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Home My WebLink About20232505.tiffCo►-rhva c -I- Og- 31 September 19, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Sand Oil Tank and Grease trap pumping services (2023-2505) In 2023, Wright Choice, INC was awarded the Sand Oil Tank and Grease trap pumping services contract. The bid permitted the option for annual renewal for the period of October 1, 2025, through September 30, 2026. The Facilities Department recommends approval of this annual renewal to Wright Choice, INC in the amount of $64,319.00. Sincerely, Patrick O'Neill Director Cw5un-I- 139,en60, Cc, nbaa Cg0 /Zq /ZS al 24/25 Z� Z3-2505 8600ZS CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF FACILITIES AND RIGHT CHOICE, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 'MT day of ,*iitLY 2025, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Facilities, hereinafter referred to as the "Department", and Wright Choice, 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. 2023-2025, approved on September 25, 2023. 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 September 30, 2025. • The parties agree to extend the Original Agreement for an additional 1 (one) year period, which will begin October 1, 2025, and will end on September 30, 2026. • 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 is $ 64,319.00 annually. • 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: 1.41. r 6 M? G }Feral. r,�• C . T EP FvR/4M•f Printed fame Sigofdture BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L /ck, Chair ATTEST: 4.0J '-k114;4111- Weld o my CI rk to the Board BY: 1 Deputy Clerk to the Board 2 OZ3 - Z505 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 07/31/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson CONTACT Stacey BUSCigllo NAME: P NN E): (970) 356-0123 I (a c, No): (970) 330-1867 PO Box 578 Mass: SBusciglio@floodpeterson.com ADDRE INSURER(S) AFFORDING COVERAGE NAIL 8 Greeley CO 80632 iNsuRERA: National American Insurance Company Writing Co 23663 INSURED INSURER B : Pinnace' Assurance 41190 Wright Choice, Inc. INSURER C : Great West Casualty Company 11371 P.O. BOX 200046 INSURER D : Everspan Indemnity Insurance Company 16882 INSURER E : Upland Specialty Insurance Company 16988 Evans CO 80620-0046 INSURER F : General Star Indemnity Company 37362 CERTIFICATE NUMBER: GL,AU,WC,(4)XS,LR 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (ItIVIL XY)' LIMITS A X COMMERCIAL GENERALLIABILRY CLAIMS -MADE © OCCUR Y Y OP18410105 08/01/2025 08/01/2026 EACH OCCURRENCE $ 1,000,000 7815066.90 $ 100,000 MED EXP (Any one person) $ 5,000 PER$DNAL8.ADviNJURY $ 1'000'000 GENERAL AGGREGATE $ 2,00O.000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECT LOC OTHER: 78002016.085701099 $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ` OWNED - AUTOS ONLY AUTOS ONLY X SCHEDULED EEL; NON-0WNED AUTOS ONLY OP18410105 08/01/2025 08/01/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist $ 1,000,000 A X UMBRELLA MB EXCESS um X OCCUR CLAIMS -MADE OU87400105 08/01/2025 08/01/2026 w"'r"'�� 0232) """ EACH OCCURRENCE 5,00O.000 I AGGREGATE $ 5'000'000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PR ITMINTOR/MNUEREgECUTIVE M OFFICERIMEMBER EXCLUDED? (Mandatory in NH) pyes, describe under DESCRIPTION OF OPERATIONS below N/A Y 4192731 08/01/2025 08/01/2026 XI STATUTE I I Pr. E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Automobile Liability - Trucking MCP61813F 08/01/2025 08/01/2026 Combined Single Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Weld County is included as Additional Insured as required by written contract for liability caused by the named insured, subject to policy terms, exclusions, and conditions. Waiver of subrogation applies where required by written contract and legally permissible. This Certificate is issued as a matter of information only, confers no rights upon the certificate holder, and does not alter the insurance coverage afforded by the policies described herein. TIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 758 AUTHORIZED REPRESENTATIVE i Greeley CO 806320 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref # D Description Excess Liability-2xP - Policy #PX1 EII-000024-02 - 8/1/2025-8/1/2026 Coverage Code Form No. I Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 2,000,000 2,000,000 0 Deductible Type Premium Ref # E Description Excess Liability -2x2 - Policy #USXTL1050125 - 8/1/2025-8/1/2026 Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 2,000,000 2,000,000 0 Deductible Type Premium Ref # F Description Excess Liability -1x4 - Policy #IXG683382 - 8/1/2025-8/1/2026 Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 1,000,000 1,000,000 0 Deductible Type Premium Ref # A Description Leased/Rented Equipment - Policy #OR282910105 - 8/1/2025-2026 Coverage Code Form No. Edition Date Limit 1 25,000 Limit 2 I Limit 3 Deductible Amount 1,000 Deductible Type Premium Ref # Description Coverage Code Form No. I Edition Date Limit 1 I Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description 1 Coverage Code Form No. Edition Date Limit 1 I Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description I Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description I Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. Contract Form Entity Information Entity Name* WRIGHT CHOICE INC Entity ID* @00047602 O New Entity? Contract Name * Contract ID SAND AND OIL AND GREASE TRAP PUMPING SERVICES 9937 Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* PROVIDE SAND AND OIL SEPARATOR AND GREASE TRAP PUMPING SERVICES. Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date RENEWAL BUILDINGS AND Date* 09/20/2025 GROUNDS 09/24/2025 Amount* $64,319.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go YES Does Contract require Purchasing Dept. to be included? Automatic Renewal Grant IGA Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 07/13/2026 Renewal Date * 10/01/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/22/2025 09/22/2025 09/22/2025 Final Approval BOCC Approved Tyler Ref # AG 092425 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 09/24/2025 Cotva.Ck taVsi 19 September 9, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Sand Oil Tank and Grease trap pumping services (2023-2505) In 2023, Wright Choice, INC was awarded the Sand Oil Tank and Grease trap pumping services contract. The bid permitted the option for annual renewal for the period of October 1, 2024, through September 30, 2025. The Facilities Department recommends approval of this annual renewal. Sincerely, Patrick O'Neill Director Comm4 Acfn 9/23/Z44 CC :Oh base Pu-vCk10.5Li'19 q /Z3/24 Las -750S gc-� ooZs CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF FACILITIES AND WRIGHT CHOICE, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into12 _day f.pierrigi by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Facilities, hereinafter referred to as the "Department", and Wright Choice, 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. 2023-2505, approved on September 25, 2023. 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 September 30, 2024. • The parties agree to extend the Original Agreement for an additional one (1) year_period, which will begin October 1,2024, and will end on September 30, 2025. • 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. Total new cost is $64,319.00 annually. 2. 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: Z w'RLO Print Name gnature BOARD OF COUNTY COMMISSIONERS WELD COUNTY Kevin D. Ross, Chair SEP 2 3 2024 ATTEST:-4rr"d'0 JdeO; ""' Weld ounty lerk to the Board BY: 5L11V eputy Clerk to the Board Zc2.3- Z5O5 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYI� 9/11/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 CEO FACT Kylie Carey, CISR, CIC Flood and Peterson A/CNN .ExD: (970)266-7148 I (FAAt, No): (970)506-6845 P.O. Box 578 KCare @fldPeterson.com ADDREE-MaL SS: KCarey@floodpeterson.com INSURER(S) AFFORDING COVERAGE NAIL # Greeley CO 80632 INSURER A: National American Insurance CO mpany Wri 23663 INSURED INSURER B:Pinnacol Assurance 41190 Wright Choice, Inc. INSURER C:Everspan Indemnity Insurance Company 16882 P.O. Box 200046 INSURER D: Great West Casualty Company 11371 INSURER E : Evans CO 80620-0046 INSURER F: COVERAGES CERTIFICATE NUMBER:GL, (2)CAU,WC, (2)XS,L/REgp 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. TNTYPE OF INSURANCE LTR ADDL SUER INSR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS X A COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE X Y OP18410005 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1 '000 , 000 EM SEC (Ea o,o o,ce) 1 100 , 000 MED EXP (Any one person) $ 5, 000 PERSONAL & ADV INJURY $ 1, 000 , 000 GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: POLICY El FE, O LOC OTHER: PRODUCTS - COMP/OP A. $ 2,000,000 Limited Pollution $ 1,000,000 AUTOMOBILE A- D -^ _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS - AW-C. NED AUTOS OP18410005 MCP61813D 8/1/2024 8/1/2024 8/1/2025 8/1/2025 COMBINED SINGLE LIMIT (Ea accidenU $ 1'000 , 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) uninsured motorist combined single $ 1, 000, 000 X A UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE OU87400005 8/1/2024 8/1/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I IRETENTION $ WORKERS COMPENSATON AND EMPLOYERS' LIABILITY Y I N icr,n, PRIETOWPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? a B (Mandatory in NH) If yes, desaibe under DESCRIPTION OF OPERATIONS below N / A y 4192731 8/1/2024 8/1/2025 X I STATUTE I I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 C Excess Liability A Leased/Rented Equipment BXIEII-000024-01 0.28290005 8/1/2024 8/1/2024 8/1/2025 8/1/2025 $5,000,000/$5,000,000 $25,000 Limit/ $1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Weld County is included as Additional Insured as required by written contract for liability caused by the named insured, subject to policy terms, exclusions, and conditions. Waiver of subrogation applies where required by written contract and legally permissible. This Certificate is issued as a matter of information only, confers no rights upon the certificate holder, and does not alter the insurance coverage afforded by the policies described herein. CERTIFICATEHOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 758 ACCORDANCE W1TH THE POLICY PROVISIONS. Greeley, CO 80632 AUTHORIZED REPRESENTATIVE icy" t��sey K Carey, CISR, CIC/KC b0 r I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * WRIGHT CHOICE INC Entity ID* @00047602 Contract Name* SAND OIL AND GREASE TRAP PUMPING SERVICES CONTRACT RENEWAL Contract Status CTB REVIEW Q New Entity? Contract ID 8719 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * CONTRACT RENEWAL FOR SAND OIL AND GREASE TRAP PUMPING SERVICES. (2023-2505) Contract Description 2 Contract Type* RENEWAL Amount* $64,319.00 Renewable" YES Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 09/19/2024 09/23/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 08/01/2025 Renewal Date* 09/30/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/16/2024 09/17/2024 09/17/2024 Final Approval BOCC Approved Tyler Ref # AG 092324 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 09/23/2024 Co n4v C)- I b# 1�I f l SERVICE AGREEMENT BETWEEN WELD COUNTY AND WRIGHT CHOICE INC. SAND OIL TANK & GREASE TRAP PUMPING SERVICE THIS AGREEMENT is made and entered into this Z5ts'hay of S , 202S, by and between the Board of Weld County Commissioners, on behalf of the acil�epartment, hereinafter referred to as "County," and Wright Choice, Inc., hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300167. 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. 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. COr1Sei1i- n ci/Z5/23 2023- Z55 8G10O25 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either 'Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $64,319.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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 2 for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, 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. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This 3 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. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above 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. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might 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. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement 4 or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its 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. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the 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. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending patty; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Jeff Wright Position: CEO Address: 114 37th Street Address: Evans, CO 80620 E-mail: jwrightna,wrightchoiceinc.com Phone: 970-739-9973 5 TO COUNTY: Name: Toby Taylor Position: Facilities Director Address: 1105 14 Street Address: Greeley, CO. 80632 E-mail: ttaylor@weldgov.com Phone: 970-400-2021 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effector hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. 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. 19. 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. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 6 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or 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. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. 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. 29. 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: Wright Choice, Inc. By: Nam TrFF rrAt6Mt Title: C t p 7 Date of Signature WELD COI .:74 ) Ce. Jeitzi e,�. ATTEST: ..e' Weld C c _ lerk to the B BY: Deputy Clerk to ) e B and BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair SEP 2 5 2323 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17T" AVENUE GREELEY, CO 80631 DATE: August 4, 2023 BID NUMBER: B2300167 DESCRIPTION: SAND OIL TANK & GREASE TRAP PUMPING SERVICE DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: AUGUST 17, 2023 BID OPENING DATE: AUGUST 23, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: SAND OIL TANK & GREASE TRAP PUMPING SERVICE A mandatory pre -bid conference will be held on August 17, 2023 at i:00 AM at the Weld County Facilities Building located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 23, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 23, 2023 at 10:30 AM. 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 Accounting Building, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 927 990 607# PAGES 1 - 7 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. 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 Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids(a�weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B. 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. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, 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. 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 Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller 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 Controller; 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. 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. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request 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. 4. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2300167 Page 2 B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST #B2300167 Page 3 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore. this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable. of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. BID REQUEST #B2300167 Page 4 Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. 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. S. 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement. the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its o bligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee o r hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable 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. U . Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. ✓ . Board of County Commissioners of Weld County Approval: This Agreement shall not be valid u ntil it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order' authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2300167 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers. agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents. and volunteers for losses arising from the work performed by the BID REQUEST #B2300167 Page 6 successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2300167 Page 7 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Sand Oil Tank and Grease Trap Pumping Service This bid is for pumping and disposal services of the contents from both sand oil tanks and grease trap tanks located at various Weld County facilities. SCOPE The contractor shall: 1. Contractor shall furnish all labor, materials and equipment necessary to provide the pumping and disposal services for grease traps and sand traps. 2. Tanks shall be pumped dry and the contents disposed. 3. Disposal shall comply with all federal, state, and local requirements. 4. Contractor's quotation shall include pumping charges, disposal fees, and overhead costs for required manifests, etc. 5. Grease Traps: There are three grease traps. They are at the Jail located at 2110 O -Street, Greeley. These tanks shall be pumped dry with accumulated grease scraped from the sides as necessary. 6. They will be pumped twice per year. 7. Sand Oil Separator Tanks. The remaining tanks are sand oil separator tanks. These tanks will be pumped once per year. The remaining Contractor shall provide routine pumping. Semi Annual during the year. Tanks shall be pumped dry with accumulated grease scraped from the sides as necessary. 8. Services will begin October 1, 2023 through September 30. 2024. 9. This bid may be renewed annually for up to three additional increments LOCATIONS Building Name Address Volume Gallons in Month Service of Price Tank Public Works - Main 1111 H Street Greeley 1000 June Public 1 Works Building 1111 Greeley 1000 June H Street Public 2 Works Building 1111 H Street Greeley 1000 June Public 3 Works Building 1111 H Street Greeley 1000 June Public 6 Works Building 1111 Street Greeley 1000 June H Public 7 Works Building 1111 H Street Greeley 1000 June Ault Grader Shed 41150 Ave, Ault 1000 July Tegan Kersey Grader Shed 23636 CR 54, Kersey 1000 July Motor Pool 1399 Greeley North 17th Ave 2500 July Crime Lab 2329 115th Ave Greeley 1000 t July Coroner 1121 M Street, Greeley 1000 July Grover Grader Shed 43339 CR 122, Grover 1000 August Dacono Grader Shed 5500 52, Dacono 1000 August Highway Fort Shed Lupton Grader 7625 Road 31, Ft. Lupton 1000 August Mead Grader Shed 5698 CR 34, Platteville 1000X2 August BID REQUEST #B2300167 Page 8 Galeton - Grader Shed i 24980 Road 74, Galeton 1000 August Gill Grader Shed Gill 31244 3rd Street 1000 September Nunn Grader Shed 17065 Road 96, Nunn 1000 September Wash Bay (new) 1399 Greeley B North 17th Ave, 10000 September Jail (Grease Trap) 2110 O -Street, Greeley 24000 Apr & Oct TOTAL FEE Provide your lump sum to provide this work. If there are additional items provide those total costs as well as a description. Lump Sum Total $ Other (describe) $ BID REQUEST #B2300167 Page 9 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on August 23, 2023: on or before the bid opening 1) Pages 8 thru 11 of the Bid Specifications and/or Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300167 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B2300167. 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. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. 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. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL FAX TAX ID # DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 7. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0323 BID REQUEST #B2300167 Page 11 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Sand Oil Tank and Grease Trap Pumping Service This bid is for pumping and disposal services of the contents from both sand oil tanks and grease trap tanks located at various Weld County facilities. SCOPE The contractor shall: 1. Contractor shall furnish all labor, materials and equipment necessary to provide the pumping and disposal services for grease traps and sand traps. 2. Tanks shall be pumped dry and the contents disposed. 3. Disposal shall comply with all federal, state, and local requirements. 4. Contractor's quotation shall include pumping charges, disposal fees, and overhead costs for required manifests, etc. 5. Grease Traps: There are three grease traps. They are at the Jail located at 2110 O -Street, Greeley. These tanks shall be pumped dry with accumulated grease scraped from the sides as necessary. 6. They will be pumped twice per year. 7. Sand Oil Separator Tanks. The remaining tanks are sand oil separator tanks. These tanks will be pumped once per year. The remaining Contractor shall provide routine pumping. Semi Annual during the year. Tanks shall be pumped dry with accumulated grease scraped from the sides as necessary. 9. Services will begin October 1, 2023 through September 30, 2024. 9. This bid may be renewed annually for up to three additional increments. LOCATIONS Building Name Address _ Tank Volume in Gallons Month of Service Price Public Works - Main 1111 H Street Greeley 1000 June 044 Public Works Building 1 1111 H Street Greeley 1000 June I/66 Public Works Building 2 1111 H Street Greeley 1000 June I /6!0 Public Works Building 3 1111 H Street Greeley 1000 June 1/46 Public Works Building 6 1111 H Street Greeley 1000 June b V" Public Works Building 7 1111 H Street Greeley 1000 June /, / 46 Auft Grader Shed 41150 Tegan Ave, Ault 1000 4 July /,42 7o Kersey Grader Shed 23636 CR 54, Kersey 1000 July / 4 7o Motor Pool 1399 North 17th Ave Greeley 2500 July / b 7o Crime Lab 2329 115th Ave Greeley 1000 July /,‘, 70 Coroner 1121 M Street, Greeley 1000 July //4, 7p Grover Grader Shed 43339 CR 122, Grover 1000 August 1,76 6 Dacono Grader Shed 5500 Highway 52, Dacono 1000 August 1746 I Fort Lupton Grader Shed 7625 Road 31, Ft. Lupton 1000 August l766. 3J53 5( i Mead Grader Shed 5698 CR 34, Platteville 1000X2 August BID REQUEST #82300167 Page 8 Galeton Grader Shed 24980 Road 74, Galeton 1000 August 1,766 gt7 77,E Gill Grader Shed Gill 31244 3rd Street 1000 September Nunn Grader Shed 17065 Road 96, Nunn 1000 September 4_73 7, S Wash Bay (new) 1399 8 North 17'" Ave, Greeley 10000 September 9, 300 Jail (Grease Trap) 2110 O -Street, Greeley 24000 Apr & Oct a Sl oo OTAL FEE Provide your lump sum to provide this work. If there are additional items provide those total costs as well as a description. Lump Sum Total Other (describe) r&R RocenivE 6R 19 DD17-/ewn L, L'oA r,e._ °coASio.,9L CAR lIRSH CI.FANINt, C Po. -.T '._ $cop of tsoRK) Eegutp,E.vr IS flu - EP HOlAPL-Y 19S RCQur STED - H S'PRovr9t. Q aSe/`rtR - U19C TRccY TA,ir R Syn'ofr 1 aD iMR -- D'SPo SA L @ f 0.3 o%GALco•v BID REQUEST #82300167 Page 9 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on August 23.2023: 1) Pages 8 thru 11 of the Bid Specifications and/or Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300167 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #82300167. 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. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. 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. FIRM L1ig/6f/T CHO/GE BUSINESS ADDRESS i I K 3 7 sr — CITY, CITY, STATE, ZIP CODE E i/P,V C O ≥Obot O TELEPHONE NO q70- 739- 9973 FAX TAX ID# 9O -O S7P99O PRINTED NAME AND TITLE JEFF LvR /6 N r SIGNATURE E-MAIL tvA16#47"@ 1,4/6NT CNv/GE ItiG.C.A t DATE c'.�'` 3 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- 7. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0323 BID REQUEST #B2300167 Page 11 Form W-9 (Rev. October 2018) =Ton o : sue Request for Taxpayer Identification Number and Certification ► Go to www;(rs,grwiFcm tttff for instructions and the latest information. Give Form to the requester. Do not send to the IRS. es is o ai 1 Name (as atio•m on your income tax Wright Choice, Ino. is on this line; do not leave this pre blank. entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the fogowing seven twxes. ❑ Individual/sole proprietor or ❑ C Corporation O S Corporation ❑ Partnership O Trust/estate single -member LLC ❑ 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 class�wtion of the single -member owner. Do nol check LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owrrer of the LLC is another LLC that is not disregarded from the owner for U.S. federei tax purposes. Otherwise, a single -member LLC that is disiegatled from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (sea tnstructrxls) ► 6 Address (number, street, and apt. or PO Box 200046 a City, state, and 2IP code Evans, CO 80620 am 4 Exemptions (codes apply only to certain entities, not rdlitiduats: see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) account Taxp. Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid -1 Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later, For other entities, It Is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. N 9 0 0 5 9 9 WM 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 fora number to be issued to me); and 2. I am not subject to backup withholding because: (e) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For reel estate transactions, item 2 does not apply. Far mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Sfpnaturo of Here u.s. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (MN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns Include, but are not limited to, the following. • Form 1009-tNT (interest earned or paid) Date► 6-/-.2)/.9 3 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Fonn 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your corect TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Farm W-9 (Rev. 10-201t) ACC)R0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYVV) 9/19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson CONTACT K�' lie Carey, CISR, CIC NAME: (PAH/c No,Exq: (970)266-7148 I ra/c, No): 1970)506-6845 P.O. Box 578 ADDREE-MAIL SS: KCarey@floodpeterson.com INSURER(S) AFFORDING COVERAGE NAIL a Greeley CO 80632 msuRERA:Imperium Insurance Company 35408 INSURED msuRERB:Everspan Indemnity Insurance Company 16882 Wright Choice, Inc. msuRERc:Pinnacol Assurance 41190 P.O. Box 200046 msuRERD:Great West Casualty Company 11371 wsuRERE:Golden Bear Insurance Company 39861 Evans CO 80620-0046 INSURER F: COVERAGES CERTIFICATE NUMBER: GL, (2)CAU,WC, (3)XS,L/RUgp REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TVTVTYPE OF INSURANCE ADDL SUER JpISD MD, POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/OD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE OCCUR OGS-IIC-GL-0000144-02 8/1/2023 8/1/2024 EACH OCCURRENCE $ 1,000, 000 PREM SES (Ea o curDrence) $ 100,000 MED EXP ,Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1, 000, 000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY E Ter O LOC OTHER: GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Limited Work Site Pollution $ 1 , 000 , 000 A D AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X HIRED AUTOS SCHEDULED X AUTOS NON -OWNED X AUTOS OGS—IIC-CA-0000149-02 MCP61813O 8/1/2023 8/1/2023 8/1/2024 8/1/2024 COMBINED t)SINGLE LIMIT (Ea acciden $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined single $ 1, 000, 000 B E X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE PXIEII-000024-00 GBX53000490-01 8/1/2023 8/1/2023 8/1/2024 8/1/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED 1 1 RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A 4192731 8/1/2023 8/1/2024 X I STATUTE I I OERH E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 A A Leased/Rented Equipment Excess Liability OGS-IIC-IM-0000091-02 OGS-IIC-CX-0000119-02 8/1/2023 8/1/2023 8/1/2024 8/1/2024 25,000 Limit/1,000 Deductible 5,000,000/5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 701, Additional Remarks Schedule, may be attached if more space is required) This certificate is issued as a matter of INFORMATION ONLY and coverages reflected are as of the date of issuance. Please note that you will not be notified of any alterations of coverage unless you are specifically listed as the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 758 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80632 AUTHORIZED REPRESENTATIVE I K Carey, CISR, CIC/KC A1-6-'1' ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD tr ct Entity Information Entity Name* WRIGHT CHOICE INC Entity ID* @00047602 Contract Name * SAND OIL TANK & GREASE TRAP PUMPING SERVICE Contract Status CTB REVIEW Contract Description* PUMPING SERVICE Contract Description 2 Contract Type* CONTRACT Amount* $64,319.00 Renewable* YES Automatic Renewal Grant IGA O New Entity? Contract ID 7417 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/30/2023 GROUNDS 10/04/2023 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300167 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 09/03/2024 Renewal Date" 10/01/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 09/21 /2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/20/2023 09/20/2023 09/21/2023 Final Approval BOCC Approved Tyler Ref # AG 092523 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 09/25/2023 August 28, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Sand Oil Tank & Grease Trap Pumping Service - 82300167 As advertised this bid is for pumping services of sand oil & grease traps tanks at various locations. The low bid is from Wright Choice, Inc. and meets specifications. Therefore, the Facilities Department is recommending the award to Wright Choice, Inc in the amount of $64,319.00 annually. In addition, this bid permits annual renewal for up to three additional annual terms depending on performance. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(cr�.we ldgov. co m cgeiserhEiweldgov.com Phone: (970) 400-4222 or 4223 DATE OF BID: AUGUST 23, 2023 REQUEST FOR: SAND OIL TANK & GREASE TRAP PUMPING SERVICE DEPARTMENT: FACILITIES BID NO: B2300167 PRESENT DATE: AUGUST 28, 2023 APPROVAL DATE: SEPTEMBER 11, 2023 VENDOR TOTAL WRIGHT CHOICE, INC. 114 371H STREET EVANS, CO 80620 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. $64,319.00 2023-2505 BGi OO2S Hello