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Home My WebLink About20223607.tiffCunkvac�lDl:Fit-tu� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Service Agreement for the Purchase and Delivery of Various Gases with Airgas USA, LLC DEPARTMENT: Public Health and Environment PERSON REQUESTING: Jason Chessher, Executive Director Dan Joseph, Environmental Health Director DATE: September 27, 2023 Brief description of the problem/issue: For the Board's review and approval for placement on the consent agenda is a service agreement renewal between Aigas USA, LLC (Airgas) and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health, the Weld County Facilities Department and Weld County Public Works Department (Collectively "Weld County"). In 2022 the County completed the formal bid process for various industrial gases needed by the County. Through the bid process Airgas was selected and the original agreement completed was for one year with the ability to renew for three one-year periods at the discretion of Weld County. This agreement can also be terminated by either party with prior written notice. This service agreement is a county -approved, standard service agreement and eligible for placement on the consent agenda. What options exist for the Board? Consequences: If approved, none. If not approved, county would need to provide notice to terminate the agreement and would need to start the bid process fora new vendor to procure industrial gasses necessary for operations. Impacts: If approved, none. If not approved, costs for industrial gasses would increase without a service agreement. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Cost will increase as proposed in original bid from 2022- 5% increase. Comert+ PtrcitA- to/23/Z3 2o22-3coc"l OUTso 4A w054 Recommendation: I recommend approval of this service agreement with Airgas USA, LLC. Su000rt Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine -00 f (1-. - ig CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AIRGAS USA, LLC This Agreement Extension/Renewal ("Renewal'), made and entered into 13 day of lac, ly6vr—, 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Health and Environment, hereinafter referred to as the "Department", and Airgas USA, LLC, 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. 2022-3607, approved on December 28, 2022. 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 Agreement will end on December 28, 2023. • The parties agree to extend the Agreement for an additional one-year period, which began December 29, 2023, and will end on December 28, 2024. • 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. All other terms and conditions of the Original Agreement remain unchanged. 2. This Agreement can be renewed for one (1) additional one-year periods after the end of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Airgas USA, Inc. Authorized Signer Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair _ OCT 2 3 2323 r 2O�� -g CD 7 Contract Form Entity Information Entity Name * AIRGAS USA LLC Contract Name * AIRGAS USA, LLC SERVICE AGREEMENT EXTENSION/RENEWAL Contract Status CTB REVIEW Entity ID" @00004183 New Entity? Contract ID 7466 Contract Lead* KJAKUS-HOTCHKISS Contract Lead Email kjakus- hotchkiss@weldgov.com; tgeiser@weld.gov;Health -Contracts@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * SERVICE AGREEMENT FOR THE PURCHASE AND DELIVERY OF VARIOUS GASES WITH AIRGAS USA, LLC YEAR 2 OF 3 Contract Description 2 Contract Type* AGREEMENT Amount" $0.00 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department HEALTH Department Email CM-Health@weldgov.com Department Head Email CM-Health- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 10/14/2023 10/18/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID 6585 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 12/29/2023 Review Date* 10/02/2023 Renewal Date* 12/29/2024 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JASON CHESSHER DH Approved Date 10/16/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/23/2023 Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10/16/2023 10/16/2023 Tyler Ref # AG 102323 Originator KJAKUS-HOTCHKISS Cjrrtva& (i* 10585 Memorandum TO: Scott James, Chair Board of County Commissioners FROM: Gene O'Hara, Interim Executive Director Department of Public Health & Environment DATE: December 16, 2022 SUBJECT: Service Agreement for the Purchase & Delivery of Various Gases with Airgas USA, LLC For the Board's approval is a Service Agreement between Airgas USA, LLC (Airgas), and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (Health), the Weld County Facilities Department (Facilities), and Weld County Public Works Department (Public Works) (collectively "Weld County"). In September of 2022, Weld County completed the formal bid process for various gases needed by Health, Facilities & Public Works. To obtain various gases within State and Federal guidelines, this Agreement with Airgas provides for the safe and reliable acquisition the various gases used in the operations of Weld County through a vendor that is able to properly pickup, transport, deliver to a safe storage location at each facility and dispose of empty cylinders when necessary. This Service Agreement was generated following the award of this contract to Airgas under the county's RFB process, bid number B2200131, and will be effective November 1, 2022. The Agreement term is for one year, with the ability to renew for three one-year periods, at the discretion of Weld County. This Agreement can also be terminated by either party with prior written notice. This Service Agreement is a county -approved, standard Service Agreement and eligible for placement on the consent agenda. Assistant Weld County Attorney, Karin McDougal, has reviewed this Service Agreement and determined that its terms are acceptable. The Board approved placement of this on the Board's agenda via pass -around dated November 27, 2022. I recommend approval of Service Agreement with Airgas USA, LLC. r.('rl ) a4-1-/ fie) iz�2$�z2. 2022-3607 Bet 001,4 C� 00S0 L 54- BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: Service Agreement for the Purchase & Delivery of Various Gases with Airgas USA, LLC DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: November 27, 2022 PERSON REQUESTING: Gene O'Hara, Interim Executive Director Brief description of the problem/issue: For the Board's review and approval for placement on the consent agenda is a Service Agreement between Airgas USA, LLC (Airgas), and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (Health), the Weld County Facilities Department (Facilities), and Weld County Public Works Department (Public Works) (collectively "Weld County"). In September of 2022, Weld County completed the formal bid process for various gases needed by Health, Facilities & Public Works. To obtain various gases within State and Federal guidelines, this Agreement with Airgas provides for the safe and reliable acquisition the various gases used in the operations of Weld County through a vendor that is able to properly pickup, transport, deliver to a safe storage location at each facility and dispose of empty cylinders when necessary. This Service Agreement was generated following the award of this contract to Airgas under the county's RFB process, bid number B2200131, and will be effective November 1, 2022. The Agreement term is for one year, with the ability to renew for three one-year periods, at the discretion of Weld County. This Agreement can also be terminated by either party with prior written notice. This Service Agreement is a county -approved, standard Service Agreement and eligible for placement on the consent agenda. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The County received two (2) bids and after careful consideration of the bids by Health, Facilities & Public Works, Airgas was selected as the successful bidder. The products that Airgas will provide is a critical component used in the services provided by the three Weld County departments. It is staffs recommendation that the Agreement be approved to procure our necessary gases from this vendor. Alternatively, the Board could decline this Service Agreement with the vendor and Weld County could continue purchasing the various gases from Airgas, the current provider, who is no longer under bid contract with Weld County and may charge Weld County whatever rate it determines is reasonable for the purchase and delivery of these gases. Recommendation: I recommend approval of this Service Agreement with Airgas USA, LLC. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Seine Schedule Work Session Other/Comments: SERVICE AGREEMENT BETWEEN WELD COUNTY AND AIRGAS USA, LLC THIS AGREEMENT is made and entered into this 1st day of November 2022, by and between the Board of Weld County Commissioners, on behalf of Weld County Departments of Public Health and Environment, Public Works, and Facilities, hereinafter referred to as "County," and Airgas USA, LLC, 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. B2200131 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 for two (2) additional years, in alignment with the Contractor's three-year bid document 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 the bid amounts 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 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 2 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 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. 3 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 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, 4 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 party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Jerry Martinez Position: Branch Manager Company: Intermountain Region Airgas Address: 1621 15T Avenue Address: Greeley, CO 80631 E-mail: jerry.martinez@airgas.com Phone: 970-353-0312 TO COUNTY: Name: Tanya Geiser Position: Director, Finance & Contracting Department: Public Health and Environment Address: 1555 North 17TH Avenue Address: Greeley, CO 80631 E-mail: tgeiser@weldgov.com Phone: 970-400-2122 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 5 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. 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 6 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. Public Contracts for Services C.R.S. §847.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. 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. 7 30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the 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: AIRGAS USA, LLC By: Aug orized Signer \ qio z Date of ignature WELD COLC�� C:,dlD;t1 ATTEST: 1 Weld •u ty Clerk to the BY: •. tin / 40, Deputy ' lerk • the : BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott James, Chair GEC 282022 0200u-31°7 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: SEPTEMBER 20, 2022 BID NUMBER: B2200131 DESCRIPTION: GASES - VARIOUS DEPARTMENT: PUBLIC WORKS, FACILITIES & THE HEALTH DEPARTMENTS BID OPENING DATE: SEPTEMBER 29, 2022 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: GASES - VARIOUS Bids will be received until: SEPTEMBER 29, 2022 at 9:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on SEPTEMBER 29, 2022 at 9:30 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 Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. AM. Phone number: 720-439-5261 Phone Conference ID: 912459514 PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 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: 1. Emailed bids are required. Email bids to bids@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. PDF format is required. Emailed bids must include the following statement on the email: "I hereby B2200131 1 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 painted 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 timedf 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 timefixed 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 B2200131 2 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. 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 B2200131 3 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 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 pnorwritten 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 B2200131 4 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 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 ahy 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 — CRS §§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 obligations 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 or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authonzes funding to the successful bidder T 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 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 B2200131 5 1 V 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 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 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 5 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 pursuantto 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, they 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 B2200131 6 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'sCompensation 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 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 Automobrle,Lrabrlrty 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 B2200131 7 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. B2200131 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 "H" Street, Greeley, CO 80631 Estimated usage rate yearly of Gas CU Cylinder FT Price 1St per cylinder year Price 2nd per cylinder year Price 3rd per cylinder year Type 50 cylinders Large 300 C.F. Oxygen $ $ $ 6 cylinders 125 Small Acetylene C.F. Oxygen $ $ $ 6 cylinders Oxygen 200 C.F. — $ $ 20 cylinders Large Size 150 NWS CF Acetylene $ $ $ 12 cylinders Argon 25% Carbon Dioxide 376 C.F. -75% Argon $ $ $ 6 cylinders Small 90% 7.5% Carbon 106 Dioxide Mix 2.5% Tri Helium Argon C.F. DELIVERY: Deliver to: 1111 "H" STREET. CONTACT: Duane Naibauer 970-400-3786 Will need to be restocked every 2 weeks. WELD COUNTY FACILITIES DEPARTMENT 1105 "H" Street, Greeley, CO 80631 Estimated usage rate yearly of Gas CU Cylinder Price 1St per cylinder year Price 2nd per cylinder year Price 3rd per cylinder year FT I ype 1 cylinder Small Acetylene 125 C.F. Oxygen $ $ $ 1 cylinder Large Oxygen 337 C.F. $ $ $ 2 cylinder Small 40 Size CF Acetylene B $ $ $ 1 cylinder Large Size ' 50 NWS CF Acetylene $ $ $ DELIVERY: B2200131 Will pick up as needed. CONTACT: Larissa 970-400-2021 9 WELD COUNTY HEALTH DEPARTMENT - (GREELEY LOCATION: 2 DROP-OFF SITES: LAB & CLINIC) 1555 NORTH 17th Avenue, Greeley, CO 80631 Estimated rate yearly Type of Gas CU Cylinder FT Price 1St per cylinder year Price 2nd per cylinder year Price 3rd per cylinder year usage 4 cylinders* (Clinic) Small Size 13 Medical CF Oxygen D Approx. Grade $ $ $ 1 cylinder* (Clinic) Nitrous (N20) 174 CF Oxide Small 20 lb $ $ $ 1 cylinder* (Clinic) Large Medical Size E Oxygen 24 Grade CF $ $ $ (EHS 2 cylinders** Lab) Acetylene 99.5% Prepurified not acetone Photo 330 packed CF -metric purity, (Spectro C2H2 grade, in $ $ $ grd) (EHS 12 cylinders** Lab) Argon Ultra (UHP) 336 CF High (AR) grade. Purity $ $ $ (EHS 4 cylinders** Lab) Air Grade CF -Ultra (UZ) Zero 318 $ $ $ (EHS 4 cylinders** Lab) CF Purity Ultra (UHP) $ $ $ Hydrogen High 260 (EHS 6 cylinders** Lab) Nitrogen Zero CF Grade Ultra (UZ) $ $ $ 304 12 (EHS cylinders** Lab Helium Purity 291 Ultra $ $ $ CF (UHP) High B2200131 10 WELD COUNTY HEALTH DEPARTMENT - (SOUTH COUNTY CLINIC) 4209 CR 24-1/2, LONGMONT CO 80504 CURRENT HOURS OF OPERATION ARE WEDNESDAYS ONLY FROM 8-12 AND 1-5PM (THIS LOCATION WILL CHANGE IN YEARS 2-3 TO FORT LUPTON, 2950 9T" STREET) Estimated usage rate yearly of Gas CU Cylinder FT Price 1St per cylinder year Price 2nd per cylinder year Price 3rd per cylinder year Type 1 cylinder* (Clinic) Large Medical Size E-24CF Oxygen Grade 1 cylinder* (Clinic) Small Medical Size - owned County filled 13 container CF D as Oxygen Grade (Gas by but needed) is Weld needs only $ $ $ DELIVERY: * Clinic cylinders need filled annually and will call -in orders as needed. ** Lab cylinders will be call -in orders as needed. CONTACTS: Peter Graham (Environ. Lab), 970-400-2276 & Scott Tobey (Clinic), 970-400-2332 Cynthia Horn (alternative for Clinic), 970-400-2433. OTHER COSTS: (please specify if included in "price per cylinder" listed above Bottle Rental (per cylinder) - small (per cylinder) - large (per cylinder) - walk -about Hazardous Material Charge (State regulation) Delivery Charge/Fuel Surcharge per delivery $ Frequency of Delivery $ # of stops a week or as needed* If advance notice required for Will -Call Delivery(specify amount of time) per month per month per month $ per cylinder BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 9:00 AM on September 29, 2022: on or before the bid opening 1) Pages 9 thru 12 of the Bid Specifications. 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 B2200131 11 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. #B2200131. 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 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller B2200131 12 EXHIBIT B Rose Everett From: Sent: To: Subject: Attachments: KIRSCH, Steve <steve.kirsch@airgas.com> Wednesday, September 28, 2022 2:14 PM bids Airgas Bid For #B2200131 Airgas Bid #B2200131.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Please find the attached completed bid documents from Airgas for Bid #B2200131. Pages 9-12 of the bid have been sent. Please advise if there are any questions. Thank you, Steven 1 Kirsch I District Manager I Airgas Intermountain Airgas Inc an Air Liquide Company 4016 Joe Collier Ave 1 Dacono, CO 80514 808.658.0343 Cell STEVE. KI RSCH@AI RGAS. COM Find it anywhere at AIRGAS.COM 1 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING. WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 "H" Street, Greeley, CO 80631 Estmiated yearly usage rate Type of Gas CU FT Cylinder Price per cylinder 1se year Price per cylinder '2"d year Price per cylinder 3rd year 50 cylinders i Large Oxygen 300 CF. 33? $ 't5•'1 $ el• Irl $ q.Co3 6 cylinders Small Oxygen Acetylene 125 CF Ian $ -).v1 $ -).3C:7$ %•i3 6 cylinders Oxygen - O0 CF 2-6'1 $ 6. 5o $ 6.'6'1 '-7. 1 r] 20 cylinders Large Acetylene Size 150 CF S ISIS $ Iio. ° ? $ 43. 01, $ WS. I% 12 cylinders Argon -75% Argon 25% Carbon Dioxide 376CF 3SD VI 00 $ - 3O.4.5 $ 31. el r% $ 6 cylinders I i Small Tri Mix 90% Helium 75%Argon25% Carbon Dioxide 106CF )1.:5- 1")O 12 14C•(09 I2. S�1 DELIVERY Deliver to 1111 "H" STREET CONTACT Duane Naibauer 970-400-3786 Woll need to be restocked every 2 weeks. WELD COUNTY FACILITIES DEPARTMENT 1105 "H" Street, Greeley, CO 80631 Estimated yearly usage rate Type of Gas CU FT Cylinder Price per cylinder 15" year Price per cylinder 2"d year Price per cylinder 3rd year 1 cylinder I Small Oxygen Acetylene 125 CF 17-5- $ --).0) $ �•rJCo $ 7 �3 1 cylinder { Large Oxygen 337CF 3�7 $ �`� $ 9.1� $ �3 2 linder Small Acetylene Size B 40 CF HO $ I1.Z--9 $ )O6.H$ )ei.0� 1 cylinder I Large Acetylene Size 150 CF P"K. $ HO -CI') $ L13•01, $ Lls I`7 DELIVERY. Will pick up as needed. CONTACT Larissa 970-400-2021 02200131 9 WELD COUNTY HEALTH DEPARTMENT — (GREELEY LOCATION 2 DROP-OFF SITES. LAB & CLINIC) 1555 NORTH 17th Avenue, Greeley, CO 80631 Estimated yearly usage rate Type of Gas CU FT Cylinder Price per cylinder 1st year Price per cylinder 2"d year Price per cylinder 3rd year 4 cylinders* (Chic) Small Oxygen Medical Grade Size D Approx 13CF I '-5-� ' $ 1-1.q $ S. Lv $ 5- 69 1 cylinder* (Clinic) Nitrous Oxide (N20)Small 20 lb 1 2O $ ?,Cy_ ��-j $ ) I.5 $ H . �5' 1 cylinder* (Clinic) I Large Oxygen Medical Grade Size E24CF tt.1 16 '51 $ )1. 'jc-1 $ ) as. 21 $ 2 cylinders** (EHI Lab) I Acetylene C2H2 99 5% purity, Prepunfied grade, not packed in acetone (Spectro Photo -metric grd) 330 CF "55O $ 14 o . 'b [�► $ 1 q —t • q l $ LOCI- e I 12 cylinders** (EHS Lab) Argon (AR) Ultra High Purity (UHP) grade. 336 CF 33 6 $ 3 6 Z."b $ .J`6S. CAL{ $ 3C1 • Ci Li 4 cylinders** (EHS Lab) Air -Ultra Zero Grade (UZ) 318 CF 51 46 $ 31p • 17 $ Y6- "j $ 1'1 v '-'5"- 4 cylinders** (EHS Lab) ' Hydrogen Ultra High Purity (UHP) 260 CF %i(Q $ 1,9Cj. ) (p $ '71.v. CoZ $ Ada Lj5-- 6 cylinders** (EHS Lab) , Nitrogen Ultra Zero Grade (UZ) 304 CF DH $ ?jt --) 2 $ bLI is (p 9 �j(D. O'6 12 c $Inders** (EHS Lab Helium Ultra High Purity (UHP) 291 CF Ze1 I $ 1-012.e6" Ci '$ 1.1,O X12 $ Z66-;5Cc 82200131 10 1 LJ,' WELD COUNTY HEALTH DEPARTMENT - (SOUTH COUNTY CLINIC) 4209 CR 24-1/2, LONGMONT CO 80504 CURRENT HOURS OF OPERATION ARE WEDNESDAYS ONLY FROM 8-12 AND 1-5PM (THIS LOCATION WILL CHANGE IN YEARS 2-3 TO FORT LUPTON, 2950 9TH STREET) Estirnated yearly usa e rate _ Type of Gas CU FT Cylinder Price per cylinder 16' year __ Price per cylinder 2"d year Price per cylinder 3m year 1 cylinder* (Clilic) Large Oxygen Medical Grade Size E — 24 CF - �L.� I Lo. S) 1...-), 7�4.) la6 2_1 1 cylinder* (Clihic) I Small Oxygen Medical Grade Size D (Gas only - container is owned by Weld County but needs Milled as needed) 13 CF l L' - $ $ ' 21-) $ < Li c DELI\)ERY: * Clinic cylinders need filled annually and will call -in orders as needed Lab cylinders will be call -in orders as needed. CONTACTS- Peter Graham (Environ. Lab), 970-400-2276 & Scott Tobey (Clinic), 970-400-2332 Cynthia Horn (alternative for Clinic), 970-400-2433 -OTHER COSTS: (please specify if included in "price per cylinder" listed above Bottle rental (per cylinder) - small - -- - - $ " OO - per month (per cylinder) = large-- $ 6'. OO per month (per cylinder) - walk -about $ S. G'1 per month Hazardous Material Charge (State regulation) $ S 4-0 per *fell Deliveryy Charge/Fuel Surcharge per delivery------------------ $ 'L=7... OO Frequency of Delivery - - $i4S n�� -# of stops a Week or as needed* If advance notice required for Will -Call Delivery(specify amount of time)p reAiloos cal 11 'l..: ODpry‘ BID SUBMITTAL INSTRUCTIONS. 'The fdllowing items must be completed and submitted with your bid on or before the bid opening deadline of 9:00 AM on September 29, 2022: 1) ` Pages 9 thru 12 of the Bid Specifications 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 fors new bidders If you have previously worked with Weld County, only provide your V1/9 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 incon>iplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified 82200131. 11 BUSINESS � ADDR_v2. 1SS I (1 S-- Ave.. CITY, STATE, ZIP CODE G'Dr2e.-�e,\j i CA'• '6VLo 5 TELEPHONE NO "19 0 l'‘.3 0-5)2, )) , FAX CI -10.35'5. C'3 J \ TAX ID # 3-6 d7ZC�Oj� 3 PRINTED NAME AND TITLE e_ve....n--n. )4,v -'SC.' / '''-'1•47(•-i r1 OA 1o.n..pQ..r sIGNTURE l l - . �- ,--ter -� E-MAIL , C / To, or- �,n i plo-ewe.....an-iH Airy ,S'�Uc� �.1�ve-.1C-,�sr.i.v�c.v.--c�as. �w, or a main i a.k $ Y,a e�.nf . rn c. n �Z.r). G: 5 J ,% e C�tlM DATE i \ The urjdersigned, 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 #82200131 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 N,C15.3.5 USA WELDCOUNTY IS EXEMPT FROM COLORADO SALES TAXES THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000 YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY i deputy Clerk to the Board Scott K James, Chair APPROVED AS TO SUBSTANCE 022000.31 Elected Official or Department Head Controller 2 t0)41 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters weidgov.com E-mail: reverett©weldgov.com E-mail: rturfcweldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: SEPTEMBER 29, 2022 REQUEST FOR: GASES - VARIOUS DEPARTMENTS: BUILDINGS & GROUNDS, HEALTH DEPARTMENT & PUBLIC WORKS BID NO: B2200131 PRESENT DATE: APPROVAL DATE: (DUE TO COST DOES NOT NEED TO BE PRESENTED TO BOCC) CONTRACT WILL BE NOVEMBER 1, 2022 THROUGH OCTOBER 31, 2023, WITH OPTION TO RENEW AN ADDITIONAL 2 YEARS VENDORS GENERAL AIR SERVICE & SUPPLY 1700 1ST AVENUE AIRGAS USA, LLC 1621 1ST AVE GREELEY, CO 80631 BOTTLE RENTAL PER MONTH PER CYLINDER SMALL - $6.00 LARGE - $6.00 WALKABOUT -$4.00 HAZARDOUS DELIVERY MATERIAL CHG CHARGE $0.00 IF DELIVERED $25.00 + 10.00 FUEL SMALL - $5.00 $5.50 PER LARGE - $5.00 DELIVERY WALKABOUT - $5.00 $22.00 FREQUENCY OF STOPS ADVANCED NOTICE REQUIRED 3 24-48 HRS DELIVERY/ ZERO FOR WILL CALL AS NEEDED PREVIOUS DAY BEFORE 2PM PAGE 2 - REQUEST FOR' GASES - VARIOUS DEPARTMENTS BUILDINGS & GROUNDS, HEALTH DEPARTMENT & PUBLIC WORKS BID NO. B2200131 WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 "H" Street, Greeley, CO 80631 Estimated yearly usage rate Type of Gas CU FT Cylinder Price per cylinder 1St year Price per cylinder 2nd year Price per cylinder 3rd year 50 cylinders Large Oxygen Airgas - 337 $8 73 $9 17 $9 63 Approx 300 C F General Air -307 $11 00 $11 44 $11 90 6 cylinders Small Oxygen Acetylene Airgas - Approx 125 CF $7 01 $7 36 $7 73 Approx 125 C F General Air -125 $8 00 $8 32 $8 65 6 cylinders Oxygen — Approx Airgas - 251 $6 50 $6 83 $7 17 200 C F General Air -251 $9 25 $9 57 $9 95 20 cylinders Large Acetylene Approx 150 C F Airgas - 145 $40 97 $43 02 $45 17 Size NWS General Air -150 $35 00/hcf $36 40/hcf $37 86/hcf 12 cylinders Argon -75% Argon 25% Airgas — 350 $29 00 $30 45 $31 97 Carbon Dioxide General Air -336 $35 00 $36 40 $38 86 Approx 376 C F. 6 cylinders Small Tn Mix 90% Helium Airgas - 125 $130 12 $149 64 $152 57 7 5% Argon 2 5% General Air -119 $118 00** $122 72** $127 62** Carbon Dioxide F Approx 106 C F PAGE 3 -REQUEST FOR GASES - VARIOUS DEPARTMENTS BUILDINGS & GROUNDS, HEALTH DEPARTMENT & PUBLIC WORKS BID NO. 82200/31 WELD COUNTY BUILDINGS & GROUNDS DEPARTMENT 1105 "H" Street, Greeley, CO 80631 Estimated yearly , usage rate Type of Gas CU FT Cylinder Price per cylinder 1St year Price per cylinder 2nd year Price per cylinder 3rd year 1 cylinder Small Oxygen Airgas — 125 $7 01 $7 36 $7 73 Acetylene — Approx -- 125 C F General Air -125 $8 00 $8 32 $8 65 1 cylinder Large Oxygen Airgas — 337 $8 73 $9 17 $9 63 Approx 337 C F General Air -307 $11 00 $11 44 $11 92 2 cylinder Small Acetylene Airgas - 40 $17 27 $18 14 $19 05 Approx 40 C F Size B General Air -40 $24 25 $25 22 _ _ $26 23 1 cylinder Large Acetylene Airgas - 145 $40 97 $43 02 $45 17 Approx 150 C F Size NWS General Air -150 $35 00/hcf $36 40/hcf , $37 86/hcf PAGE 4 - REQUEST FOR: GASES - VARIOUS DEPARTMENTS: BUILDINGS & GROUNDS, HEALTH DEPARTMENT & PUBLIC WORKS BID NO: B2200131 WELD COUNTY HEALTH DEPARTMENT - (GREELEY LOCATION: 2 DROP-OFF SITES: LAB & CLINIC) 1555 NORTH 17th Avenue, Greeley, CO 80631 Estimated usage rate yearly Type Yp of Gas CU Cylinder y FT Price cylinder 1St year per Price cylinder 2nd year per Price 3rd per cylinder y year 4 cylinders* (Clinic) Small Medical Oxygen Grade Airgas -15 $4.95 $5.20 $5.46 Size 13 CF D Approx. General Air -15 $8.00 $8.32 $8.65 1 cylinder* (Clinic) (N20) Nitrous Oxide Small 20 lb Airgas -20 $39.59 $41.57 $43.65 174 CF General Air- $81.60 $84.86 $88.26 1 cylinder* (Clinic) Large Medical Oxygen Grade Airgas -24 $16.51 $17.34 $18.21 Size E 24 CF General Air -25 $9.00 $9.36 $9.73 2 (EHS cylinders** Lab) Acetylene 99.5% purity, C2H2 Airgas -330 $190.39 $199.91 $209.91 Prepurified not packed grade, in General Air -390 $205.00 $213.20 $221.73 acetone (Spectro Photo -metric grd) 330 CF (EHS 12 cylinders** Lab) Argon Ultra (AR) Purity Airgas -336 $36.23 $38.04 $39.94 High (UHP) 336 CF grade. General Air -336 $96.00 $99.84 $103.83 (EHS 4 cylinders** Lab) Air Grade -Ultra (UZ) Zero 318 Airgas -318 $36.60 $38.43 $40.35 CF General Air -310 $60.95 $63.39 $65.92 (EHS 4 cylinders** Lab) Hydrogen High Purity Ultra (UHP) Airgas -260 $69.16 $76.62 $80.45 260 CF General Air -300 $46.77 $48.64 $50.89 6 (EHS cylinders** Lab) Nitrogen Zero Grade CF Ultra (UZ) Airgas General -304 Air -304 f $32.72 $52.48 $34.36 $54.58 $36.08 $56.76 304 12 (EHS cylinders** Lab Helium Purity 291 CF (UHP) Ultra Airgas General -291 Air -291 $200.80 $248.12** $230.92 $258.05 $265.56 $268.37 High PAGE 5 — REQUEST FOR: GASES - VARIOUS DEPARTMENTS: BUILDINGS & GROUNDS, HEALTH DEPARTMENT & PUBLIC WORKS BID NO: B2200131 WELD COUNTY HEALTH DEPARTMENT - (SOUTH COUNTY CLINIC) 4209 CR 24-1/2, LONGMONT CO 80504 CURRENT HOURS OF OPERATION ARE WEDNESDAYS ONLY FROM 8-12 AND 1-5PM (THIS LOCATION WILL CHANGE IN YEARS 2-3 TO FORT LUPTON, 2950 9TH STREET) Estimated 9 rate yearly Type of Gas CU Cylinder FT cylinder 1St Price per year Priceper 2nd cylinder y year der Price 3rd per cylinder year usage 1 cylinder* (Clinic) Large Medical Size E Oxygen Grade 24 CF Airgas General -24 Air -25 $16.51 $9.00 $17.34 $9.32 $18.21 $9.73 — 1 cylinder* (Clinic) Small Medical Size - owned County filled 13 container CF D as Oxygen (Gas by but Grade needed) is Weld needs only Airgas General -15 Air -15 $4.95 $8.00 $5.20 $8.32 $5.46 $8.65 Contract Form New Contract Request Entity Infcarrlrlaton Entity Name* AIRGAS USA LLC Contract Name* AIRGAS USA, LLC SERVICE AGREEMENT Contract Status CTB REVIEW Entity ID* W00004183 ❑ New Entity? Contract ID 6585 Contract Lead* BMANRIQUEZ Contract Lead Entail bman r i q u e z0 we l dgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* SERVICE AGREEMENT FOR THE PURCHASE AND DELIVERY OF VARIOUS GASES WITH AIRGAS USA, LLC YEAR 1 OF 3 Contract Description 2 Contract Type* AGREEMENT Amount* 30.00 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department HEALTH Department Email CM -Health 8wel dgov.com Department Head Email CM -Health DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Requested BOCC Agenda Date* 12;28/2022 Due Date 12,''.24,'2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Effective Date 11/01/2022 Qates Review Date 09;01/2023 Renewal Date* 11,=01/2023 Termination Notice Period Committed Delivery Date Expiration Date 11i01/2023 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchas Purchasing Approver Approval Process Department Head TANYA GEISER DH Approved Date 12/20/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/28/2022 Originator BMANRIQUEZ Finance Approver CHRIS D'OVIDIO Purchasing Approved Date Finance Approved Date 12/20/2022 Tyler Ref # AG 122822 Legal Counsel MATTHEW CONROY Legal Counsel Approved Date 12/20,/202.2 Hello