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 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 : Ernail : 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 013 igations 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 o rder 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 e quipment 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 82500013 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 dunng 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 pnor wntten 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 secunty 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 wntten 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-VI! 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 1 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 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 Attorneys 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 camed 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 matenal 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-descnbed 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 anse out of the performance of the Work under by the Contractor,its agents,representatives,employees,or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent,maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,duration, or types The Contractor shall maintain,at its own expense,any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 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 nght 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 nghts 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 : Name : Position Address : E - mail : Phone : TO COUNTY : Name : Position : Address : E - mail . Phone : 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 onginal intent of the parties 29. Non-Waiver.No term or condition of this Agreement shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions, of the Colorado Govemmental Immunity Act§§24-10-101 et seq,as applicable now or hereafter amended 30. No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all nghts 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. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 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 wntten, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR , '/' C /- By Name Chad Hamill Date of Signature 2/4/2025 Title Director of Traffic Coatings WELD COUNTY ATTEST BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO Weld County Clerk to the Board , BY Deputy Clerk to the Board Perry L Buck,Chair B2500013 25 • D ' amond otri-e# Voge * _ 4 • • S « • February 4 , 2025 RE : Weld County , Colorado Bid # 62500013 2025 Traffic Paint & Beads Regarding bid number 132500013 , Diamond Vogel notes the following language exceptions . Our updated language is highlighted in yellow below . Schedule E , Insurance , Commercial General Liability Insurance 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 : " Any person or organization , other than a third party carrier , with whom you [ Contractor ] agreed in a written contract , written agreement or a permit to include as an insured , but only with respect to bodily injury , property damage , environmental damage , or emergency cleanup costs caused , in whole or in part . by your acts or omissions or the acts or omissions of those acting on your behalf , arising out of your operations , your work , equipment or premises leased , rented or owned by you , or your products which are distributed or sold in the regular course of a vendor ' s business . " Schedule E , Insurance , Commercial General Liability Insurance , Proof of Insurance 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 . which requirement may be met by Contractor having a policy that automatically covers people and organizations with whom it has agreed by contract to cover as Additional Insureds . 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 fora 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 . Architectural • Industrial • Automotive • Industrial Wood • Aerosol • Traffic diamondvag el . com D ' a mond --A@Voge , a . 7 , 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 . Sincerely , Ceriud- Ciwn,tud, Cory Cunard Sales Controller Architectural • Industrial • Automotive • Industrial Wood • Aerosol • Traffic diamondvogel . com Acc)Ric, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/11/2025 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 polioy(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 CONTACTE Dee-Ann Swanson NAM North Risk Partners P1)No Ert) (515)327-8450 I jaC No) (515)327-8457 1045 76th Street,STE 4000 Wass SS deeann Swanson@northrokpartners coin INSURER(S)AFFORDING COVERAGE NAIL# West Des Moines IA 50266 INSURER Navigators Insurance Company 42307 INSURED INSURER B Sentry Insurance Group _ Diamond Vogel,Inc INSURER 1110 Albany Place SE INSURER D PO Box 440 INSURER E Orange City IA 51041-0440 INSURER F COVERAGES CERTIFICATE NUMBER 25-26 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD VI/VD POLICY NUMBER (MMIDD/YYYI)(MM/DDM'YY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CWMSMADE EI OCCUR EM SES Ea occunence) $500,000 MED EXP(Any one person) $25,000 A Y CH25NP3Z06XQSIC 01/01/2025 01/01/2026 pERsoNALaADVINJURY $1,000,000 GEN LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY❑78-, ®LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 9015504 01/01/2025 01/01/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED X NON OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X UMBRELLA0AB X OCCUR EACH OCCURRENCE $2,000,000 A EXCESS UAB CLAIMS-MADE CH25NP3Z06XQSIC 01/01/2025 01/01/2026 AGGREGATE $2,000,000 DED I XI RETENTION$ XI STATUTE I I ER WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N 1,000,000 B ANYPROPRIETOR/PARTNER/ExECUTIVE E N/A Y 90 15504 01 01/01/2025 01/01/2026 EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED (Mandatory In NH) E L DISEASE EA EMPLOYEE $1,000,000 Iryes descnbeunder 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ Contractors Poll Lob $1 000 000 Pollution Legal Liability CH25NP3Z06XQSIC 01/01.025 01/01/2026 Pollution Lob your sites $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Weld County,Colorado Bid#B2500013 2025 Traffic Paint 8,Beads Weld County Public Works,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 Contactor on general liability Waiver of Subrogation applies to Workers Compensation 30 Days advance written notice to the County for cancellation,non-renewal,suspension,voided,or material changes to polcnes required under this Agreement, except when cancellation is for non-payment of premium then ten(10)days prior notice maybe give CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Weld County Public Works ACCORDANCE WITH THE POLICY PROVISIONS Traffic Paint 8,Beads 2025 AUTHORIZED REPRESENTATIVE PO Box 758 Greeley CO 80632 ©1988-2015 ACORD CORPORATION All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD (a)owned,occupied or used by,or (b)rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by, you,any of your employees,volunteer workers,any partner or member(if you are a partnership or joint venture),or any member(if you are a limited liability company) b any person(other than your employee or volunteer worker),or any organization while acting as your real estate manager c any person or organization having proper temporary custody of your property if you die,but only with respect to liability arising out of the maintenance or use of that property and only until your legal representative has been appointed d your legal representative if you die,but only with respect to duties as such That representative will have all your rights and duties under this policy e any subsidiary,associated,affiliated or allied company or corporation,including subsidianes thereof,of which you have at least 50%ownership interest as of the inception date 3 Any person or organization,other than a third party carrier,with whom you agreed in a wntten contract,written agreement or a permit to include as an insured,but only with respect to bodily injury,property damage, environmental damage,or emergency cleanup costs caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf,ansing out of your operations,your work,equipment or premises leased,rented or owned by you,or your products which are distributed or sold,in the regular course of a vendor's business,however a A vendor is not an insured with respect to bodily injury,property damage,environmental damage, emergency cleanup costs,or other injury or damage arising out of (1)the assumption of liability by the vendor in a contract or agreement except for any such damages that the vendor would have in the absence of the contract or agreement, (2)any express warranty unauthorized by you, (3)any physical or chemical change in the product made intentionally by the vendor, (4)repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the onginal container, (5)any failure to make inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products, (6)any demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product, (7)products which,after distnbution or sale by you,have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor,or (8)the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However,this exclusion does not apply to (a)the exceptions contained in sub-paragraphs(4)or(6)above,or (b)such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products b A manager or lessor of premises,a lessor of leased equipment,or a mortgagee,assignee,or receiver is not an insured with respect to bodily injury,property damage,environmental damage,emergency cleanup costs,or any other injury or damage arising out of NAV NP3+Cyber(07/16) 37 No person or organization has a right under this policy a to join us or our affiliates as a party or otherwise bring us or our affiliates into a legal suit or legal proceeding asking for loss,or other damages from an insured,or b to sue us or our affiliates on this policy unless all of its terms have been fully complied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured,but we will not be liable for loss or damages that are not payable under the terms of this policy or that are in excess of the applicable limit of liability An agreed settlement means a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative 18 Legal Advice We are not your legal advisor Our determination of what is or is not covered under this Policy does not represent advice or counsel from us about what you should or should not do 19 Multiple Coverage Sections No injury,damage,loss, crisis management fees,or any other payments to which one coverage or coverage part in this policy applies,or is held to apply,will be afforded coverage under any other coverage or coverage part 20 Network Security Liability Defense Under Coverage 3 Cyber&Data Compromise Liability We shall have the right and the duty to assume the defense of any applicable network security liability suit against you You shall give us such information and cooperation as we may reasonably require a You shall not admit liability for or settle any network security liability suit or incur any network security liability defense costs without our prior written consent b If you refuse to consent to any settlement recommended by us and acceptable to the claimant,we may then withdraw from your defense by tendering control of the defense to you From that point forward,you shall,at your own expense,negotiate or defend such network security liability suit independently of us Our liability shall not exceed the amount for which the claim or network security liability suit could have been settled if such recommendation was consented to,plus network security liability defense costs incurred by us,and network security liability defense costs incurred by you with our written consent, prior to the date of such refusal c We shall not be obligated to pay any damages or network security liability defense costs,or to defend or continue to defend any network security liability suit,after the Network Security Liability Limit has been exhausted d We shall pay all interest on that amount of any judgment within the Network Security Liability Limit which accrues (1)after entry of judgment,and (2)before we pay,offer to pay or deposit in court that part of the judgment within the Network Security Liability Limit or,in any case,before we pay or offer to pay the entire Network Secunty Liability Limit These interest payments shall be in addition to and not part of the Network Security Liability Limit 21 Other Insurance NAV NP3+Cyber(07/16) 51 If other valid and collectible insurance is available to the insured for any loss,data re-creation costs,data restoration costs,system restoration costs,business income loss,public relations expense,product recall expenses,network security liability settlement costs,damages,crisis management fees,or other injury or damage we cover under this policy,our obligations are limited as follows , a Primary Insurance This insurance is primary except with respect to the circumstances when paragraph b below applies If this insurance is primary,our obligations are not affected unless any of the other insurance is also primary Then,we will share with all other primary insurance by the method described in paragraph c below However,regardless of whether paragraph b below applies,in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this policy,we will not seek contributions from any such other insurance issued to such person or organization b Excess Insurance (1)This insurance is excess over (a)any of the other insurance,whether primary,excess,contingent or on any other basis (i) that is Fire,Extended Coverage,Builder's Risk,Installation Risk or similar coverage for your work, (ii)that is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, (ni)that is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner,or (iv)any insurance available to the insured for damages or loss ansing out of the maintenance or use of aircraft,drone,auto or watercraft,but only to the extent such damages or loss are covered by,and not subject to any exclusion in,any coverage part in Coverage 1 General Liability,Coverage 2 Pollution Liability,or Coverage 3 Cyber&Data Compromise Liability (b)any other pnmary insurance available to you covenng liability for loss, damages,or crisis management fees ansing out of the premises or operations, products and completed operations,your work,transportation activities,waste disposal facility,non-owned location, unscheduled site,or scheduled sites for which you have been added as an additional insured (2)With respect to all coverages and coverage parts in this policy,this insurance will'apply only in excess of and will not contribute with any insurance (a)available to the insured and issued,or applicable to,any terntory outside the United States of America including its terntones and possessions, Puerto Rico, the U S Virgin Islands,and Canada,or (b)required by law,regulation or other governmental authority in any country or jurisdiction outside the United States of America including its territories and possessions,Puerto Rico,the U S Virgin Islands,and Canada NAV NP3+ 07/16 Cyber Y ( ) 52 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule Name Address AR,CO,CT,IL,IN,KS,MA,MI,MN,MO,MT,NV,OK,SC,SD,TN Description of Waiver Any person or organization for whom the Named Insured has agreed by written contract executed prior to loss JobID This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective Policy No Endorsement No Insured Premium Insurance Company Countersigned by WC000313 (Ed 4-84) , ©1983 National Council on Compensation Insurance Page 1 of 1 9015504001 12/27/2024 Sentry Casualty Company 1 00002 0000000000 24362 0 N 352cc754-4559-048,94d5-ef11636e6bfc k;5 ®9 Request for Taxpayer Form Give Form to the (Rev October 2018) Identification Number and Certification requester Do not Department the Treasury ►Go to www irs gov/FormW9 for instructions and the latest information send to the IRS Internalrnal Revenue ue Service 1 Name(as shown on your income tax return)Name is required on this line,do not leave this line blank Diamond Vogel,Inc 2 Business name/disregarded entity name if different from above Vogel Paint Inc/Diamond Vogel/Old MastersNan SickleNogel Paint&Wax/Diamond Products Company/NexGen Coatings LLC/Diamond Vogel Paint CompanyNogel West Inc/Diamond Vogel North . 3 Check appropriate box for federal tax classification of the person whose name Is entered online 1 Check only one of the 4 Exemptions(codes apply only to following seven boxes certain entities not individuals see rz instructions on page 3) o ❑Individual/sole proprietor or ❑C Corporation ®S Corporation ❑Partnership ❑Trust/estate Csingle-member LLC Exempt payee code(if any) �` ❑Limited liability company Enter the tax classification(C=C corporation,S=S corporation P=Partnership) Note Check the appropriate box in the line above for the tax classification of the single-member owner Do not check Exemption from FATCA reporting LLC if the LLC Is classified as a single member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) a 7, another LLC that is not disregarded from the owner for U S federal tax purposes Otherwise,a single member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner a ❑Other(see instructions)s (AppAosfo accounts mentos].outside the U S/ a 5 Address(number street and apt or suite no)See instructions Requesters name and address(optional) 1110 Albany Place SE PO Box 380 6 City,state,and ZIP code Orange City,IA 51041-0380 7 List amount number(s)here(optional) Parxt(lq Taxpayer Identification Number(TIN) nter your I IN in the appropriate box I he I IN provided must match the name given on line i to avoid Social security number backup withholding For individuals,this is generally your social security number(SSN)However,fora 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 or Note If the account is in mom than one name,see the instructions for line 1 Also see What Name and Employer number Number To Give the Requester for guidelines on whose number to enter 4 2 — 1 2 7 1 9 0 8 :LParttll 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 Of 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 faded 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 prope y,cancellation of debt,contributions to an individual retirement arrangement(IRA)and generally,payments other than interest and dividends,you are not equued to sign the certif n,but you must provide your correct TIN See the instructions for Part II,later Sign signature of Vi/Za Here u s pers.. Dates ZZ General Instructions -Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise -Form 1099-MISC(various types of income,prizes,awards,or gross noted proceeds) Future developments For the latest information about developments -Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www/rs gov/FormW9 •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an -Form 1098(home mortgage interest),1098-E(student loan interest), Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer Identification number(ITIN),adoption taxpayer identification number(ATIN),or employer identification number •Form 1099 A(acquisition or abandonment of secured property} (EIN),to repon on an information return the amount paid to you,or other Use Form W-9 only if you area U S person(including a resident amount reportable on an information return Examples of information alien),to provide your correct TIN returns include,but are not limited to,the following If you do not retum Form W-9 la the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding See What is backup withholding later Cat No 10231X Form W-9(Rev no 2018) Contract Form Entity Information Entity Name * Entity ID * Q New Entity ? DIAMOND VOGEL INC (000045143 Contract Name * Contract ID Parent Contract ID TRAFFIC PAINT PURCHASE BID 2500013 9142 Contract Status Contract Lead * Requires Board Approval CTB REVIEW KHETTINGER YES Contract Lead Email Department Project # khettinger@weld . gov Contract Description * TRAFFIC PAINT SUPPLY FOR YELLOW AND WHITE WATERBORNE TRAFFIC PAINT . 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 / 202 5 03 / 05 / 2025 Amount * Department Email $ 475 , 890 . 00 CM - Will a work session with BOCC be required ? * PublicWorksgweld . gov NO Renewable * YES Department Head Email Does Contract require Purchasing Dept . to be CM - PublicWorks - included ? Automatic Renewal DeptHead@weld . gov YES Grant County Attorney Bid / RFP # * BYRON HOWELL B2 50001 3 IGA 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 Note : the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date * Renewal Date * 01 / 05 / 2026 03 / 02 ; 2026 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 02 , 26 2025 Approval Process Department Head Finance Approver Legal Counsel DUANE NAIBAUER CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02 ' 2 5 / 202 5 02 26 2025 02 , 26 2025 Final Approval BOCC Approved Tyler Ref # AG 030325 BOCC Signed Date Originator KHETTINGER BOCC Agenda Date 03 / 03 / 2025 Hello