HomeMy WebLinkAbout20220435.tiffMEMOR.A.NDUM
TO: Board of Commissioners
FROM: Jay McDonald, Public Works Director
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DATE: February 7, 2022
Curtis Hall, Public Works Deputy Director
SUBJECT: Dust Palliative Supply for 2022 (BID REQUEST NO. B2200043)
Weld County Public Works Department is recommending that the Board of County Commissioners accept the low bid from Envirotech
Services Inc., for 70/30 Mag-Chloride for the Dust Palliative Supply for 2022 at a cost of $0.708 per gallon to be supplied at all three
locations for the 1,473,500 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations.
The Public Works Department also recommends that the Board of County Commissioner accept the bid from Envirotech Services Inc.
for (1) 20,000 gallon portable storage tank and pump at the New Raymer location at no charge.
The cost for the 1,473,500 gallons delivered to the county tanks and the supplied portable tank and pump from Envirotech Services is
$1,043,238.00.
The total budget for the 2022 dust palliative supply 70/30 Mag-Chloride product is $1,046,185.00.
If you have any questions please call Jay at extension 3761 or Curtis at extension 3721.
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1U -o35
WELD COUNTY PURCHASING
1150 0 Street Room 107, Greeley CO 80631
E -Mail: reverett(a)weldaov.com
E-mail: cmpetersCa�weldgov.com
Phone: (970) 400-4222 or 4223
Fax: (970) 336-7226
DATE OF BID: JANUARY 28, 2022
REQUEST FOR: DUST PALLIATIVE SUPPLY
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #82200043
PRESENT DATE: 1/31/2022
APPROVAL DATE: 2/14/2022 (ONE YEAR CONTRACT IS RENEWABLEFOR UP TO (2) ADDITIONAL YEARS)
LIQUID DUST
PALLATIVES
TANK
VENDORS
LOCATION
GALLONS
PER GALLON
CONTRACT PRICE
STORAGE
ENVIROTECH SERVICES INC
Greeley
900,000
0.708
$
637,200.00
910 54T" Avenue #230
Kersey
325,000
0.708
$
230,100.00
NO CHG
Greeley CO 80634
New Raymer
248,500
0.708
$
175,938.00
NO CHG
Pickup
$0.708
GMCO CORPORATION
Greeley
900,000
$0.744
$
699,600.00
P 0 Box 1480
Kersey
325,000
$0.744
$
241,800.00
NO CHG
Rifle CO 81650
New Raymer
248,500
$0.744
$
184,884.00
NO CHG
Pickup
$O.704
The project, in general consists of delivering 1,473,500 gallons Liquid Dust Palliatives to bulk tanks at our Greeley and Kersey facilities and providing one (1) 20,000 gallon
storage tank (at New Raymer) for use in providing dust mitigation on gravel roads within Weld County.
PUBLIC WORKS WILL BE REVIEWING THE BIDS
BID REQUEST M. B2200043
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AM
SPECIFICATIONS
R
DUST PALLIATIVE SUPPLY
Renewable for 2023 and 2024
January 2022
Weld County Public Works
Gravel Road Management Division
1111 H Street
P.O. Box 758
Greeley, Colorado 80632
970-356-4000, Ext. 3721
• •:1_Z1=
The following checked forms and provisions take precedence over plan drawings and supplement
the 2021 edition of the Colorado Department of Transportation "Standard Specifications for Road
and Bridge Construction(Standard Specifications) which Is to be used to administer the
construction of this project.
Invitation to Bid / Notice to Bidders ........................ 3-4
Instruction to Bidders ........................
General Provisions and Information ....................... 5.11
Specifications and Scope of Work ....... . .. . ...............
Project Contacts and Submittal Schedule
.................................................12
12
Terms and Conditions ...................... .
Bid Schedule and Submittal Requirements .....................
Project Special Provisions......................................................................
18 -20
a Revision of Section 105, Claims for Contract Adjustment
➢ Revision of Section 106, Samples, Tests, Cited Specifications
➢ Revision of Section 106, Control of Material
➢ Revision of Section 209, Watering and Dust Palliative
➢ Guide to Material Testing
SignaturePage.............................................................
Notice of Award/Acceptance Notice ........................................
SupplyBond...................................................................................................
16
Anti -Collusion Aftldavit...........................................................................
17
BID REQUEST #132200043 Page 2
REQUEST FOR BID
WELD COUNTY, COLORADO
11500 STREET
GREELEY, CO 80631
DATE: January 14, 2022
BID NUMBER: #82200043
DESCRIPTION: Oust Palliative Supply
DEPARTMENT: Gravel Road Mgmt. Division, Public Works
BID OPENING DATE: January 28, 2022
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:
The project, in general consists of delivering of 1,473,500 gallons Liquid Dust Palliatives to bulk tanks at
our Greeley and Kersey facilities and providing (1) 20,000 gallon storage tank at New Raymer for use in
providing dust mitigation on gravel roads within Weld County. See Page 12 for Terms and Conditions.
Bids will be received forthe abovestaledmedvendseamer* andtoreenrioes up Iq but notlsierthax sv2Ia22
1000 ant Meld County Purchasing Time Clock) The submitted bids will be read over a Microsoft Teams
Conference Call on Jana v?S,20i?218«30AM To Join, call the phone number and enter the Conference ID
provided below or you are Invited to attend the bid opening in person at the Weld County Administrative
Building, St. Vram Meeting Room, 1150 O Street Room, Greeley CO 80631.
Phone number. 72D 1396261 Phone Conlarenoe ID 375950707
". �_"� ♦ ► c 4..,.... ._ X11
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 shalt, 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 lnfbrmalon concerning this request on the BidNet Direct website at httos://www bldnetdirect c:om!
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.
BID REQUEST #B220o043 Page 3
1 • Email. Emalied bids are required. Bids may be emaited to bide weidaov,com. If your bid exceeds
25MB please upload your bid to httPs//www.bidnekJlf,n. The maximum file size to upload to
BidNet is 500 MB. POP format Is required. mat lied bids must include the following statement on
the small: "1 hereby waive my right to a sealed bid". An email confirmation will be sent when we
receive your bid/proposal. Please call Purchasing at 970-400-4222 or 4223 with any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in Ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids
by partnerships must furnish the full names of all partners and must be signed with the partnership name by
one of the members of the partnership or by an authorized representative, followed by the signature and title
of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed
by the name of the state of the incorporation and by the signature and title of the president, secretary, or other
person authorized to bind it in the matter. The name of each person signing shall also be typed or printed
below the signature. A bid bye person who affixes to his signature the word "president," "secretary," "agent,"
or other tittle without disclosing his principal, may be held to be the bid of the individual signing. When
requested by the Weld County Controller/Purchasing Director/Purchasing Director, 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 knplied herein. All designations and
prices shall be fully and clearly set forth. An 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
the premature Controller/Purchasing Director/Purchasing Director for
opening of a bid not properly addressed and identified. Bids may be withdrawn upon written
request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; 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.
BID REQUEST #B2200043 Page 4
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 shaft 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 5 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 shah, 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 falls 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 shalt 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.
BID REQUEST XB2200O43 Page 5
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)(aXIV)
(Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical
data). if Weld County receives a CORA request for bid information marked "CONFiDENTiAL", staff will
review the confidential materials to determine whether any of them may be withheld from disclosure pursuant
to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff
will not be responsible for redacting or Identifying Confidential Information which is included within the body
of the bid and not separately Identified. Any document which Is Incorporated as an exhibit Into any contract
executed by the County shall be a public document regardless of whether It Is marked as confidential.
C. Governmental immunity: No term or condition of the contract shall be construed or Interpreted
waiver, express or Implied, of any of the immunities, rights, benefits, protections or other e a
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafterp amended.
nd�the
D. Independent Contractor: The successful bidder shalt perform its duties hereunder as an
Independent contractor and not as an employee. He or she shall be solely responsible for its acts and those
of its agents and employees for all acts performed pursuant to the contract Neither the successful bidder nor
any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful
bidder and its employees and agents are not entitled to unemployment insurance or workers' Compensation
benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the
successful bidder or any of its agents or employees, Unemployment Insurance benefits will be available to
the successful bidder and Its employees and agents only if such coverage Is made available by the
successful bidder or a third party. The successful bidder shall pay when due all applicable employment
taxes and Income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful
bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or
understanding, except as expressly set forth In the contract. The successful bidder shall have the following
responsibilities with regard to workers' compensation and unemployment compensation Insurance matters:
(a) provide and keep In force workers' compensation and unemployment compensation insurance In the
amounts required by law, and (b) provide proof thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations In effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the Interpretation, execution, and enforcement of the contract. Any provision Included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void.
G. No Third -Party Beneficiary Enforcement: It Is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing In the contract shall give or allow any claim
or right of action whatsoever by any other person not included In the contract. It Is the express intention of
the undersigned parties that any entity other than the undersigned parties receiving services or benefits
under the contract shall be an Incidental beneficiary only.
H. Attorney's Fees/Legal Costs: in the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for
the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder.
BID REQUEST #B22D0043 Page 6
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for
an award,
J. Procure sent 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 Tenn: 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. Terminatipn: 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, shad
be the basis of any increase in the compensation payable hereunder.
N. Subcontractor$: 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 shalt 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 shalt 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.
0. Warranty: The successful bidder warrants that services performed under this Agreement wilt be
performed in a manner consistent with the standards governing such services and the provisions of this
Agreement. The successful bidder further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all
services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware
that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period
during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or
performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects,
whether patent or latent. The goods shall be sufficient for the purpose Intended and conform to the minimum
specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the
goods are free and clear of all liens, encumbrances, and security interests.
BID REQUEST #82200043
Page 7
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, tires, 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 Intereat/Confliotof Interest — C.R.S. §§24-118.201 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
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.
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.
BID REQUEST #B2200043 Page 8
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder end
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.
s• INSURANCE REQUIREMENTS
GeneMl.ReaufremeII�: 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" Vill or better. Each policy shall contain a valid provision or endorsement stating
"Should any ofthe above -described policies by canceled orshould any coverage be reduced before the
expiration date thereof, the Issuing company shall send written notice to the Weld County
Controller/Purchasing Director/Purchasing Director 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 lain excess of a deductible or self -
Insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for
thepaymentofanydeductible 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 covers
successful
liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
y
Insurance In sufficient amounts, duration, or types. The Successful bidder shall maintain, at Its own
expense, any additional kinds or amounts of Insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld
County.
The successful bidder stipulates that it has met the Insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY. The successful bidder shall defend, Indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or
character arising out of the work done in fulfillment of the terms of this Contract or on account of any act,
claim or amount arising or recovered under workers' compensation law or arising out of the failure of the
successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful
bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its failure to comply with
the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder In
its methods or procedures; or In its provisions of the materials required herein, or from any claims or amounts
arising or recovered under the Worker's Compensation Act, or other few, ordinance, order, or decree. This
paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be
responsible for primary loss Investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of
subrogation against the County Its associated and/or affiliated entities, successors, or assigns, Its elected
officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the
BID REQUEST #82200043
Page 9
successful bidder for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
Tunes 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;
$1,00,000 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 Insurence: County reserves the right to require the successful bidder to provide a certificate of
Insurance, a policy, or other proof of Insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insure: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and Inland marine. Successful bidder's insurer shall name County as an additional insured.
Waiver of S ro do : For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, Independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements herein
and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall
Include all such subcontractors, Independent contractors, sub -vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder
agrees to provide proof of Insurance for all such subcontractors, independent contractors, sub -vendors
suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to
the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated
herein by this reference.
BID REQUEST #B2200043 Page 10
PFCiFICATfpNs AND SCOPE OF WORK:
Pi
Weld County is soliciting bids for the delivery of liquid dust palliatives, Into bulk storage tanks for the
counties Dust Mitigation Program, treating gravel roads throughout Weld County.
GENERAL CONDITIONSAND SCOPE:
1. Weld County will not supply any material for this project.
2. The liquid dust palliatives, commonly referred to as a 70/30 blend (70% mag chloride, 30% lignin sulfate
or equivalent of complex sugars which have a dark natural color, lignin sulfate is preferred), or equal
and/or equivalent to the 70/30 blend. All Chemicals bid other than the 70/30 blend will need to have
been reliably demonstrated and show to most Weld Counties requirements.
3. Vendor will deliver to the bulk 60,000 gallon storage tanks located at 1111 H street in Greeley and
23536 CR 54 Kersey, Colorado and the vendor shall provide one additional 20,000 gallon portable
storage tanks to be located at the Weld County New Raymer Satellite Facility located at 500 CR 129,
New Raymer Colorado and include pricing with the product being picked up at the vendors production
facility depending on the plant location to be efficiently and economical benefit to be picked up by Weld
County.
4. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per minute
(GPM) from a truck into the storage tank and from the storage tank to a truck.
5. The storage tank shall be delivered and made ready for use by the contractor within 20 days of notice
to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract.
6. The county will provide an accessible and reasonably level area for the setting of the tank.
7. Contractor will follow all rules and regulation stipulated for any permit(s) pertaining to the vendors site.
8. Project time will be from March 2022 through February 2022.
9. Weld County will select the bidder based on the lowest cost to the County.
10. The successful bidder shall provide a Supply Bond to the County as arranged by the parties.
11. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties.
12. Certified liquid meters are required.
13. Payment shall be made according to the bid prices per gallon times the gallons of material supplied as
determined by the metered gallons delivered. Tickets must be a printed metered gallon ticket, or a
printed scale generated ticket by weight having the gross weight, tare weight and net (Tons) listed. The
tickets must also List: Ticket Number, Date, Time, Truck Number, Driver (optional), Delivery Location
and Product. Deliveries will be accompanied by a Uniform Straight Bill of Lading (No handwritten tickets
will be excepted) and will be left with a Weld County employee or in a provided receptacle.
14. Rental payment for storage tanks will be submitted per month and the quote for monthly storage tank
rental shall be Included with the bid.
15. Weld County Public Works personnel normally work Monday through Friday. Occasionally, due to
circumstance beyond our control, work may extend to Saturday and/or Sunday. The successful bidder
Is required to accommodate these situations as necessary for the unit price shown in the bid.
BID REQUEST #B2200043 Page 11
18- The contractor shall make deliveries on an as needed" basis to keep an adequate supply of dust
palliative in the storage tanks. County personnel will help monitor dust palliative storage tank levels
and advise the contractor via either phone or Email the approximate quantity needed to complete the
daily work schedule.
17. Weld County reserves the right to terminate this contract at any time if, In the opinion of the Public
Works. Director, the successful contractor(s) are not performing according to provisions outlined in this
contract or according to Colorado Department of Transportation Standard Specifications for Road and
Bridge Construction.
18. Weld County reserves the right to utilize county personnel and equipment to load materials at the
contractors facility at any time If, in the opinion of the Public Works Director, the successful
contractor(s) are not diligently attempting to load materials to efficiently supply county operations.
The specification for material supply shall be in accordance with the Colorado Department of Transportation,
Standard Specification for Road and Bridge Constructlon 2021, unless otherwise stipulated In this document
References to the division shall mean Weld County and all documentation required will be handled through
the Weld County Public Work Department.
Schdule:
Bids due to Purchasing January 28, 2022
Bids accepted by B0CC February 14, 2022
Weld County Contacts:
Question related to the project and procedures should be directed to:
Ryan Axtman — Construction Inspection Supervisor Curtis Hall — Deputy Director
Weld County Public Works
(970) 400-3743 Weld County Public Works
(970) 400-3721
rextmantweldgoy cc�m Of1ailwetdcioy.com
Mike Livengood — Gravel Road Mgmt. Supervisor
Weld County Public Works
(970) 400-3757
ive od[Siweldnov cam
TERMS AND CONDITIONS:
This one-year contract Is renewable for up to (2) additional years. Material cost adjustments
will be considered at the end of each calendar year that this contract represents. Any price
adjustments must be verified by justification of base bid cost increase of materials, labor or
other associated items Included in the original cost of the material supply. Cost increase must
be consistent with regional trends. Weld County will use the ENR Material Cost Index. The base price per
gallon may increase from one year to the next by no more than the Increase percentage reflected In the
Engineering News Record for the cost Index out of Denver as a measure of reasonableness for justified
Increase. Price adjustments will not be implemented without final approval from Weld County. Weld
County reserves the right to cancel this contract and re -bid the dust palliative supply contract if, in the
opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends.
BID REQUEST #82200043 Page 12
Please return the following to Weld County Purchasing via the "bid delivery" instructions described on
page 4.
o Complete and return bid schedule — page 13.
o Complete and return signature — page 14.
o Complete and return a W-9 — (if not already on file with County).
o Complete and return Anti -Collusion Affidavit — page 17.
LIFM B
t10
LOCATION
OUANTRY
y81I
PRICE PER
CONTRACT PRICE
20g 08
Liquid Dust
Palliatives
Greeley
900 00p
Gallons
$.7t}8/Gallon
$637,200
Kersev
325,000
Gallons
$.708/Gallon
$230,100
New Raymer
248,500
Gallons
$.708/Gallon
$175,938
Pick Up
Gallons
$.708/Gallon
ITEM M
ITEM
LOCATION
QUANTITY
UNI
PRICE PER
unit
CONTRACT PRICE
20,000 Gallon Bulk
Price Included In Product
108.08
Storage Tank With
New Raymer
1
Per Month
Price
pump
Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver
and load material into bulk tanks.
Prices for the bulk tanks shall include delivery and made ready for use within 20 days of notice to
proceed by the vender along with a pumping system to load the material into and out of the tanks at
250 gallons per minute. The vender shall be responsible for the removal of the tanks at the end of
the contract. Weld County will supply a suitable site for the tanks and be responsible for the
maintenance and upkeep of the pumps to insure proper operating status. If vendor equips any of the
storage tanks with a remote tank monitoring system it will be provided by and maintained by the
vendor.
BID REQUEST #B2200043 Page 13
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 proposal for Request No. #62200043.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. 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.
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 EnviroTech Services, INC.
BUSINESS ADDRESS 910 54th Ave. Suite 230
CITY, STATE, ZIP CODE Greeley, CO, 80634
TELEPHONE NO _970-346-3931 FAX 970-346-3959
TAX ID #_ 84-1102950
PRINTED NAME AND TITLE Brain Cross, Corporate Secretary
SIGNATURE
E-MAIL
DATE January 26th, 2022
""THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11
BOARD OF COUNTY OMMISSIONERS
W D CO , COLORADO
Sc ft Jameess,, Chair AR 2 8 2022
A-rrna'n..'LA� V• ..
to the
Deputy Cied'to the Board
BID REQUEST #B2200043
Page 14
NOTICE OF AWARD
Dust Palliative Simply
Project Description:
The project, In general consists of delivering up to 1,473,500 gallons of Liquid Dust Palliatives to bulk tanks
and Providing (1) 20,000 gallon bulk storage tanks for use in providing dust mitigation on gravel roads within
Weld County.
The Owner has considered the Bid submitted by you for the above described work in response to its
Invitation for Bids and Instructions to Bidders.
You are hereby notlfled that your Bid has been accepted in the amount of $ or as shown
in the Bid Schedule.
You are required by the Instructions to Bidders to execute the Agreement within ten (10) calendar days from
the date of this Nofce to you.
If you fall to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be
entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The
Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner
Dated this day of 2022.
Weld County, Colorado, Owner
By
Mike Livengood, Supervisor, Gravel Road Mgmt.
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
Co ac
Dated this day of , 2022
By:
Title:
BID REQUEST #82200043
Page 15
BOND NO.: 107530018
SUPPLY CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS, That, Envirotech Services. Inc„ 910 54th Ave.
Suite 230, Greeley, Colorado 80634 as Principal, (hereinafter called the Supplier),
and Travelers Casualty and Surety Company of America, One Tower Square, Hartford,
CT 06183 as Surety, (hereinafter called Surety),
are held and firmly bound unto Weld County, 1150 "O" Street. Greeley. Colorado 80631 as
Oblige, (hereinafter called the Buyer), in the just and full sum of One Million Forty Three
Thousand Two Hundred Thirty -Eight and NO/100'h Dollars ($1,043,238.00 for the payment
of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their
respective heirs, administrators, executors, successors and assigns, jointly and severally firmly
by these presents.
the Supplier has entered into a certain written contract with the Buyer dated
2022 to furnish the following briefly described supplies: Dust Palliative Suuuly
Palliatives to bulk tanks at our Greeley and Kersey facilities and providine (1) 20,000
aaUon storage tank at New Ravmer for use in Providing dust mitigation on travel roads
within Weld County which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said
Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer
through the failure of the Supplier to furnish said supplies in accordance with the terms of said
contract, at the time(s), and in the manner therein specified. This includes any reasonable and
additional costs the Buyer must expend in order to fulfill the terms of the contract, such as
replacing material at additional cost.
IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument
this the
a -t day of ,,.a .2022
Envirotech Services, Inc.
(Principal)
CL is)4-
av
(Witnes),
WELD COUNTY. COLORADO
PROJECT No
ANTI -COLLUSION AFFIDAVIT
B2200043
Weld County
I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, it not, that t have written authonzalion, enclosed herewith, horn that person to make the
his or her behalf and on behalf of my firm statements set out below on
I further attest that:
1. The pace(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting
competition with any other firm or person who is a bidder
or potential prime bidder
2A Neither the prices) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A No attempt has been made to sabot, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher then
the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this prgect.
4 The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high,
pOlitivo or other form of complementary bid. noncom-
5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sate of materials or
services from arty film or person, or offered, promised or paid cash or anything of value to any firm or
person.
whether in connection with [his or any other protect, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high,
noncompotitwe or other form of complementary bid
of agreeing or promising to do so on this project.
6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services t0 any firm or person, and has not been promised or paid cash or anything of value by any firm or
person,
whether in connection with this or any other protect, in consideration for my firm's submitting any intentionally high.
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this protect.
7 I have made a diligent inquiry of all members, officers. employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid
on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statemonts and representations
made in this affidavit.
8 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department Transportation,
of of the true facts relating to submission of bids for this
contract
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS. THAT THE STATEMENTS MADE ON THIS DOCUMENT
OF MY KNOWLEDGE. ARE TRUE AND COMPLETE TO THE BEST
EnviroTech Services, Inc.
Cr ecretary
.'edov.bn[if✓e lint C, 00mOeny name Ill y.nr+wlu.nI aY
O.tta
5 n to before m this day of, p
MY ten nagn o.p.at
►tit arch t1� o?oa __. __..__ _ _, VERONICA MARIE LOPEZ
NOTE: This document must be signed in Ink. NOTARY PUBLIC
NOTARY ID 20204010188
MY COMMISSION EXPIRES MARCH 11, 2024
BID REQUEST #62200043 Page 17
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADUSTMENT
Section 105 of the Standard Specifications Is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process for any claims
filed by the Contractor.
Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will
be handled by Weld County or its duty authorized representative. The following terms of this subsection shall
be defined as follows:
Project Engineer shall be Weld County Public Works.
District Engineer shall mean the Weld County Public Works Department or Its duly authorized
representative.
Chief Engineer shall mean the Weld County Public Works Department or its duly authorized
representative.
For this project the Weld County Duly Authorized Representatives are:
Project Manager: Mike Livenaood Gravel Road Mcmit.. SupervIsor
Project Manager: Curtis Half Deputy Director
Project Inspector: Ryan Axtman. Constructlon lnsoection Suoerytssor
REVISION OF SECTION 106
SAMPLES, TESTS, CITED SPECIFICATIONS
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.03 shall be revised as follows:
1) All material shall be made available for inspection by Weld County personnel.
2) The Vendor shall submit a Quality Control Plan to Weld County once the contract has been
approved.
3) Each load will be sampled by the vendor at point of delivery, In a plastic bottle, witnessed by a
county employee. The date, load and bill of lading should accompany the sample.
BID REQUEST #B2200043 Page 18
REVISION OF SECTION 106
CONTROL OF MATERIAL
Materials shall be stored to assure the preservation of their quality and fitness for the work, Stored
materials, even though conditionally approved before storage, will be subject to inspection and testing
prior to Incorporation Into the work. Storage of material could be required for the length of the contract.
The contractor shall provide one 20.000 gallon portable storage tanks to be located In the lot at the
Weld County New Raymer satellite Facility located at 500 CR 129, New Raymer Colorado. The
contractor shalt provide the ability to pump liquids at least 250 gallons par minute (GPM) from a truck
Into the storage tank and from the storage tank to a truck.
The storage tanks shall be delivered and made ready for use by the contractor within 20 days of notice
to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract.
The county will provide an accessible and reasonably level area for the setting of the tanks.
Payment will be made under:
Pay item Pay Unit
Storage Tank Monthly Sum
REVISION OF SECTION 209
WATERING AND DUST PALLIATIVES
Section 209 of the Standard Specifications is hereby revised for this project as follows:
Section 209.01 of the Standard Specifications is hereby deleted for this project and replaced with the
following:
DESCRIPTION
This work consists of the delivery of liquid dust palliatives, commonly referred to as an 70/30 blend
(70% mag chloride 30% lignin sulfate), into bulk storage tanks, The bulk storage tanks In the amount
of 60,000 gallons are located at 1113 M Street, Kersey, 60,000 and the Contractor will provide one
other 20,000 gallons of storage. The liquid dust palliatives shalt be delivered on a daily basis as
needed.
Subsection 209.02, 4t paragraph, delete 1°' sentence and replace it with the following:
The dust palliative shall consist of a magnesium chloride base agent, water, lignin sulfate, and other
enhancing or nondetrimental ions.
In subsection 209.02, delete the chart of Chemical Constituents and replace with the following:
Chemical Constituents
Percent by mass (weight)
Magnesium Chloride 2.24
Lignin Sulfate or Equivalent of Complex Sugars 6.5-8.5
Enhancing or Nondetrimental Ions 0-5
Water
60-75
BID REQUEST #B2200043 Page 19
GUIDE FOR MATERIALS SAMPLING AND TESTING.
TEST METHODS
1. Percent Concentration of Active Ingredient In the Liquid
Test Method: Atomic Absorption or inductively Coupled Plasma Spectrophotometry as described in
°Standard Methods for the Examination of Water and Waste Water", APHA-AWWA-WPCF is
acceptable. Test Method "A" In Appendix °A" is used to determine percent concentration of Calcium
Chloride or Magnesium Chloride by Atomic Absorption. The operator should be aware that the high
solids content of the samples can present special considerations when conducting the analysis.
2. Weight per Gallon
Test Method: Specific Gravity by ASTM D 1429 Test Method A - Pycnometer at 20 C +/-1 C.
BID REQUEST #B2200043 Page 20
ADDENDUMt�1
BID REQUEST NO. B2200043
DUST PALLIATIVE SUPPLY
Bid specifications read as:
In subsection 209.02, delete the chart of Chemical Constituents and replace with the following:
Chemical Constituents Percent
by mass gh
Magnesium Chloride
2-24
Lignin Sulfate or Equivalent of Complex Sugars
6.5-8.5
Enhancing or Nondetrimentai Ions
0-5
Water
60-75
SHOULD READ AS:
In subsection 209.02, delete the chart of Chemical Constituents and replace with the following:
Chemical Conetftuents Percent
by mass (weightI
Magnesium Chloride
20-24
Lignin Sulfate or Equivalent of Complex Sugars
6.5-8.5
Enhancing or Nondetrimental Ions
0-5
Water
60-75
W. need elcined copy on file. Thank I"""
Addendum received by: EnviroTech Services, Inc.
FIRM
910 54th Ave. Suite 230
ADDRESS
JANUARY 17, 2022
CC PREr CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYYI
02/02/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT If the certificate hotder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such Ondorsemon sj.
PRODUCER
Flood and Peterson
PO Box 578
CT Dana Stewart, CIC, CISR
Exth (970) 266-7149 (970)5066845
RE ADDSS D.riteWari 000dpetmson.CWn
INSURER(S) AFFORDING COVERAGE
NAIC I
Greeley CO 80632
INSURER A: Navigators Insurance Company
42307
INSURED
pe9U 9 , Berkshire Hathaway Homestato Companies
20044
EnvlroTech Services, Inc.
910 54th Avenue, Suite 230
INSURER C :
INSURER D
INSURER E:
Greeley CO 80634
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OP INSURANCE
POLICY NUMBER
BaI
Lam
COMMERCIAL GENERAL LIABILITY
�iJCLAIMS•MADE Q OCCUR
EACH OCICE
` t•000.000
Ea
8 500,000
LeED one on
t, 25,000
A
MP21NP37092811C
04/15/2021
04115/2022
FERS f &,�yINJjfty
$ t.000000
GEN'LAGGREGATE
LIMITAPPLIES PER:
POLICY [ JECTT LOC
GBNBRALAGGREGATE
$ 2,000.000
PROOl1CTa-COMPAPABO
2.000.000
GTHEM
$
AUTOMOBILE LIABILITY
COE SflCLE IGAT
$ 1000000
ANY AUTO
BODILY INJURY (Per person)
$
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
FA118AP01735810
04/15/2021
04115/2022
BODILY INJURY(Peraccklent)
S
^^--
$
$
A
UMBRELLA LIAR
EXCESS LIAD
OCCUR
CLAWS,AL�DE
MP21NP37092811C
04/15/2021
04115/2022
EACH OCCURRENCE
$ 15.000,000
AGGREGATE
4 15,000,000
OED I IRziEpn,onis
S
B
.M WERSC0MPENsATION
AND EMPLOYERS` LIABILITY YIN
OFFItiEwbtE)dBOREXCLtJpEO9 CUnvG Q
n, IEy
NIA
ENWC318153
02/01/2022
02/01/2023
T R
Stop Gap Included
E•L•EACHACCIOENT
_
$ 1,000,000
E.401SEASE-EAEMPLOYEE
S 1,000,000
NN)
(MyOets
OESCR OF OPERATONS below
E,L. DISEAASE- POLICYLOAIT
$ 1.000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Addlllonal Remarks Schedule, may Sc attached If more space Is required)
RE: Project #B1600045, Dust Palliatives Supply Certificate holder Is Included as Additional Insured as required by written contract but only as respects to
liability arising out of work performed by the named Insured. Waiver of subrogation applies. 30 Days notice of cancellation well be given to the Certificate
Holder.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Weld County Public Works ACCORDANCE WITH THE POLICY PROVISIONS.
1111 H Street
PO Box 758 AUTHORIZED REPRESENTATIVE
Greeley CO 80632 — V �leW
All rinhfa raaarvad
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
�7RAVELER5T
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
SL Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Duke R Huggins of
GREELEY , Colorado • their true and lawful Attomey(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizancxes, conditional undertakings and other writings obligatory In the nature !hereof an behalf of
the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
Goo
State of Connecticut
City of Hartford ss.
By:
Robert L. Ren , anior Vice President
On this the 21st day of April. 2021, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026 x " o7plL4
Puw.'o
Anna P. Nowak, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -In -Fact and Agents to act far and on behalf of the Company and may give sun h appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogn banes, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking. and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her, and it Is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation lain writing and a copy thereof Is flied In the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary;
or (b) duty executed (under seal, If required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation o€ authority; and It is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with reaped to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains In full force and effect.
Dated this it day of ,G,n o vv. , ,U 7,e�
�M�Wns� �„�e.•wa,�� ,yletE
,Q G-��i
Kevin E. Hughes, Aastent Secretary
To .tinny the auMenticfey of this Power ofAttorney, please teal us at 1-800-421-3880.
Please refOr to the above -named Attorney(s)-in-Fact and the details of Use bond to which this PowerofAttorney is attached.
1ENv/Rodllj
1. PRODUCT AND COMPANY IDENTIFICATION
Product Identity: RoadSaver W
Recommended use of the chemical and restrictions on use: Dust Control
Manufacturer; EnvlroTech Services, Inc.
910 54th Ave, Suite 230
Greeley, CO 80634
Telephone: (970) 346-3900
Emergency Phone: CHEMTREC: (800) 424-9300
SOS Date of Preparation: 01/26/2022
2. HAZARDS IDENTIFICATION
GHS Classification:
Physical
Health
Environment
Not Hazardous
Not Hazardous J
Not Hazardous
GHS Label Elements:
None Required
3. COMPOSITION/INFORMATION ON INGREDIENTS
Component
CAS No.
Amount
Water
7732-18-5
Balance
Boost
Proprietary
Proprietary
Magnesium Chloride
7791-18-6
27-31%
inc exact concentration is being withheld as a trade secret.
4. FIRST AID MEASURES
Eye: Flush victim's eyes with large quantities of water, while holding the eyelids apart. Get medical attention if
irritation occurs and persists.
Skin: Wash skin thoroughly with soap and water. Get medical attention If Irritation develops. Remove and
launder clothing before reuse.
Ingestion: Do not induce vomiting. Rinse mouth with water and give one glass of water to drink. Never give
anything by mouth an unconscious or convulsing person. Get medical attention if symptoms develop.
Inhalation: Remove victim to fresh air. If breathing is difficult or irritation persists, get medical attention.
Most important Symptoms: May cause slight eye and skin irritation.
Indication of Immediate medical attention/special treatment: immediate medical attention is not required.
Page 1 of 5
Roadsaver W
01/26/2022
9. PHYSICAL AND CHEMICAL PROPERTIES
Appearance And Odor: Clear to amber liquid with little odor.
Ph sical State: L! uid
Odor Threshold: Not established
Vapor Dens : Not determined
Initial Boiling Point/Range:100°C 212°F
Solubiq In Water: Soluble
Vapor Pressure: Not determined
Relative Densl :1,25 1.32
Eva oration Rate: Not determined
Melting/Freezing Point: -2.2-C (28'F)
H: 4-9
VOC Content: Not determined
Octanol/Water Coefficient: Not determined
Solubl : Com fete
Viscosity: `300 cP @20°C
Decomposition Temperature: Not determined
Fiammabill solid as:N2 Not applicable
'�—''—��
Auto) Moon Tem erature: Not determined
FlasF1 rrt: Not determined
Flammable Limits: LE L: Not determined
UEL: Not determined
10. STABILITY AND REACTIVITY
Reactivity: Not normally reactive
Chemical Stability: Stable under normal storage and handling conditions.
Possibility of Hazardous Reactions: None known.
Conditions to Avoid: None known.
Incompatible Materials: Strong oxidizing agents, concentrated acids, and some metals.
Hazardous Decomposition Products: When heated to decomposition emits oxides of carbon and other
harmful or irritating chemicals.
11. TOXICOLOGICAL INFORMATION
HEALTH HAZARDS:
Ingestion: Ingestion may cause slight irritation with nausea, vomiting, and diarrhea.
Inhalation: Inhalation of mists may cause slight irritation of the nose, throat, and upper respiratory tract.
Eye; May cause mild to moderate Irritation with pain and tearing.
Skin: May cause slight irritation on prolonged or repeated contact.
Sensitization: This material Is not known to cause sensitization.
Chronic; None known.
Carcinogenicity: None of the components is listed as a carcinogen or suspected carcinogen by IARC, NTP, or
OSHA.
Germ Call Mutagenicity: None currently known.
Reproductive Toxicity: None currently known.
Numerical Measures of Toxicity:
No toxicity data available
Page 3 of 5
Roadsaver W
01/26/2022
!6. OTHER INFORMATION
NFPA Rating: Health = 0 Flammability = 0 Instability = 0
HMIS Rating: Health = 1 Flammability = 0 Physical Hazard = 0
SOS Revision History;
01/26/2022: New SDS
Disclaimer: This Safety Data Sheet (SDS) is provided in response to customer requests to address
the safe handling of the product. All statements, technical information and
recommendations contained herein are the best of our knowledge, reliable and
accurate. This SDS is not intended to make any representation as to how the product
will perform when used for its intended purpose by a user. in that regards the product
is sold "AS 15" and nothing in this SDS should be deemed to be a representation or
warranty of any injury, loss, or damage, of any kind or nature, which are sustained by
or arise from the use of the product. Nothing in this SDS is intended to be a
representation or warranty by the manufacturer of the accuracy, safety, or usefulness
for any purpose of any technical information, materials, techniques, or practices.
The information contained In this Safety Data Sheet is, to the best of our knowledge, accurate and reliable. This
information should be provided to all individuals handling this product. Federal, state, and local regulations should be
followed when handling this product.
Page 5 of 5
New Contract Request
Entity Information
Entity e * Entity ID * ❑ New Entity?
ENVIROTECH SERVICES INC. 00001622
Contract Name* Contract ID Parent Contract ID
DUST PALLIATIVE SUPPLY 2022 5604
Contract Status Contract Lead* Requires Board
Approval
CTB REVIEW MLIVENCOOD YES
Contract Lead Email Department Project #
MLiven ood@co. elci.co.us
Contract Description *
OUST PALLLIATIVE SUPPLY 2022 (ENVIROTECH)
Contract Description 2
FIRST YEAR CONTRACT WITH A POSPEILE 2 YEAR. NEWAL
Contract Type *
Department
Requested 110CC Agenda Due Date
CONTRACT
PUBLICWORKS
Date* 03=`24/2022
03/26/2022
Amount-*
Department Email
$1 04323&00
CM-
Will a work session with 80CC be required?*
PublicWorks@weldgov,c_om
NO
Renewable *
YES
Department Head Email
Does Contract require Purchasing Dept. to be included?
CM-PublicWorks-
NO
Automatic Renewal
DeptHead2weldgov,corn
NO
County Attorney
Grant
GENERAL COUNTY
ATTORNEY EMAIL
KA
County Attorney Email
CM-
CCUNTYA ORNEr' ELDC
OV.COM
if this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract
Number and Master Services Agreement Number should be left blank if those contracts are not in
On Prase
Contract Dates
Effective Date
Review Date *
Renewal Date
11/2&2022
02/01/2023
Termination Notice Period Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone I
Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 03'21 ,,'2022
Approval Process
Department Head Finance Approver r Legal Counsel
JAY MCDONALD CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03//21,{2022 03/21/2022 03/21/2022
!2022
Final Approval
8OCC Approved Tyler Ref #
AG 032822
8OCC Signed Date
8OCC Agenda Date
03/28/2022
Originator
i LI VENCQOO
C, n*CICF I 5(o&3
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County 2022 Dust Palliative Supply — Envirotech, Sole Source
DEPARTMENT: Public Works DATE: 2/2/2022
PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management
Brief description of the problem/issue:
Weld County has two Dust Palliative Supply contracts to supply the county it's dust mitigation and road stabilization
products. Envirotech and GMCO currently have the contracts for different products used for the programs.
Envirotech Services Inc. holds an active patent on both DuraBlend and BaseBind products making them a sole source
vender for these two products used by Weld County for the dust mitigation and road stabilization programs. Currently
there is no other company that has demonstrated the durability and effectiveness of these two products at a competitive
price.
The Mag-Chloride 70/30 chemical, currently supplied by GMCO, is a less expensive product but is used mainly in our
topical dust mitigation program and can be supplied by several companies. Public works is currently evaluating bids for
this product since GMCO's three-year renewable contract is expiring.
Envirotech Services Inc. will provide Weld County up to 550,000 gallons of DuraBlelnd at $0.96/gallon for a total
contract price of $528,000.00. They will also provide up to 100,000 gallons of BaseBind at $0.96/gallon for a total
contract price of $96,000.00. Weld County will pick both products tip at the Envirotech Services plant in Evans Colorado.
The total amount projected for the sole source dust palliative supplied by Envirotech is $624,000.00.
The budgeted amount for the 2022 contract year for the sole source products is $643,500.00
Public Works has been satisfied with Envirotech's service and products and would like to continue to use both of their
products in the Dust Mitigation and Road Stabilization program this contract year.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1) The Board may agree to award the contract for Envirotech as recommended.
2) The Board may decide not to award the contract.
Recommendation:
Public Works recommends awarding Envirotech the Sole Source contract for DuraBlend and BaseBind that they
hold patents on.
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Schedule
Work Session Other/Comments:
PC: Jay McDonald, Director, Public Works
Curtis Hall, Deputy Director, Public Works
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�G0o�O
WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT
BETWEEN WELD COUNTY & ENVIROTECH SERVICES INC
THIS AGREEMENT is made and entered into this 14 day of February, 2022, 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 Envirotech Services, Inc., [an individual], [a limited
liability partnership] [a limited liability company] [a corporation], who whose address is 910 54th
Ave., suite 230, Greeley Colorado 80634, hereinafter referred to as "Contractor".
WHEREAS, Envirotech Services will provide for pickup up to 550,000 gallons of
RoadSaver Durablend and 100,000 gallons of BaseBind — M Dust Palliative products to Weld
County for use on county gravel roads for dust suppressant and road stabilization.
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. Introductlon.
The terms of this Agreement are contained in the terms recited in this document and in
Exhibits 1 and 2 , each of which forms an integral part of this Agreement. Exhibits 1 and
2 are specifically incorporated herein by this reference. County and Contractor acknowledge
and agree that this Agreement, including specifically Exhibits! and 2 , define the
performance obligations of Contractor and Contractor's willingness and ability to meet those
requirements.
Exhibit 1 contains all of the specific requirements of County.
Exhibit 2 consists of Contractor's Response to County's request for sole source. 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 1 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
Exhibits 1 and 2 . 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 Exhibits 1 and 2 within the time limits prescribed by County
may result in County's decision to withhold payment or to terminate this Agreement.
The material and/or equipment shall be delivered to the location(s) specified herein.
3. Term. The term of this Agreement begins upon the date of the execution of this
Agreement by County, and shall continue through and until Contractor's completion of the
responsibilities described in Exhibits l and 2 . 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 be of the kinds
and qualities which will ensure long life, dependability, and low cost of maintaining and
repairing.
8. 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 $624,000.00, which is the bid set forth in Exhibit 2 .
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 2. 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 1 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 supplies
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; ani
the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld Count.
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 thatthe
County will be notified ofanyt duclion, loss, orormodificationto wvaaga Suchnotice 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
Aggregate
1,000,000
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: Envirotech Serviced, Inc.
Attn.: Tim Pike
Address: 910 54th Ave., Suite 230, Greeley, C) 80634
E-mail: tpike@envirotechservices.com
Office: 970-395-7711
Cell: 970-397-5235
County:
Name: Mike Livengood
Position: Supervisor, Gravel Road Mgmt. Division of Public Works
Address: 1111 H street, Greeley, CO 80632
E-mail: mlivengood@weldgov.com
Phone: 970-400-3575
Cell: 970-381-1035
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 §§24-14-101 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 1, 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 1, County's Request for Proposal, and is a part this
Agreement.)
32. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
33. BindingArbitration 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.
34. Official Engineering Publications: Contract Professional acknowledges and agrees that
the Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards"
establish the requirements for all work performed by Contract Professional under this Agreement,
and that a failure to meet the standards set by these publications may result in withholding by
County of some or all of the Compensation.
35. Compliance with Colorado Department of Transportation Regulations and Standards
Contract Professional acknowledges and agrees that the Colorado Department of Transportation
"Standard Specifications for Road and Bridge Construction" and the Colorado Department of
Transportation Standard Plans "M & S Standards" establish the requirements for all work
performed by Contract Professional under this Agreement, and Contract Professional agrees to
meet or exceed all standards set by these publications. Contract Professional further acknowledger
and agrees that a failure to meet the standards set by these publications may result in withholding
by County of some or all of the Contract Amount.
36. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000
annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor
certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty
percent of the work under this Contract. "Colorado labor" means any person who is a resident of
the state of Colorado at the time of the public works project, who can provide a valid Colorado
driver's license, a valid Colorado state -issued photo identification, or documentation that he or she
has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the
eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado
labor is available to perform the work, and this requirement would create an undue burden that
would substantially prevent the work from proceeding to completion. This section shall not apply
to any project which is funded in whole or in part with federal funds, or where otherwise contrary
to federal law.
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 1 and 2 , 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 14th day
of February, 2022.
CONTRACTOR:
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Name: t and tl�ia�e x-1 c ti
Title: "i LkYf
WELD COUNTY:
ATTEST: tC-W
Weld Court Clerk to the B
BY:
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Contacts:
Question related to the project and procedures should be directed to:
Mike Livengood — Gravel Road Mgmt. Supervisor
Weld County Public Works
(970) 400-3757
enliven ood eld v.com
Ryan Axtman — Construction Inspection Supervisor
Weld County Public Works
(970) 400-3743
raxtman 7a weldgov.com
TERMS AND CONDITIONS:
Curtis Hall — Deputy Director
Weld County Public Works
(970) 400-3721
chall weld ogv.com
This one-year contract is renewable for up to (2) additional years. Material cost
adjustments will be considered at the end of each calendar year that this contract represents.
Any price adjustments must be verified by justification of base bid cost increase of materials,
labor or other associated items included in the original cost of the material supply. Cost
increase must be consistent with regional trends. Weld County will use the ENR Material
Cost Index. The base price per gallon may increase from one year to the next by no more
than the increase percentage reflected in the Engineering News Record for the cost index out
of Denver as a measure of reasonableness for justified increase. Price adjustments will not be
implemented without final approval from Weld County. Weld County reserves the right to
cancel this contract and re -bid the dust palliative supply contract if, in the opinion of the
Public Works Director, the cost increase is not justified or consistent with regional trends.
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process
for any claims filed by the Contractor. Contract claims will follow the appropriate
procedures of Subsection 105.17 except that all claim reviews will be handled by Weld
County or its duly authorized representative.
The following terms of this subsection shall be defined as follows:
Project Engineer shall be Weld County Public Works.
District Engineer shall mean the Weld County Public Works Department or its duly
authorized representative.
Chief Engineer shall mean the Weld County Public Works Department or its duly
authorized representative.
For this project the Weld County Duly Authorized Representatives are:
Project Manager: Mike Livengood Gravel Road Mgmt.. Supervisor
Project Manager: Curtis Hall. Deputy Director
Project Inspector: Ryan AxtrnanConstruction Inspection. Supervisor
REVISION OF SECTION 106
SAMPLES, TESTS, CITED SPECIFICATIONS
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.03 shall be revised as follows:
1) All material shall be made available for inspection by Weld County personnel.
2) The Vendor shall submit a Quality Control Plan to Weld County once the contract has
been approved.
3) Each load will be sampled by the vendor at point of delivery, in a plastic bottle,
witnessed by a county employee. The date, load and bill of lading should accompany
the sample.
REVISION OF SECTION 106
CONTROL OF MATERIAL
Materials shall be stored to assure the preservation of their quality and fitness for the work.
Stored materials, even though conditionally approved before storage, will be subject to
inspection and testing prior to incorporation into the work. Storage of material could be
required for the length of the contract.
GUIDE FOR MATERIALS SAMPLING AND TESTING.
TEST METHODS
1. Percent Concentration of Active Ingredient in the Liquid
Test Method: Atomic Absorption or Inductively Coupled Plasma Spectrophotometry as
described in "Standard Methods for the Examination of Water and Waste Water", APHA-
AWWA-WPCF is acceptable. Test Method "A" in Appendix "A" is used to determine percent
concentration of Calcium Chloride or Magnesium Chloride by Atomic Absorption. The operator
should be aware that the high solids content of the samples can present special considerations
when conducting the analysis.
2. Weight per Gallon
Test Method: Specific Gravity by ASTM D 1429 Test Method A - Pycnometer at 20 C +/- 1 C.
EXHIBIT 1
GENERAL CONDITIONS AND SCOPE:
1. Weld County will not supply any material for this project.
2. The products will be picked up at the vendors production facility.
3. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per minute
(GPM) from the storage tank to a truck.
4. The contractor will follow all rules and regulation stipulated for any permit(s) pertaining to the
vendor's site.
5. Project time will be from February 2022 through March 2023.
6. The vendor shall provide a Supply Bond to the County as arranged by the parties.
7. The vendor shall provide a certificate of insurance to the County as arranged by the
parties.
8. Certified liquid meters are required.
9. Payment shall be made according to the bid prices per gallon times the gallons of material supplied
as determined by the metered gallons picked up.
10. Weld County Public Works personnel normally work Monday through Friday. Occasionally, due to
circumstance beyond our control, work may extend to Saturday and/or Sunday. The vendor is
required to accommodate these situations as necessary for the unit price shown in Exhibit "2".
11. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public
Works. Director, the vendor is not performing according to provisions outlined in this contract or
according to Colorado Department of Transportation Standard Specifications for Road and Bridge
Construction.
12. Weld County reserves the right to utilize county personnel and equipment to load materials at
the vendors facility at any time if, in the opinion of the Public Works Director, the vendors are not
diligently attempting to load materials to efficiently supply county operations.
The specification for material supply shall be in accordance with the Colorado Department of
Transportation, Standard Specification for Road and Bridge Construction 2021, unless otherwise
stipulated in this document. References to the division shall mean Weld County and all
documentation required will be handled through the Weld County Public Work Department.
EXHIBIT 2
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2022 Dust Palliative Price Sheet- Envlrotech
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209.08
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550,000
100,000
Gallons
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5528.000.00
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Firm FnWroTech Sevice_ Inc
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Telephone J __t9?10 3BI5.77n Fa, B 197013 0620
Printed Name and Ttle: Tm Prie � _________________ a "ailltNt6'�
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BOND NO.: 107530016
SUPPLY CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS, That, Envirotech Services, Inc., 910 54th Ave.,
Suite 230, Greeley, Colorado 80634 as Principal, (hereinafter called the Supplier),
and Travelers Casualty and Surety Company of America, One Tower Square, Hartford
CT 06183 as Surety, (hereinafter called Surety), __..
are held and firmly bound unto Weld County. 1150 "O" Street. Greeley, Colorado 80631 as
Oblige, (hereinafter called the Buyer), in the just and full sum of Six Hundred Twenty -Four
Thousand and NO/10.0t% Dollars ($624,000.00 for the payment of which sum, well and truly to
be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators,
executors, successors and assigns, jointly and severally firmly by these presents.
WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated
February 14, 2022 to furnish the following briefly described supplies: Pickup up to 550,000
gallons of RoadSaver Durablend and 100,000 gallons of BaseBind — M Dust Palliative
products to Weld County for use on county gravel roads for dust suppressant and road
stabilization which contract is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said
Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer
through the failure of the Supplier to furnish said supplies in accordance with the terms of said
contract, at the time(s), and in the manner therein specified. This includes any reasonable and
additional costs the Buyer must expend in order to fulfill the terms of the contract, such as
replacing material at additional cost.
IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument
this the
15th dayof_ February .2022
Envirotech Services. Inc.
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
02102/2022
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN
THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lithe certificate hotder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provtsiona or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer tights to the certificate holder In lieu of suchendorsement(s).
PRODUCER
Dena Stewart CIC. CISR
Flood and Peterson
(970) 288 7149 I Nd (870) 568845
PO Box 5711
txtlm
Greeley CO 80632
INSD MPORDINrCOVERAGE
NAtOE
NSURE A: Navigators Insurance Company
42307
INSURED
INSURER B : Berkshire Hathaway Homestate Companies
20044
EnvlroTech Services, Inc.
INeUREn c.
910 54th Avenue, Suite 230
INSURER D
INSURER E
Greeley CO 80634
-- -"" RCVIDIVN pAMOCK:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NURSER
LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
OCCURRENCE
$ 1„0O00O0
ffiaEstEes
$ 500,000
MEDEPfMqeepsIg
25,000
A
MP21NP37092811C
04/15/2021
04/15/2022
p 6AOVNJURY
$ 1.000,000
-GEN1.KiOREoATE LIMITAPPLIEs PER:
POLICY PRO• ®
[21ROC
OTHER:
flPJRtOiAI. TE
$ 2,000,000
PROC S � AGG
2,000,0002,000,000JECT
$
A
AUTOMOBILE
LIABILITY
ANYAUTO
AWNED AUTOS ONLY AUTOSULED
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
FAIIBAP01735610
04/15/2021
04/15/2022
Ea
$ 1,000,000
Llt
BODIYIMJYINJ URY(Perperson)
$
BODILY INJURY(Para ddent)
$
PROPSRTYGE
Madera
$
A
UMBRELLA LIAR
EXCESSLIAO
OCCUR
CLAdt3
MP21NP37092811C
04115/2021
04/15/2022
EACH OCCURRENCE
$ 15,000,000
AGGREGATE
$ 15,000,000
Ds I INC ERmolls
B
MrDRttERS coweRSATtON
AND EMPWYMW LIABILITY YIN
ANY
IMa+Ntamry ExCLUDEP�7 �
It .dueeflbe k
TN oF0rPERAT04tIMav
N / A
EN WC318153
02!01!2022
02/01/2023
1.
Stop Gap Included
E.t_ EACHACCIOBIT
$ 1,000,000
E,L.a_El_E-EA.E_PL0YEE
$
EL DISEASE- POLICYLIMIT
_
$ 1AOO,f10p
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks SoheduN, may be attached If more apace Is required)
RE: Project #B1600045, Dust Palliatives Supply Certificate holder Is included as Additional Insured as required by wrltten contract but only as respects to
liability arising out of work performed by the named Insured, Waiver of subrogation applies, 30 Days notice of cancellation will be given to the Certificate
Holder.
CERTWICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Weld County Public Works ACCORDANCE WITH THE POLICY PROVISIONS.
1111 H Street
PO Box 758 AUTHORIZED REPRESENTATIVE
}L
Greeley CO 80632 �r �
8)1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
Travelers Casualty and Surety Company of America
TRAVELERS Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (herein
collectively
called the "Companies"), and that the Companies do hereby make, constitute and appoint Oulce R Huggins of
O�E
Colorado their true and lawful Atttmey(s).in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of
the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
State of Connecticut
City of Hartford ss.
By:
Robert L. • r Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026 * Hr *
vus`w Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -ht -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognlzances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is kn writing and a copy thereof is filed in the office of the Secretary: and It is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance,
or conditional undertaking shah be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and seated with the Company's seal by a Secretary or Assistant Secretary'
or (b) duty executed (under seal, if required) by one or more Attomeys-in•Fact and Agents pursuant to the power prescribed In his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any. Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or f acts ysdn-
Fast for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facalmue signature or facsimile seal shaft be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 15th day of February , 2022
- 74-
Kevin E. Hughes, As taut Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-.3880.
Please refer to the above -named Attorney(s)-in-Fad and the details of die bond to which this PowerofAttorney Is attached.
SECTION f
PROJECTNO
ANTI -COLLUSION AFFIDAVIT
LOCATION
1 hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, it not, that I have written authorization, enclosed herewith, from that person to make the statements set out below
on
his or her behalf and on behalf of my firma
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime bidder.
2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A. Na attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
retrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high,
noncom-
pelilive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or safe of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid
or agreeing or promising to do so on this project,
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person. and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other projectin consideration for my firms submitting any intentionally high,
noncompetitive or other form of complementary bid, or agreeing or promising to do so. on this project,
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct Inconsistent with any of the statements and representations made in this affidavit.
8. I understand and my firm understands that any misstatement in this affidavit Is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this
contract.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS. THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDGE.
Contraaors ern com1Pmv name
ey Pale
! .Ms
SnA sonitaWefs Mm or erimpeety name SU r.nu vtnUpv i
0Y
Oaia
TNe
orn to b tore me this �3r c day
My uyftlt,+tt esipres
Mantle► It a VERONICA MARIE LOPEZ
_
NOTE: This document must be signed in ink. NOTARY PUBLIC
NOTARY ID 20204010188
MY COMMISSION EXPIRES MARCH 11, 2024
New Contract Request
Entity Information
Entity Name*
ENVIROTECH SERVICES INC
Contract Name *
2022 DUST PALLIATIVE SUPPLY
Contract Status
CTB REVIEW
Entity ID*
'00001622
❑ New Entity?
Contract ID
5603
Contract Lead
MLIVENGOOD
Contract Lead Email
MLivengood@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
2022 DUST PALLIATIVE SUPPLY - SOLE SOURCE (ENVIROTECH)
Contract Description 2
FIRST YEAR OF POSSIBLE TWO YEAR EXTENSION FOR UP TO 550,000 GALLONS OF DURABLEND AND 100,000 GALLONS OF
BASEBIND
Contract Type *
Department
Requested BOCC Agenda Due Date
CONTRACT
PUBLIC WORKS
Date* 03/19/2022
03,'23;2022
Amount*
Department Email
$624,000.00
CM-
Will a work session with BOCC be required?*
Pub]icWorks)weldgov.corn
NO
Renewable
YES
Department Head Email
Does Contract require Purchasing Dept. to be included?
CM-PublicWorks-
NO
Automatic Renewal
DeptHead:weldgov.com
NO
County Attorney
Gant
GENERAL COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY` ELDG
OV.COM
if this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date Review Date * Renewal Date *
11.282022 02.01/2022
ttt +,t . • is ..,
Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name Contact Type
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCC NAW
DH Approved Date
03/0912022
Final Approval
80CC Approved
Signed Date
80CC Agenda Date
03/16/2022
Originator
MUVENGOOD
Contact Email Contact Phone I
Purchasing Approved Date
Finance Approver
CHRIS D'O ,'1D1O
Finance Approved Date
0310/2022
Tyler Ref #
AG 031622
Contact Phone 2
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
03/ 1012022
MEMORANDUM
TO: Board of Commissioners DATE: February 7, 2022
FROM: Jay McDonald, Public Works Director
Curtis Hall, Public Works Deputy Director
SUBJECT: Dust Palliative Supply for 2022 (BID REQUEST NO. B2200043)
Weld County Public Works Department is recommending that the Board of County Commissioners accept the low bid from Envirotech
Services Inc., for 70/30 Mag-Chloride for the Dust Palliative Supply for 2022 at a cost of $0.708 per gallon to be supplied at all three
locations for the 1,473,500 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations.
The Public Works Department also recommends that the Board of County Commissioner accept the bid from Envirotech Services Inc.
for (1) 20,000 gallon portable storage tank and pump at the New Raymer location at no charge.
The cost for the 1,473,500 gallons delivered to the county tanks and the supplied portable tank and pump from Envirotech Services is
$1,043,238.00.
The total budget for the 2022 dust palliative supply 70/30 Mag-Chloride product is $1,046,185.00.
If you have any questions please call Jay at extension 3761 or Curtis at extension 3721.
2OZZ-0435
OZ/I&
WELD COUNTY PURCHASING
1150O Street Room 107, Greeley CO 80631
E -Mail: reverett@weldgov.com
E-mail: cmpetersCc_weldgov.com
Phone: (970) 400-4222 or 4223
Fax: (970) 336-7226
DATE OF BID: JANUARY 28, 2022
REQUEST FOR: DUST PALLIATIVE SUPPLY
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B2200043
PRESENT DATE: 1/31/2022
APPROVAL DATE: 2/14/2022 (ONE YEAR CONTRACT IS RENEWABLEFOR UP TO (2) ADDITIONAL YEARS)
LIQUID DUST
PALLATIVES
TANK
VENDORS
LOCATION
GALLONS
PER GALLON
CONTRACT PRICE
STORAGE
ENVIROTECH SERVICES INC
Greeley
900,000
$0.708
$
637,200.00
910 54TH Avenue #230
Kersey
325,000
$0.708
$
230,100.00
NO CHG
Greeley CO 80634
New Raymer
248,500
0.708
$
175,938.00
NO CHG
Pickup
0.708
GMCO CORPORATION
Greeley
900,000
$0.744
$
699,600.00
P O Box 1480
Kersey
325,000
0.744
$
241,800.00
NO CHG
Rifle CO 81650
New Raymer
248,500
0.744
$
184,884.00
NO CHG
Pickup
0.704
The project, in general consists of delivering 1,473,500 gallons Liquid Dust Palliatives to bulk tanks at our Greeley and Kersey facilities and providing one (1) 20,000 gallon
storage tank (at New Raymer) for use in providing dust mitigation on gravel roads within Weld County.
PUBLIC WORKS WILL BE REVIEWING THE BIDS
2022-0435
Hello