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Home My WebLink About20221104.tiffContva c ' t Boa S5 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: 2023 Renewal for the Emulsion Dust Control supply to be used on road construction DEPARTMENT: Weld County Public Works DATE: 24 APR 2023 PERSON REQUESTING: Ron Graves, Weld County Public Works Brief description of the problem/issue: The Cobitco, Inc Agreement may be extended from May 2, 2023 to May 17, 2024, as permitted by the contract. This extension would be the second (2nd) year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the Engineering News and Record (ENR) for Asphalt PG 58 oil in Denver, which did have an increase of 9.5%, Cobitco has asked for a cost increase this year of 4.16% which falls within the ENR limits and submitted a bid schedule that shows the increase. This 2023 bid schedule will replace the 2022 bid schedule on original bid. The budget amount for 2023 is $105,000.00. Public Works does not anticipate going over the approved budget amount. Cobitco was awarded this contract in 2022 as the low bid vendor, the department has been satisfied with their product. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board may either approve or deny the contract renewal/extension. Recommendation: Public Works recommends the approval of the Contract extension/renewal to Cobitco, Inc under the Emulsion Dust Control contract. ° vorove Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Cor6.61-F PPItild6•- 5/2tt/L3 Cc td) 5/a 4( 023 2oz2- 1104 WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & COBITCO. INC COI IEREX EMULSION DUST CONTROL THIS AGREEMENT is made and entered into this Z4'4day of May 2023, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and COBITCO, INC whose address is 5301 N. Bannock St. Denver, CO 80216, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor certain materials as described in Exhibit A, and WHEREAS, Contractor has the ability, qualifications, and time available to timely provide these materials, 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 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 Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor 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 described in bid presented to and approved by BOCC. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through a one year period. After the initial one year period it may be renewed upon written consent of both parties for subsequent renewal of the second and third additional one-year periods 4. 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. 5. 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 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. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 7. 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. 8. 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. 9. 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. 10. 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. 11. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a 02o -//O 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. 12. Governmental Immunity. No term or condition of this 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. 13. 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. 20 el WITNESS WHEREOF, the parties hereto have signed this Agreement this CONTRACTOR: CO AO,TCO ikta By: Name: Title: Date -2d WELD COUNTY: �i ATTEST: do: `" ;"' BOARD OF COUNTY COMMISSIONERS Weld Co Jerk to the BWELD COUNTY, COLORADO BY: day of4a. Mike Freeman, Chair MAY 2 4 2023 .2o..24 -//o44 2023 BID SCHEDULE Item #1: Bid price shall be plant price only. Item #2: Total price shall include the price of material, delivery to site and transferring the product to a Weld County truck. Ileml lttra price Per DigP P.tl� liant LocationUnit 1 Emulsion Dust Control Up to 55,000 Gallons A A r s® S 5, p4A, bp-lt, ` .1"-~a_ Plant Price and Delivery Price to be within 60 -mile radius of Weld County Public Works «un .47% -- a -' Item Quantity Shit Price Per ISM Erica Plant 3- orx Shit 2 Emulsion Dust Control Agent and Up to 46,000 Gallons # j ` 1 6 53Qn 136 0 �t° K V� h GI COelivery GRAND TOTAL BID (Item *1) $ SS, Uo,o© GRAND TOTAL BID (Item #2) $. 5313 6 0. 6 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.p 2. The quotations 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 proposal 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 0 i+C4 j —k). , BY 3 ve-. °tams a)/ - �p (Please print) BUSINESS a L> c inlkti t t t r e C DATE44 Gb c i/ 2 •z 3 CITY, STATE, ZIP CODE #/Ivry. COt % TELEPHONE NO 30 3 "2 7 -1357.5 FAX 303 -??7 - 3 4 29 TAX ID # g t - V .50►23 / SIGNATUREjtL4o%'Jf E-MAIL , f v g s �i'I c M.SA oil 0 f<6, r C o ar, ACQI CERTIFICATE OF LIABILITY INSURANCE RENEWAL/ "a/ 1/2023 05/01/2023 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate Ilokier Is an ADDITIONAL INSURED, the pallcy(I ) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pain. may require an endorsement. A statement on this certificate does not confer ciliate to the snnitanate holder In Ilan of .lath a). PRODUCER MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 38 NORTHGLENN, CO 80234 ti BOI 1M. Nat. tj RrBU AFFO11OIVG OOVERUUE NAIL a! lHELMER A: TRAVELERS 25674 INSURED COBITCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80616 l.l......, ` � INSURER a: PINNACOL ASSURANCE 41190 INSURER G: INSURER D: INSURER E: INSURER F: REVISION NUMBER: I nns ue I LI tUCH IWY I HA, THE PouIIE3 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUtFEMENT, TERM OR COND10ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EAY EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MHAVE BEEN REDUCED BY PAID CLAIMS. VP TYPE OF INSURANCE POLICY NUMBER LIMTTS X COMMERCIAL OEN.aAL LIABILITY ICLAIMS -MADE OCCUR X Y -630501D4153 1/1/23 1/1/24 EACH OCCURRENCE 9 1,000,000 ) , 100,000 MEDESP(Anyone pion) 9 5.000 PERSONAL & ADV INJURY 0 1,500,000 E 2,000,000 a 2,000,000 s GENT AGGREGATE UMIT APPLIES PER: POLICY ❑ JECT LOC cTTNER: GENEN.AGGREpATN PRODUCTS - COMP/OP AGO AUTOMOaILE X A LIAEILITY ANY AUTO I ">tONLY ONLY s - LED BA2L603905 1/1/23 1/1/24 el(S D'UMIT s 1000 000 , , BODILY INJURY IPw person) a BODILY INJURY (Pet =Mere) S E s ' A UMBRELLA LIAR X OCCUR EXCISEU►B CLAIMS -MADE CUP0J532191 1/1/23 1/1/24 EACH OCCURRENCE $ 2,000,000 $ 2,000,000 AGGREGATE OED I RETENTION 9 9 WORKER. COMPENSATION AND EMPLOYERS. LIABILITY YIN B ANY PROPRIEBORfPART XECtmVE a I H URNS tgitAv NIA 381672 10/1/22 10/1/23 X I STATUTE ER e.L. EACH ACCIDENT 9 500,000 EL. DISEASE • EA EMPLOYEE 0 500,000 EL DISEASE • POLICY UNIT I 500,(200 DESCRIPTION OF OPERATION. / LOCATIONS / VEHICLES IACORD 101, Additional IN.. Schedule, may be anahed R mon space Is required) AS REQUIRED BY CONTRACT, WELD COUNTY, ITS SUBSIDIARY, PARENT, ASSOCIATED AND/OR AFFILIATED ENTITIES, SUCCESSORS, OR ASSIGSN, IT'S ELECTED OFFICIALS, TRUSTEES, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY. ,.G.1T,......!!, Ell., ..Y,w ANCELLATION WELD COUNTY 1111 H STREET P.O. BOX 758 GREELEY, CO 80632 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE %C0RD 25 (2016/03) The ACORD name and logo are registered marks of ACORD d51Z188 2015 ACORD CORPORATION. A HOW reser a for for T Flom to Ow wopwrar. No ■ot mod to Oa INL cods (II avy, alum was for *mats tob.Sad la mob and 411141110. PI.. ast b000 NNW by go *mug ammo fast NSW.. • alydarffo. or do. f10 0naullydnrs fief an u +te t and on abloom IS mot bdnM'p foe too swot taws r oa+.ct. boo MOW W No re Vigra, so woe, wl1nt Io Wimp olitokl a bloom Fordos ssrnrs+s Wood pad. loanto t000 taanrploot lomattpelts oar ansorlI .Solo Mfr Cad. so.* eborolos dosdasnords onadad oho lswaptn'd to fir sn ono comotistpispir bor. oboot*oomoor Cat Na 10TRIX Door► 2018 • Fawn 10/6 flN adis ds, Maeda fros. town sods or wad tunas • Farm 1aue. be (Melo n typrr of'+noon». lrrro, /sodr, a Pon womb. • mural fund Nee and mai dnr liminalmul by • Fern OMNI Imwads ton sal a41s tsrnswll aq • Fomn 101041.matia cad ofd Sid arty rasa* tassiland • Fact 'boor sap. MAosM(, Mid roast fan Moo* ISIS T WOO • Fan /iCd dsbq • Farr IOWA Isalaon a absndamrosni d sound Paw* Use Fawn MW ny k you are to U.S, pawn Isom to wd . ark impala yaw casTML If yon do not morn Fan YWi b aha wtpant r sal a Dv, lee ne e be atdost 1DOolobkaMMtfN4Soo NMI rt oillaoldbo. form ifif4plo.tt-tots Contract Form New Coot Enid Info Entity Name* COBITCO INC. equest Contract Name* EMULSION DUST CONTROL Contract Status CTB REVIEW Entity ID. ;00024895 ❑ New Entity? Contract ID 6935 Contract Lead RG RAVES Contract Lead Email rg rave s ,weldgov. co m Contract Description* EMULSION DUST CONTROL FOR ROAD CONSTRUCTION PROJECTS Contract Description 2 Contract Type* AGREEMENT Amount $105,000.00 Renewable* YES Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks/gweldgov.com Department Head Email CM-PublicWorks- Oe ptHeadC0weldgov. co m County Attorney BRUCE BARKER. County Attorney Email BBARKERACO. WELD.CO.US Requested BOCC Agenda Date* 05/08/202.3 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05/04/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 62200078 If this is a renewal enter previous Contract ID If this is part of a NSA 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 Effective Date Termination Notice Period Review Date * 01!15/2024 Committed Delivery Date Renewal Date* 05/03/2024 Expiration Date Contact Info Contact Contact Name turcnas�r CONSENT Approval Prt�ce Department Head .CURTIS HALL DH Approved Date 05/22/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/24,2023 Originator RGRAVE5 Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 05/22,2023 Finance Approved Date 05/22/2023 Tyler Ref # AG 042423 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 05,'22;`2023 one i �5t31 WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & COBITCO, INC FOR COHEREX EMULSION DUST CONTROL cith THIS AGREEMENT is made and entered into this day of c.1l.0IQ2022, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and COBITCO, INC, a corporation, who whose address is 5301 N. Bannock St, Denver, CO 80216, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor coherex emulsion dust control as described in Exhibits A and B, 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 Exhibits A and B, of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200078. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor 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 described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. oon5m4-Nerdp olo/oil zZ I r•�� PA -6064-€-/ (PG()) Mr, I 104A i#/e/aa Cczon0 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. 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. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. 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 drawings, drafts or other documents it has completed or partially completed 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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 Modification. 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. 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. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall he of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. S. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $97,350.00 which is the bid set forth in Exhibit B. Contractor 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 Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor 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 as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. 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 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. Contractor 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 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. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor 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. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor 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. 14. 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, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the 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 shall exist 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 materials, equipment, or service 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. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. 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 of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, 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 a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all 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. 16. Insurance and Indemnification. General Requirements: Contractors 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. Contractors 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 that the County will be notified of any reduction, loss, or modification ion to coverage. Such notice shall be sent to the Weld County Director of General Services 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 Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor 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 coverage's 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 this Contract 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. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor 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 Contractor to conform to any statutes, ordinances, regulation, 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, or on account of or in consequence of neglect of the Contractor 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 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. Types of Insurance: The Contractor 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 Contractor's Contract Professional'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 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 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; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: 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. Contractors 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 related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor 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, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor'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 coverage's required of Contractor. Contractor 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. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. 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. 18. Examination of Records. To the extent required by law, the Contractor agrees that any 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. 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. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: COBITCO, INC. Attn.: Sales Representative Address: 5301Bannock St. Denver, 80216-1623 Address: E-mail: steve.marshall@cobitco.com Phone:970-520-1278 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Duane R. Naibauer Position: Weld County Road and Bride Construction Supervisor Address: 1111 H St. Greeley, CO 80632-0758 Address: P.O. Box 758 Greeley, CO 80632-0758 E-mail: dnaibauer@weldgov.com Phone: 970-400-3786 21. 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. 22. 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. 23. 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. 24. 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. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver 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 Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any 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 Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. 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. 27. Governmental Immunity. No term or condition of this 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. 28. 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. 29. 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. 30. 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. 31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 32. ,Itornevs . Fees/Lcval 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. 33. 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 A and B, 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. i ITNESS WHEREOF, the parties hereto have signed this Agreement this 0 day of , 2022. CONTRACTOR: , Lopt lca By: d�:lr„%t1'rX. Name: St< v vi /Hof. a/( Title: gales Repo se t 1S. e Date WELD COUNTY: C� ATTEST: Jedit04 Weld CClerk to the Board BY: Deputy Cler�� to the :oar- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Pro-Tem JUN 0 8 2022 ogoO2O2- /l v d/ Rose Everett From: Sent: To: Subject: Attachments: Steve Marshall <steve.marshall@cobitco.com> Monday, April 11, 2022 9:45 AM bids 2022 Emulsion Dust Control Agent B2200078 WeldCo_2022_Emulsion_Dust_Control Agent_B2200078.pdf coal Government Do neecifetainkt or op c et£ nt s you recognizethe_: Weld County Purchasing Dept Sending my request for bid on 2022 Emulsion Dust Control Agent B2200078. "I hereby waive my right to a sealed bid." Steven M. Marshall Sales Representative COBITCO, Inc. 5301 Bannock St. Denver, CO 80216-1623 Office & Fax (970) 522-7774 I Cell (970) 520-1278 I steve.marshall@cobitco.com I www.cobitco.com BID $CHED9LE Item #1: Bid price shall be plant price only. Item #2: Total price shall include the price of material, delivery to site and transferring the product to a Weld County truck. Plant Price only ItemtemPlant Item Quantity Price Per LocationIL,rice Unit ;tai 1 Emulsion Dust Control 58,000 Up to Gallons4 0 or A3548OY 1 f 4 . Plant Price and Delivery Price to be within 60 -mere lus of Weld County Public Works 1111 "H" St. Greeley, CO 80632. r . Mal item Unit Price Per Total Lemi Plant Location nit Price • 2 Emulsion Dust Agent Delivery Control and IZ£+sacie 46,004 Up to Gallons 4 v v Co_ e GRAND TOTAL BID (Item #1) $ £ 5$0? ' GRAND TOTAL BID (item #2) $ Si t S. Q i e' O 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. #B2200078. 2. The quotations 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 proposal 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. 82200078 FIRM C0h;&0 --14/t C1 BY Sit I/L' vlg Matsh// BUSINESS / (Please print) ADDRESS Oi N B�/ZY1Qck Seef DATE L_ /' )0 :2,Z Denver CO DSO -2l6 CITY, STATE, ZIP CODE TELEPHONE NU � 3•;1 `j6^sS Fax.303. .e7. 3 a -Z � SIGNATURE • TAX ID # B -OSOY-23 9 E-MAIL S lev E-MAIL .S re v e v Lp� COL? 1.-cf COM 12 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS 098-03551-0000. BID SUBMITTAL INSTRUCTIONS: The following Items must be included with your bid submittal: Acknowledge and understand the above required bid documents. Dated this By day of A rsi) nitt2) �t3) Completed pages 11 thru 13 of the Bid Specifications. W9, if applicable*. Any future Addenda must be completed. *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 may result in your proposal being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. I have initialed each of the above items and have fully executed the corresponding documents. I hereby C Obi co 7144c, (Contractor) zo 241. Tine Q' f c� � RepreA/ic 82200078 13 Fot m W-9 Rev October 2018) Arpatnttttrt at TM Traauv r tort b3,1 Retinue Sews 0 y 3 Request for Taxpayer Identification Number and Certification ► Cto to www.irs,gov/ForrtnW9 for Instructions and the knead information. T f Nanw ths, qhawn on your income that rotuns). t tans' is required on lilts tai, tic not leaven trtls lino blank ( -II -4. I c_r- Business n rreldism9 entity morns. it different from above Ammosaran Give Form to the requester. Do not send to the Its, 3 Cnock appropriate e>ox for tedaral tax ciassiticrrlton of the porreor whose name is entoregi on tine t Check only one of the fnhlnwinq seven t)OXO$ p tnaivictuai.rsote prcprtelor or sint�ic•;�tnr bar LAC ❑ C Corporation 'Corptlrallon L.� Partnership ❑ trolticaslati? t calash$$ ia4Giltty company Enter mg tax otnss ttcation {C . C corporation. SYS COrpointirm. P= Pnrfat:or,ttij)) Nola: ettock the fctuupristu box tit titan ttr'te'G 400V0101I110 1110 ten attst l.tiCAf on of t+tta Sltr(-rrWrterjys ottrnea rio not check I W :1 tiw LLC ;;t classtrftod ea a smote, mambas LL,C Mal it tin/Named from tnee owner anions the Owner ci Ova t Lc to arratfier U C rruu is not disregarded tram Inc owner for U S todnrnl tat ptonoses Edit rWise, a singleHrerthar t t. C raft s ►1� rc ;I�tTt t1 rtcrrt the owe-yr %ttoukt Cno k the appropriate box kir Inc Paz class:rt(40w of It; o.cnc: Otner %ao trtnts,jc41ortfl ► 5 r1 dais motto. Ore*and apt. or suite .to ) Bee Pt i r 6 City, qute. and Zit' code iorts j�. f ":.. . e f List accc,fa nurt er(w Remy tcptlonnt t 4 &emotions (codas eppty only to cerium entitles. not individuals; Ace nstructaons On page 3). Exempt payee coos& lit any) Exemption from FATGA rAporten; 4atfe (if tiny) 'APPite itts,c ?AU 1,441 yeUk.JS) frquuseru'ts rtunle t1r .t ree:; (onitr-,bats Taxpayer Identification Number (tIN� Enter your TIN in the appropriate fox. 11* TIN provided must match the flame won on tine t to avoid imckup withflokling. For indivkttults, this is generally your Social security number (SSW). However (or 4 r•zs4ent ttlien* sole proPtiCtOror disregarded entity. sae the instructions for Part I. cater. For nhlwt entities it is your employer identification number (EIN) tf 'rou do not have a number, tee I'fovi to gat a TIN, inter Note: If the account is in more than one name, see the instructions for line 1, Also see What Name end Number To Gwe the Requester for guidelines on whose number to enter. Certification or Employer identification number Under penalties of perjury. I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am wailing for a number to be issued to me); and 2. 1 am not subject to backup wiihhofdin(1 because: (at I am exempt from backup withttokling.. or (b) I have not been notified by the Internal Revenue Service (IRS) that am subject to backup withholding as a result of a failure to 'sport all Interest or dividends, or (c) the IRS has notified me that I am tta longer subject to backup withholding and I am a U.S citizen or other U.S. person (defined below); and s The FATCA code(s) entered on this form (if any) indicating that I am oMtttrttpt from FATCA reporting is correct. Certification instructions. You must cross out item 1 abuvo tt you trove tin notified by the IRS that you am currently subject to backup withrolurng Oncitusc you have fallen to report alt interest and dividends on your fax return. For real estate transactions, item 2 does not apply For rnortgago infarcts, poi°, aactltnsiuor or abandonment of secured property, catcefatton of debt, contributions to en individual retirement arrangement (IAA), mid generally. pi auwiti; otfler than interest and dividends, you tire not monied to sign this certification, in,t you must provide your correct TIN. Soo teo instructions kw Pnit Il, inter Sign Here Signature of US. uorttan r General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest rntornuition about developments rttiamtaed In Form W.9 and its instructions, Such as legislation entiCted Ater they wrfO pubrinhed. go to www.lra.govIPormW9. Purpose of Form An individual or (rutty (Penn 4V-4) requester) who Is requirad trs hfc; {tn information return with the IRS must obtain your correct taxpayer tdentificnitarl rluntl343r aim which may be your *octal security nutnbar (SSW). individual taxpayer identification number (iTIN). adoption taxpayer uiantittcation number LATIN), or employer identification number tEIN), to report on nn Information return the amount paid to you, or other amount repostcm:rt or' an information return, Examples of illiorrwtfan returns include. hut ar0 not limited to. the %towiri4i. • Form 1099-INT OniArest earned or paid) +4111 ...4..... — else OMB • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MiSC (various types of Income, prizes, awards, or cross proceeds) • Form 1099.8 (stock or muluni fund sales and certain nthtr( transactions by brokers) • Form 109€3.8 (proceeds from real estate transactions) • Form 1099-tt (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098- r (tuition) • Form 1039. C (Canoed debt) • roan 1084-A (acquisition or abandonment of secured proporty) Use Form W4 only If you are a U.S, person (including a resident alien), to provide your correct TIN. If you do not rattan Fcum W-9 to the requesror rvffh a TIN, you might to whine, In backup tvilhtntdffnj j See Want is backup withhoftling, later Cat No. 10731X f=or,•, W-9 iflov. . 1 o-Zot 9) �7�VVflREFINING,LLC Producers of GOLDEN SEAR PRESERVATION PRODUCTS 1134 Manor St. • aildale, CA 93308 / P.O. Box 5877 • Bakersfield, CA 93388 Phone 661.393.7110 -- Fax 661.393.2083 COHEREX i Dust Control Agent and Base Specifications: Coherex Dust Control Agent Tests: Test Method ASTM AASHTO Requirements Min. Max. Viscosity @ 25°C, SFS Sieve Test, % wit) Residue, % w+-) Particle Charge Test D-244 D-244 D-244 0-244 T-59 T-59 T-59 T-59 'Test procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution. `ASTM D-244 Evaporation Test for percent of residue is modified by heating 50 gram sample to 149°C (300°F) until foaming ceases, then cooling immediately and calculating results. Note: For gal/ton conversion use 242 gal/ton. Specifications: Coherex Base Tests: ASTM Test Method AASHTO Requirements Min. Max. Viscosity @� 100°C, cSt Flash Point, COC, °C Asphaltenes, %w Saturated Hydrocarbons, %w Specific Gravity D-445 D-92 D-2006-70 D-2006-70 ---- D-1298 T-277 T-48 a a - - 17.17 208 aim -- 1.000 23.83 - - - a - 0.75 20 1.040 Note: Data presented are typical, Slight variation may occur from lot to lot. No warranties, exprt;sscd or implied including warranties orrnerchaniability or fitness rot a particular taco, arc made with respect to the products described herein Nothing contained herein shall constitute a Perin Roof' or nxomnicrtthdtivrt to ptaatrcc an4 invention coveted by s went ktirthr tti a license (theft the .n net in fife !wall WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE Emulsion Dust Control Agent (With Renewal Options for 2023/2024) B2200078 April 2022 for Weld County Public Works Road and Bridge Construction 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 B2200078 1 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET DATE: MARCH 24, 2022 BID NUMBER: B2200078 DESCRIPTION: EMULSION DUST CONTROL AGENT DEPARTMENT: PUBLIC WORKS BID OPENING: APRIL 13, 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: EMULSION DUST CONTROL AGENT (With possible two, one-year renewals) Bids will be received for the above stated equipment up to, but not later than: APRIL 13, 2022 at 10:00 AM (MDT) (Weld County Purchasing Time Clock). The ubmitted bids will be read over a Microsoft Teams Conference Call on April 13, 2022 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 Administration Building, St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone Number (720) 439-5261 Conference ID: 405403341 PAGES 1 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 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 which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. B2200078 Bid Delivery to Weld County 1. Emailed bids are required . Email bids to bidscweldgov.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 waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-4223 or 4222 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 Proposal 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. B2200078 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder receives federal or state funds under the contract, Successful bidder 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 Successful bidder 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. 5. 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 B2200078 4 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. 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. 6 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 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 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 authorizes 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. B2200078 7 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. 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. 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 B22000 %0 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 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. B2200078 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: The following provisions take precedence over Specifications or Plans and supplement the most current edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control construction of this project. Purpose: This material supply is for the 2022 FDR (Full Depth Reclamation) projects. Vendor will need to supply Weld County with an estimated 104,000 gallons of Emulsion based dust control. Diluted Emulsion Solution shall be four -parts water and one -part Coherex Dust Control. General Conditions: 1. Weld County will not supply any material for this project/contract 2. Weld County Public Works personnel normally work 7:00am to 3:30 pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00am and later than 3:30 pm and/or Saturday. The successful bidder is required to accommodate these situations. 3. The 2022 Bid Schedule includes two items: a. Emulsion dust control plant price only b. Emulsion dust control plant price and delivery. Dust Control Emulsion: Test Method Requirements Test ASTM AASHTO Min. Max. Viscosity @ 25°C, SFS D-244 T-59 15 40 Sieve Test, % W' D-244 T-59 - 0.1 Residue, % W2 D-244 T-59 60 65 Particle Charge Test D-244 T-59 Pos'tive 'Test procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution. 2ASMT D-244 evaporation Test of percent of residue is modified by heating 50 gram sample to 149°C (300°f) until foaming ceases, then cooling immediately and calculation results. Base Oil: Test Method Requirements Test ASTM AASHTO Min. Max. Viscosity @ 100°C, cSt D-244 - 17.17 23.83 Flash Point, COC, °C D-92 T-48 208 - Asphaltenes, %W D-2006-70 - - 0.75 Saturated Hydrocarbons, %w D-2006-70 - - 20 Specific Gravity D1298 T-277 1.000 1.040 Weld County Contract: Questions related to the project and procedures should be directed to: Duane R. Naibauer Road and Bridge Construction Supervisor Weld County Public Works 970.400.3786 dnaibauernweldgov.com Curtis Hall Deputy Director Weld County Public Works 970.400.3721 chall oaweldgov.com Terms and Conditions: The agreement/contract shall commence approximately in April 2022 and continue in full force for one year. At the option of the County, may be extended for up to two (additional years. Increases in the cost may be negotiated for subsequent renewal of the second and third additional one-year periods, based on the ENR material cost (Denver) for Asphalt PG 58 oil. The increase will be based on the percent change from 2022 to 2023 for second one year renewal option and from 2023 to 2024 for third year renewal option on a liquid ton of PG 58 emulsion. BID SCHEDULE Item #1: Bid price shall be plant price only. Item #2: Total price shall include the price of material, delivery to site and transferring the product to a Weld County truck. Plant Price only Item # — Item Quantit Unit Unit T Price Total Plant Location Unit Price 1 58,000 Up to Gallons Dust Emulsion Agent Control Plant Price and Delivery Price to be within 60 -mile radius of Weld County Public Works 1111 "H" St. Greeley, C O 80632. Item # Item I Quantity UnitUnit I Price Per Plant Location Total Price 2 Dust Agent Emulsion Delivery Control and 46,000 Up to Gallons GRAND TOTAL BID (Item #1) $ GRAND TOTAL BID (Item #2) $ 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. #B2200078. 2. The quotations 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 proposal 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 BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL B2200078 12 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID SUBMITTAL INSTRUCTIONS: The following items must be included with your bid submittal: 1) Completed pages 11 thru 13 of the Bid Specifications. 2) W9, if applicable*. 3) Any future Addenda must be completed. *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 may result in your proposal being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 20 By: Title: ACC$RE! CERTIFICATE OF LIABILITY INSURANCE RENEWAL DATE (MM/DDITYYY) 05/20/2022 THIS CERTIFICATE IS ISSUED AS A NUTTER 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 holder Is an ADDITIONAL INSURED, the poloy(iea) must flavd ADDITIONAL INSURED SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsementor . statement ont this certificate doss not confer rights to the certificate holder In Lieu of euc PRODUCER MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTHGLENN, CO 60234 INSURED COBITCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80616 A R TRA RS PINNACOL ASSURANCE R iii IS TO THAT THE PO OF INSURANCE LISTED BELOW HAVE IEN -: LIED TO THE WSORED NAMED ABOVE FOR RTHE 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 POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID X TYPE OF INSURANCE CLAIMS -MADE X 1 occur: 'A""T''`E� LIMIT APPUES PER: IJECT UDC AUTOMOBILE UABIUTY j( ANY AUTO ■ UN DOILY ONLY UMBRELLA UAO EXCESS LIAR DEO ) I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIAS0.1TY U 630501D4153 BA2L603905 CUP0J532191 381672 1/1/22 1/1/22 1/1/23 1/1/23 EACH OCCURRENCE LIMITS nee) MED EXP (Any one Person) Aid ADV INJURY GENERAL AGGREGATE BODILY INJURY (P 1/1/22 1/1/23 AGGREGATE 1 0/1 /21 10/1/22 E : 1,000,000 S 100,000 5,00 $ 1.000.000 2,000,000 Acs $ 2.000,0 $ t 1,000,000 NCE $ 2,000.000 E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYE LJ to N OP OPARATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additions! Resa to }space ) AS REQUIRED BY CONTRACT, WELD COUNTY, ITS SUBSIDIARY, PARENT, ASSOCIATED ANs D OR AFFILIATED ENTITIES, SUCCESSORS, OR ASSIGSN, IT"S ELECTED OFFICIALS, TRUSTEES, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY. $ 2,000,000 s 500,000 S 500,000 WELD COUNTY 1111 H STREET P.O. BOX 758 GREELEY, CO 80632 CANCELLATIO CERT CATE HOLDER SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. R ATIVE ACORD 25 (2016/03) S AZ'ORD CORPORATION. All rI The ACORD name and logo are registered marks of ACORD Entity Information Entity Name* COBITCO INC Contract Name* COHEREX - EMULSION DUST CONTROL Contract Status CTB REVIEW Entity ID* ,00024895 ❑ New Entity? Contract ID 5937 Contract Lead* DNAIBAUER Contract Lead Email dnaibauerco.weld.co.us Contract Description* SUPPLY COHEREX FOR DUST CONTROL ON ROAD CONSTRUCTIONN PROJECTS. Contract Description 2 Contract Type* AGREEMENT Amount* $105,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorksgweldgov.com Department Head Email CM-PublicWorks- DeptHead sweldgov.com County Attorney KARIN MCDOUGAL County Attorney Email KMCDOUGAL@CO.WELD.CO. US Requested BOCC Agenda Date* 06?13,2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 06,/092022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Onaase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 02,,'01;2023 Committed Delivery Date Renewal Date* 05'02,2023 Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 06;'0212022 Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CONSENT CONSENT OH Approved Date Finance Approved Date Legal Counsel Approved Date 06102112022 06;©212022 06;0212022 Final Approva BOCC Approved Tyler Ref # AG 060822 BOCC Signed Date BOCC Agenda Date 0608,2022 Originator DNAIBAUER MEMORANDUM TO: Board of Commissioners DATE: April 15, 2022 FROM: Jay McDonald, Director of Public Works SUBJECT: 2022 Emulsion Dust Control Agent, B2200078 The Public Works Department recommends the bid for Emulsion Dust Control Agent be awarded to Cobitco Inc, the low bidder. The price to purchase material from their plant (Item #1) is $0.96/gallon for a total of $55,680.00. The purchase and delivery price (Item #2) is $1.12/gallon for a total of $51,520.00. The grand total for both is $107,200.00. The total budgeted amount for 2022 is $105,000.00. Public Works will not exceed this budgeted amount. If you have any questions, please call me at 3761. U5/OZ Zo22-1 \DL1 ECG CTo0 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverett(c�weldpov.com E-mail: cmpeters(a�weldgov.com Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 400-4024 DATE OF BID: APRIL 13, 2022 REQUEST FOR: EMULSION DUST CONTROL AGENT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #62200078 PRESENT DATE: APRIL 18, 2022 APPROVAL DATE: MAY 2, 2022 (ONE YEAR CONTRACT, COUNTY MAY EXTEND UP VENDOR COBITCO INC 5301 N. BANNOCK ST DENVER CO 80216 G5 BIOSOLUTIONS INC 9109 N. DORSET RD SPOKANE WA 992058 TO (2) TWO ADDITIONAL YEARS.) ITEM #1 ITEM #2 COST OF EMULSION** COST OF EMULSION DUST*** DUST CONTROL AGENT CONTROL AGENT + DELIVERY TO SITE $0.96/gal — Total - $55,680.00 PLANT LOCATION: DENVER $1.51/gal — Total - $88,087.55 $1.12/gal — Total $51,520.00 $1.56/gal — Total $71,862.00 PLANT LOCATION: CHANDLER AZ ITEM # 1- ** QUANTITY WILL BE UP TO 58,000 GALLONS -PRICE PLANT ONLY ITEM #2 - ** QUANTITY DELIVERY TO SITE UP TO 46,000 GALLONS **PUBLIC WORKS IS REVIEWING THE BIDS AT THIS TIME 2022-1104 0-{/13 Eel 0M Hello