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Home My WebLink About20203745.tiff33ntrac+ =O .4:`--155-1 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 24, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Fuel Island Change Order #1 (2020-3745) Kubat Equipment& Service Company was awarded the bid to remove old tanks and install new fuel tanks at the Weld County Greeley fuel site. It was discovered that the existing E-85 tank also needs to be removed from the site and was not part of the original bid. The cost to remove the existing E-85 tank, piping, dispensers, disposal and upgrading new sub -pumps to accommodate new dispensers is $29,353.00. To accomplish this work in conjunction with the new tank install, a change order to original contract is needed. Therefore, the Facilities Department is recommending approving this change order in amount of $29,353.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 6,4,6„.,2(e6) 0000-3145 BG 00 O 03/31 CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND KUBAT EQUIPMENT & SERVICE COMPANY Date: March 23, 2021 Original Agreement: Weld County document no. 2020-3745 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. All other terms and conditions of the Original Agreement remain unchanged. CONTReC OR: By: Name: Title: Russtl. \\410<--4 Date da ate] C,S ,:,,J "1 BOARD OF COUNTY COMMISSIONERS ATTEST: deld-64) G� JC.drRD WELD COUNTY, COLORADO Weld BY: Deputy Cork to the Bo;ji,��4 T�° n'�tive Moreno, Chair Page 1 of 1 MAR 3 12021 ,2_O.2 -o- 5 -71-/, MEMBER LI ERSPKM{ Ah 03496 BILL TO: Exhibit: Change Order # 1 (!stE,.. BA 1070 So. Oalapago 8t. • Denver. CO 80223 Fax 909.777-+29:14 WELD COUNTY DEPT OF PURCHA 1150 0 STREET GREELEY CO 80631 QUOTE NUMBER 1035130-0000-01 SHIP TO: WELD COUNTY DEPT OF PURCHA 1113 H STREET GREELEY CO 80631 CUSTOMER P.O. NO. C.0 #1 ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** QUOTE NUMBER ORDERED1 B 0 /RET SHIPPED _ SLSMN ORDER DATmliE TAKER CUSTOMER P.O. NUMBER 1084 03/12/21 I 1085 C.0 #1 INSTRUCTIONS ITEM, CODE AND DESCRIPTION DATE ****************************** THANK YOU FOR GIVING KUBAT EQUIPMENT AND SERVICE COMPANY THE OPPORTUNITY TO QUOTE THE FOLLOWING SCOPE OF WORK; NOTE: QUOTE IS AN ADDER QUOTE TO ORIGINAL, RFP/WO#1303529 VERT TANK REMOVAL/AST INSTALL NOTE: QUOTE IS TO REMOVE EXISTING E-85 TANK/PIPING AND DISPENSER AND DISPOSE OF AS WELL AS UPGRADING NEW SUB -PUMPS TO 4HP 3PH TO ACCOMODATE THE NEW UP AND COMING DISPENSERS NOTE: QUOTE IS BASED ON COMPLETING ADDITIONAL WORK WHILE ON SITE COMPLETING THE ORIGINAL VERT TANK REMOVAL AND NEW AST TANK INSTALL.... NOTE: IF QUOTE IS NOT APPROVED TO COMPLETE DURING VERTICAL TANK REMOVAL WORK U/M MULT. FRT. PAGE NO P _ 1 _.. UNIT PRICE AMOUNT CODE EXPLANATION • • STATE TAX APPLICABLE B • FED./OTHER TAX APPUCASLE . • STATE d FEDERAL TAX APPL S • BALANCE BACK ORDERED C • CONSIDER COMPLETE D - DIRECT SHIPMENT F • FACTORY MINIMUM N • RETURNED CYL. FREIGHT IN FREIGHT OUT * * * *SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** Customer Signature *Sales Rep Signature ORIGINAL SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX TAX PAYMENT REC'D. CONTINUED MEMBER iPE!1 -t 03496 BILL TO: 1070 So. Gatapago St, • Denver. CO 80228 Fax 808.777-2824 Comptets Fla Bsrvtee, & Installation -gtvi 77'x-2044 WELD COUNTY DEPT OF PURCHA 1150 0 STREET GREELEY CO 80631 SHIP TO: QUOTE NUMSER 1035130-0000-01 WELD COUNTY DEPT OF PURCHA 1113 H STREET GREELEY CO 80631 CUSTOMER P.O. NO. C.0 #1 ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** QUOTE NUMBER < SLSMN. ORDER DATE -` 1 TAKER CUSTOMER P.O. NUMBER 1035130-0000-01 1084 ORDERED' QUANTITY B OJRET SHIPPED,, MSP, 03/12/21 1085 ( C.O #1 INSTRUCTIONS ITEM CODE AND DESCRIPTION KUBAT WILL REVISE THE QUOTE TO REFLECT ADDITIONAL TRAVEL/TIME TO COMPLETE BEFORE APPROVAL IS ACCEPTED.. KUBAT WILL; - CERTIFIED ELECTRICIAN WILL TERMINATE CONDUIT/CABLING TO THE E-85 SYSTEM AT THE TANK AND DISPENSER. - REMOVE EXISTING TANK TOP EQUIPMENT OFF OF THE E-85 TANK AND DISPOSE OF. - BLOW E-85 PRODUCT LINE BACK TO THE TANK. - REMOVE DISPENSER OFF OF ISLAND AND DISPOSE OF. - CLEAN TANK AND DISPOSE OF RINSATE MATERIALS - CLEAN PRODUCT LINE UIM MULT. DATE FRT. i PAGE NO. P 2 UNIT PRICE AMOUNT CODE EXPLANATION . • STATE TAX APPLICABLE Y - FED./OTHER TAX APPLICABLE + - STATE & FEDERAL TAX APPL. B • BALANCE BACK ORDERED C • CONSIDER COMPLETE D - DIRECT SHIPMENT F • FACTORY MINIMUM rt•RETURNED CYL. FREIGHT IN FREIGHT OUT ****SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** Customer Signature Sales Rep Signature ORIGINAL SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX TAX PAYMENT REC'D. CONTINUED MEMBER LPE 03496 BILL TO: 1070 So. Oale,aa8rs St. • Denver. CO 80223 Faz 803.777-2824 Complete Sales, Service, & Inetollatlon ,dmim.• -'7'77.2044' WELD COUNTY DEPT OF PURCHA 1150 0 STREET GREELEY CO 80631 QUOTE NUMBER 1035130-0000-01 SHIP TO: WELD COUNTY DEPT OF PURCHA 1113 H STREET GREELEY CO 80631 CUSTOMER P.O. N0. C . 0 #1 * **QUOTATION* * ****QUOTATION** * * * *QUOTAT ION* * * * **QUOTATION*** * **QUOTAT ION* * * QUOTE NUMBER SLSMN. ORDER DATE TAKER CUSTOMER P.O. NUMBER 1035130-0000-01 ( 1084 ( 03/12/21 1085 4 C.0 #1 QUANTITY ORDERED B.O.JRET 3a SHIPPED CODE EXPLANATION ' - STATE TAX APPLICABLE r - FED.lOTHER TAX APPLICABLE + - STATE d FEDERAL TAX APPL. B - BALANCE BACK ORDERED CONTINUED C - CONSIDER COMPLETE D • DIRECT SHIPMENT F - FACTORY MINIMUM n • RETURNED CYL. INSTRUCTIONS ITEM CODE AND; DESCRIPTION' - INERT E-85 TANK AND RECEIVE AN APPROVAL FROM INSPECTOR TO REMOVE TANK OFF OF SITE FOR DISPOSAL. - EXCAVATE PRODUCT LINE, REMOVE AND DISPOSE OF NOTE: EXCAVATED SOILS WILL BE STORED ON SITE TO USE FOR BACKFILL MATERIAL - BACKFILL TRENCH TO SUB -GRADE NOTE: KUBAT WILL USE EXCAVATED SOILS STORED ON SITE - SUPPLY/INSTALL CONCRETE IN TRENCH AREA. - LOAD E-85 TANK ONTO HAUL TRUCK AND HAUL OFF TO BE DISPOSE OF OFF SITE. - COLLECT SOIL SAMPLES SURROUNDING AST CONTAINMENT AND DISPENSER AREA. - PROVIDE SITE ASSESSMENT FREIGHT IN FREIGHT OUT U/M 1 ****SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** Customer Signature Sales Rep Signature ORIGINAL DATE FRT. PAGE NO. P 3 UNIT PRICE! AMOUNT SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX TAX PAYMENT RECD. MEMBER PEA 03496 BILL TO: 1070 So. Gabipolgo Sa.. • Denver. CO 80228 Fax S03477.2824 Cow:dere Bates, Samier4 $ Inetattatien L�� 3O3.77'x'-2O446 WELD COUNTY DEPT OF PURCHA 1150 O STREET GREELEY CO 80631 QUOTE NUMBER 1035130-0000-01 SHIP TO: WELD COUNTY DEPT OF PURCHA 1113 H STREET GREELEY CO 80631 CUSTOMER P.O. NO. C.O #1 ***QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** SLSMN ORDER DATE TAKER CUSTOMER P.O. NUMBER QUOTE NUMBER 1035130-0000-01 QUANTITY ORDERED I B.O./RET. 'I 1084 DISP. SHIPPED ~ CODE EXPLANATION • • STATE TAX APPLICABLE N - FED.IOTHER TAX APPLICABLE • STATE S FEDERAL TAX AWL. 0 • BALANCE BACK ORDERED C - CONSIDER COMPLETE D - DIRECT SHIPMENT F • FACTORY MINIMUM rt • RETURNED CYL. 03/12/21 I 1085 _-......_.........._C.'..° #1 INSTRUCTIONS ITEM CODE AND DESCRIPTION SUMMARY REPORT TO OPS. - SUPPLY ADDITOINAL WIRE AND BREAKERS TO GO FROM SINGLE PHASE STP TO 3PH STP CONTROLLERS AND SUB PUMPS. - INSTALL 4HP/3PH UPGRADE KITS ONTO NEW SUBMERSIBLE PUMPS. ****************************** ATTN: TOBY *E-85 TANK REMOVAL MATERIAL WELD COUNTY GOVT 1113 H ST GREELEY CO 80631 *E-85 TANK REMOVAL LABOR 4EA WELD COUNTY FREIGHT IN FREIGHT OUT * * **SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** Customer Signature Sales Rep Signature ORIGINAL 6062.00 7885.00 SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX TAX PAYMENT RECD. PAGE NO: 4 AMOUNT 6062.00 7885.00 CONTINUED MEMBER aPE `�M E€EM'M[M'f RI 03496 BILL TO: 1070 80. Oalepago St. • Denver, Co 80223 Fax 303,?71..2824 Complete Baleen Beni.. Installation ammalmb :SA 777-X'144 WELD COUNTY DEPT OF PURCHA 1150 0 STREET GREELEY CO 80631 SHIP TO: QUOTE NUMBER 1035130-0000-01 WELD COUNTY DEPT OF PURCHA 1113 H STREET GREELEY CO 80631 CUSTOMER P.O. NO. C . 0 #1 * * *QUOTATION* * * * * *QUOTATION* * * * * *QUOTATION* * * * * *QUOTAT ION* * * * * *QUOTATION* * * QUOTE NUMBER SLSMN ORDER DATE if TAKER CUSTOMER P.O. NUMBER DATE- ---- 1035130-0000-01 ORDERED 3.084. QUANTITY DISP B O./RET If... SHIPPED 03/12/21 INSTRUCTIONS 1085 C.0 #1 ITEM CODE AND DESCRIPTION *SUB PUMP 4HP UPGRADE KITS #402671906/MAVFC & VARIABLE SPEED CONVERSION KIT W/AG COMPATIBLE 4HP VAR.SPD W/MAGSHELL *ELECTRICAL MATERIALS WELD COUNTY 1113 H STREET GREELEY CO 80631 *ELECTRICAL LABOR WELD COUNTY K1070E MISC. SHOP SUPPLIES KUBAT ZZOOH UPC# KUBAT ZZOOH NONTAXABLE REMOVAL FEE *CONSTRUCTION LABOR KUBAT CONSTRUCTION LABOR UPC# ZZZZZZ00030 CODE EXPLANATION • • STATE TAX APPLICABLE It - FED./OTHER TAX APPLICABLE * - SLATE 11 FEDERAL TAX APPL. B - BALANCE BACK ORDERED C • CONSIDER COMPLETE b - DIRECT SHIPMENT F - FACTORY MINIMUM rt - RETURNED CYL. FREIGHT IN FREIGHT OUT ****SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** Customer Signature Sales Rep Signature ORIGINAL FRT. I PAGE NO. P 5 UNIT PRICE AMOUNT 2752.00 1890.00 1250.00 5.00 4005,00 8256.00 1890.00 1250,00 5.00 4005.00 SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX TAX PAYMENT RECD. CONTINUED MEMBER m mPD R 03496 BILL TO: 1070 So. Onlapago St. • Deaver. CO 80228 Fax 808.777-2824 Complete Sales, Service, & Installation WELD COUNTY DEPT OF PURCHA 1150 O STREET GREELEY CO 80631 SHIP TO: QUOTE NUMBER 1035130-0000-01 WELD COUNTY DEPT OF PURCHA 1113 H STREET GREELEY CO 80631 CUSTOMER P.O. NO. C.O #1 ***(QUOTATION******QUOTATION******QUOTATION******QUOTATION******QUOTATION*** QUOTE NUMBER SLSMN. ORDER DATE TAKER _ 1035130-0000-01 QUANTITY ORDERED 11 B.O./RET. SHIPPED I CUSTOMER P.O. NUMBER 03/12/21 1085 C.O #1 INSTRUCTIONS ITEM CODE AND DESCRIPTION *SERVICE LABOR KUBAT SERVICE LABOR UPC# ZZZZZZ00020 *DUMP FEE/SHOP SHOP DISPOSAL UPC# ZZZZZZ00360 I r U/M MULT. HR P UNIT PRICE CODE EXPLANATION • - STATE TAX APPLICABLE i • FEDIOTHER TAX APPLICABLE w • STATE 8 FEDERAL TAX APPL. 8 • BALANCE BACK ORDERED C • CONSIDER COMPLETE D - DIRECT SHIPMENT F - FACTORY MINIMUM rt • RETURNED CYL. ****SEE ATTACHED TERMS & CONDITIONS WHICH ARE PART OF THIS QUOTATION**** Customer Signature Sales Rep Signature ORIGINAL SUB TOTAL MISC. CHARGE TELE. CHARGE FREIGHT TOTAL FED./OTHER TAX TAX PAYMENT RECD. 6 29,353.00 0.00 0.00 0.00 TOTAL AMOUNT DUE 29,353.00 New Contract Request Entity Information Entity Name* KUBAT EQUIPMENT AND SERVICE CO IN'C. Entity ID* @0033185 Contract Name* FUEL ISLAND CHANGE ORDER # 1 2027-3745 Contract Status CTE RBIEW Contract Description* ADDITIONAL .SCOPE OF WORK (SEE EXHIBIT) Contract Description 2 Contract Type*. CHANGE ORDER Amount* S29,353.00 Renewable* NO Automatic Renewal t !GA Department BUILDINGS AND GROUNDS Department Email CM- BuiidingGroundsc,T eidgov,c om Department Head Email CM-BuildingGrounds- DeptHead'2weldgov,com County Attorney GENERAL COUNTY .ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNElr'�7 ELDG OV.COM New Entity? Contract ID 4587 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman,gco.weld.co.us Requested BDCC Agenda Date* 03:31:2021 Parent Contract ID Requires Board Approval' YES Department Project # Due Date 03/27/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewalenter 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 OnBa.se Contract dates Effective Date Review Date" 7 2 3 i 2021 Renewal Date Termination Notice Period Contact Info illation Contact Info , Contact Name. Purchasing Committed Delivery Date Contact Type Contact Email Expiration Date' 1231 ,2021 Contact Phone 1Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TA`r'LO DH Approved Date 03,26/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date X3;`31 2021 Originator SCEE:SA:MAN Finance Approver BARE CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date. 03/29.'2021 03:`29,`2921 Tyler Ref AC 033121 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & KUBAT EOUIPMENTAND SERVICE COMPANY GREELEY FUEL TANKS REPLACEMENT THIS AGREEMENT is made and entered into thisdP7 ay of , 2021, by and between the County of Weld, a body corporate and politic of the Stat of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Str et, Greeley, Colorado 80631 hereinafter referred to as "County," and Kubat Equipment and Service Company whose address is 1070 S. Galapago St. Denver, CO 80223, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000195". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement teGoo.2.2 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. 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. 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. 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. 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $273,782.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits 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. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. 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. 10. 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. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all 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. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services 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. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals 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/Contract Professionals 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 insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 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 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. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional 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 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 with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional 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. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals 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/Contract Professional 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/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional'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/Contract Professional. Contractor/Contract Professional 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/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. 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, Toby Taylor. 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: Kubat Equipment and Service Company Attn.: Russell Haddock Address: 1070 S. Galapago St. Address: Denver, CO 80223 E-mail: rhaddock(a,kubatequip.com Telephone: (303) 903-9646 coon : Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttayloraco.weld.co.us Facsimile: 970-304-6532 18. 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. 19. 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. 20. 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. 21. 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. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this 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 Govemmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §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 or 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 an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. WITNESS WHEREOF, the parties hereto have signed this Agreement this a? day of , 2021 Kubat Enui merit aid Name: 12„sskil Title: (L) -5.,`c0,k vice Comoanv Date 1 ) g - a1/4,75a / WELD COr,_ / �,� ATTES �4,uWJ Wel. o my CI to the =•ard B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JAN 2 5 2021 o2oao - 3M§ Exhibit A BEQUEST II- BID WELD COUNTY, COLORADO 1150 C STREET GREELEY, C 80631 DATE: NOVEMBER 18, 2020 BID NUMBER: B2000195 DESCRIPTION: GREELEY FUEL TANKS REPLACEMENT DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE: DECEMBER 2, 2020 @ 1:30 PM BID OPENING DATE: DECEMBER 159 2020 `Oo00 AP§ 1. NOTICE To BIDDERS: The B and of County Commissioners of Weld County, olorado, by and througr its Ct ntrollr/Purchase Director (collectively referred to herein as, "Weld County"), wishes to purchase the fo I owing: * GREELEY FUEL TANKS REPLACEMENT A mandatary ore -bid copference will be held on glecember � 20.,z0 at 1:30 PIVI at 1105 H alert, Greeley, Cr 8063'1. Bidders must participate and record their presence at the preabid cs ferrence to be allowed to submit bids_ We will be aahering to current state nodal dstandng guidelines, Bids will be received until: �r 3 LE S E NOM� . ui e the races lt eves is surroundung the Coronaviirus (C o V010-19) pandernic, some CoLLInty ernplofiyees are tSeworking; therefore, ,Poie..1 for conference btforrnatian.** PAGES 1 - $ 4F THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQtJE5T NUMBER REFERRED TO A@OVE, NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICAPLE ?VERY PURCHASE. 81C? SPEPjFlCS FOLLOW PACE $. 2. INVITATION To BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise an /or equipment shall be delivered to the location(s) specified herein Bids shall inc ude any and all charges for fright, deliv ry, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price hich the idder will expect Weld Cowry to pay if award 7d the bid. You can find information concerning this request on the =idNet Direct website at https://www.bidnetdirect.corn/ Weld County GovernmenA 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, addendms, and awards on this one certralized system. Bid Deliverer to Weld County: 1. Email. Due to the Coronavirus (GOO � a1 ��9 emaRled Nda are rc gd[red. Bids may be emaile• to bids@weldgov.com, however, if your bid exceeds 25MB please upload your bid to https://www,bjdnetdirect.com. The maximum fide size to upload to BidNet is 500 MB. format re p•; Laved. Emailed bids must include the f allowing statement of the email: 11 hereby weve y iteght to a sealed hod". 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. INSTRUCT! * NS TO BADDERS: INTROCUCTORYINFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received f r oI f 1 the withdrawing g bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under BID REQUEST #B2000195 Page 2 this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures t• 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 servic s knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and Cowl* within three (3) days that Successful bider has actual knowledge that a subcontractor is employing or contracting with an illegal „lien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file cpies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds und<;r the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld C •aunty receives a CORA request for bid information marked "CONFIDENTIAL", staff will revie the confidential materials to determine whether any of therm 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: •; term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B2000195 Page 3 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its aces and those of its agents and employees for all acts oerformed pursuant to the contract. Neither the successful bidder nor any agent or employe -1 thereof shall be deemed to be an agent or employee of Weld ":ounty. --he successful bidder and its employees and agents are not entitind to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the succssful bidder o r 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 respnsibilities 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: Comp T as n ce with Law: The successful bidder shall strictly comply with all applicable federal and state lams, 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, ex-cution, 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 csntract. It is the express intention of the u ndersigned parties -that -any enti lyotheo than the undersigned parties receiving se dices.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. 1. ®isadvantag- d Business Enterprises: Weld County assures that disadvantaged business enterpriss will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirern ants o utlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment i,,,r to terminate this Agreement. Term: 'he 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. Temilnation: 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 •f the Agreement. M. Extensior Modification: Any amendments or modifications to this agreement shall be in writing signd by both parties. No additional services or work performed by the successful bidder shall be the basis BID REQUEST #82000195 Page 4 for additional compensation unless and until the successful bidder has obtained written authorizwtion and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. BID REQUEST #B2000195 Page 5 S. Employee Financial 1nterest/Conflict of Interest - C.R.S. §§24-18-20/ 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 eld 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 L;..1 The - -- �- _1 bidder �1_�._.,_1... _ _ 1 __ .Cllr ,� will V � made County unless Ulu. 1 I ie �b.dt:uesbrul bidder acknowledges es I 0 payment it r excess or that amount will be (�1Iade b�( a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and lndemnification. Contract Professionals 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. Contract Professionals shall keep the required insurance coverage in force at all times during the terra of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/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 is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. BID REQUEST #82000195 Page 6 The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems 4ppropriate and/or prudent, maintain higher imits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assured or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional 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 Feld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of .all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, i;s officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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 unthr this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional 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 Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award a this contract, the Contract Professional gP es 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 Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. l�A Types of Insurance: The Contract Professional 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 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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggreckte; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional 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. BID REQUEST ##B2000195 Page 7 Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals 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 Contract Professional 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, Contract Professional's insurer shall name County as an additional insured. VVaiver of Subrogation: For all coverages, Co ttrad Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, 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 ##B2000195 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORD AND PROPOSED PRICING: GREELEY FUEL TANKS REPLACEMENT This is a request for bid to provide and install new fuel tanks at the Weld County Greeley Fuel Site facility located at 1113 H Street, Greeley, CO 80631. SCOPE OF WORK The current fuel site consists of six (6) vertical tanks. The intent of this bid is to replace these six vertical tanks with three horizontal tanks. The horizontal tanks shall be placed inside the existing dikes and tied into the existing fueling facility's truck off-load and dispenser system using the following specifications: I. Replace six (6) vertical tanks with three (3) Fireguard 12,000 horizontal tanks that are 10' 6" diameter x 24' long. Current tanks are in three separate dikes with two tanks per dike. 2. Replacement tank shall be one 12,000 -gallon horizontal tank per dike. 3. Two of the new horizontal tanks shall be for diesel fuel. And the single tank for gasoline fuel. Piped to appropriate dispenser demarcations. 4. All tanks shall have isolation valves. 5. Contractor shall supply tanks that are FIREGUARD® double -wall fire -protected aboveground storage tank that features an inner and outer steel tank with a unique lightweight thermal insulation material that exceeds the UL 2_hour fire test. Insulating material is 75% lighter than concrete, reducing shipping, installation and relocation costs. 6. Tank will be 10' 6" diameter 24' 6" long 12,000 -gallon UL2085 Fireguard mounted on saddles. 7. Tank will include: A. 1 — 24" above liquid manway B. 2 — 10" flanged fittings for emergency gents C. 1 — 6" flanged fitting for overfill valve D. 4 — 4" openings E. 2 — 2" openings FE Petro STPAGH , 150 -VL2 submerged pump with CBS single phase control box per tank G. 2 — 8" Morrison 245 Flanged light weight emergency vent per tank H. 1 — Morrison 9095AA-0300 AVEVR overfill valve for remote fill per tank 1. 1 — Morrison 354-0300AV Atmospheric vent 1 per tank 8. Contractor is responsible to make all connections to ensure installation meets Colorado Gil & Public Safety (OPS) requirements. To include; tank sump, pumps, overfill valves, anti -siphon valves, spill container, tank probe, etc., as required for this application. 9. Contractor is responsible for current tank demolition and disposal. 10. The E-85 tank will remain and is not part of this scope of work. 11. Contractor shall be responsible for all electrical and plumbing associated with the tank replacements. 12. Contractor shall deliver the tank to the site and set in place. 13. Fuel site downtime shall be coordinated and approved by the County to minimize downtime. 1.4. Contractor shall program dispenser & card reader (management system) to be compatible with new tank quantities and functionality. The programming must be compatible with the current Weld County system which is GasBoy's Fleet Head Office v6.4.413. 15. Contractor shall purge product lines & dispensers as required. 16. Contractor is responsible for obtaining all permits. Fees for permits obtained through Weld County will be waived. All other permit fees shall be included in bid. 17. Contractor will be responsible for completing tank closure and new tank installation permitting along with pictures to Colorado OPS. 18. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 19. All work is to be completed in a professional workmanship manner. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Bids over $50,000 will require a payment and performance bond. 22. Provide a total cost of turn -key fuel tank replacement. BID REQUEST #B2000195 Page 9 PROJECT SCHEDULE The following is a listing of dates for this project: Date of this Bid Advertisement Date Pre -Bid Conference Bids Are Due Contract Award Contract Execution Delivery & Installation PRICING November 18, 2020 November 18, 2020 December 2, 2020 December 15, 2020 December 30, 2020 January 6, 2021 Upon tank arrival (provide dates below) FUEL TANK REPLACEMENT TOTAL START DATE FINISH DATE A. mandatory prey -bid conference will be held on December_2q 2020 at 1.30 PM at 1105 H Street, Greeley, CO 80631, we will be adhering to current state social distancing guidelines. Bids will be received up to, but not later than December 15, 2020 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). TITE BIM OPENING ',VI/TILL BE HELD VIA A SKYPE C ;:Tti., TI 4"NCE CA i AL. To join calls 1 (720) 439-5261 and enter Conference ID: 638 5731 Due to the Corrnnnyirfag (c OVIT 1.19) l� 21 TO P.Tri r �fr�� finilE_aro�, in.p ohn ngiP% hvo flIPPrn nrintr e to nay runtrarpn .'�' -� •• 7 C9 v r a v a process until future notice: 1) No hard copies of bids will be accepted. 2) Only one electronic copy of your bid is needed. PDF format is required. 3) Email bids to bidatweldgov•com. If your bid exceeds 25MB please upload your bid to �,► • ��rect,Co�rll. The maximum file size to upload to BidNet is 500 MB. Please call Weld County Purchasing with any questions at 970-400-4222 or 4223. BID REQUEST #82000'195 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #EB2000195. 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, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO DATE FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-0355100000. SI ,Q sa ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST ##B2000195 Page 11 ADDENDUM#1 BID REQUEST NO. B2000195 Greeley Fuel Tank Replacement Amend item 14 of the bid as follows: 14. Contractor shall program dispenser & card reader (management system) to be compatible with new tank quantities and functionality. The programming must be compatible with the current Weld County system which is GasBoy's Fleet Head Office v6.4.413. Provide the name/company that will be programming so validation of programming credentials can be performed. ***We need signed copy on file. Please submit with your bid. Thank your** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL December 10, 2020 Greeley Fuel Tank Replacement Bid B2000195 Questions & Answers — Posted 12/10/20 1. Question: The RFB notes Flanged Fittings for some of the new tank top fittings. Would you allow threaded fittings for those noted to be flanged? Answer: Refer to plan for desired installation (flange) 2. On #14 in the Scope of Work requirement it notes to "program dispenser & card reader to be compatible with new tank quantities and functionality. Please clarify this statement and confirm if your existing fuel management system (GasBoy) is currently tracking the existing tank quantities and your FHO also has that program to do so (apologize for not being better acquainted to the FH0/GasBoy system as I am only familiar with fuel management systems being able to interface to the tanks volumes through certain tank gauge systems (i.e. veeder root for example) and there software and no "programming" is involved for the dispensers or the actual FMS pedestal but would be "re -programmed" to the tank gauge system for the proper sized tanks being used Answer: The fuel tank. replacement contractor must either have the programming capabilities VV 111 I II I LAIC!! own workforce A R A [i e' d^t I, �, a t ,.S 1-111111.1/ 1/4.1!9 9,u0ILI CILlul I USt aiib-cont act threctly Zvi h GasBuy as part of this bid response and pricing to ensure aii proper programming is accomplished to retain current capabilities. The programming must interface with the current Fleet Head Office (FRO) software. This programming is a requirement for the complete turn -key package. Contractor shall provide source of programming in their bid response so reference verification can be made prior to award. Failure to provide this verification will result in bid disqualification. 3. Are the current Morrison Clock Tank Gauges on top of the vertical tanks flanged or threaded and what size (i.e. 4"/6" etc) Answer: This was available for view at the pre -bid Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: GREELEY FUEL TANKS REPLACEMENT This is a request for bid to provide and install new fuel tanks at the Weld County Greeley Fuel Site facility located at 1113 H Street, Greeley, CO 80631. SCOPE OF WORK The current fuel site consists of six (6) vertical tanks. The intent of this bid is to replace these six vertical tanks with three horizontal tanks. The horizontal tanks shall be placed inside the existing dikes and tied into the existing fueling facility's truck off-load and dispenser system using the following specifications: 1. Replace six (6) vertical tanks with three (3) Fireguard 12,000 horizontal tanks that are 10' 6" diameter x 24' long. Current tanks are in three separate dikes with two tanks per dike. 2. Replacement tank shall be one 12,000 -gallon horizontal tank per dike. 3. Two of the new horizontal tanks shall be for diesel fuel. And the single tank for gasoline fuel. Piped to appropriate dispenser demarcations. 4. All tanks shall have isolation valves. 5. Contractor shall supply tanks that are FIREGUARD® double -wall fire -protected aboveground storage tank that features an inner and outer steel tank with a unique lightweight thermal insulation material that exceeds the UL 2 —hour fire test. Insulating material is 75% lighter than concrete, reducing shipping, installation and relocation costs. 6. Tank will be 10' 6" diameter 24' 6" long 12,000 -gallon UL2085 Fireguard mounted on saddles. 7. Tank will include: A. 1 — 24" above liquid manway B. 2 — 10" flanged fittings for emergency vents C. 1 — 6" flanged fitting for overfill valve D. 4 — 4" openings E. 2 — 2" openings F. 1 — FE Petro STPAGH — 150 -VL2 submerged pump with CBS single phase control box per tank G. 2 — 8" Morrison 245 Flanged light weight emergency vent per tank H. 1— Morrison 9095AA-0300 AVEVR overfill valve for remote fill per tank I. 1 — Morrison 354-0300AV Atmospheric vent 1 per tank 8. Contractor is responsible to make all connections to ensure installation meets Colorado Oil & Public Safety (OPS) requirements. To include; tank sump, pumps, overfill valves, anti -siphon valves, spill container, tank probe, etc., as required for this application. 9. Contractor is responsible for current tank demolition and disposal. 10. The E-85 tank will remain and is not part of this scope of work. 11. Contractor shall be responsible for all electrical and plumbing associated with the tank replacements_ 12. Contractor shall deliver the tank to the site and set in place. 13. Fuel site downtime shall be coordinated and approved by the County to minimize downtime. 14. Contractor shall program dispenser & card reader (management system) to be compatible with new tank quantities and functionality. The programming must be compatible with the current Weld County system which is GasBoy's Fleet Head Office v6.4.413. 15. Contractor shall purge product lines & dispensers as required. 16. Contractor is responsible for obtaining ail permits. Fees for permits obtained through Weld County will be waived. All other permit fees shall be included in bid. 17. Contractor will be responsible for completing tank closure and new tank installation permitting along with pictures to Colorado OPS. 18. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 19. All work is to be completed in a professional workmanship manner. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Bids over $50,000 will require a payment and performance bond. 22. Provide a total cost of turn -key fuel tank replacement. BID REQUEST #B2000195 Page 9 PROJECT SCHEDUI .E The following is a listing of dates for this project: Date of this Bid Advertisement Date Pre -Bid Conference Bids Are Due Contract Award Contract Execution Delivery & Installation PRICING November 18, 2020 November 18, 2020 December 2, 2020 December 15, 2020 December 30, 2020 January 6, 2021 Upon tank arrival (provide dates below) FUEL TANK REPLACEMENT TOTAL START DATE FINISH DATE $ 2 743, 7$IZ 4/5/2021 5/7/2021 A mandatory pre -bid conference will be held on December 2.2020 at 1:30 PM at 1105 H Street, Greeley, CO 80631. We will be adhering to current state social distancing guidelines. Bids will be received up to, but not later than December 15, 2020 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). THE BID OPENING WILL BE HELD VIA A SKYPE CONFERENCE CALL. To join call: 1 (720) 439-5261 and enter Conference ID: 63875731 Due to the Coronavirus (COVID-19) pandemic, the following changes have been made to our current bid process until future notice: 1) No hard copies of bids will be accepted. 2) Only one electronic copy of your bid is needed. PDF format is required. 3) Email bids to bids(&weldgov.com. If your bid exceeds 25MB please upload your bid to baps://www.bidnetdirect.com/. The maximum file size to upload to BidNet is 500 MB. Please call Weld County Purchasing with any questions at 970-400-4222 or 4223. BID REQUEST #62000195 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82000195. 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, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM KUBAT EQUIPMENT AND SERVICE COMPANY By RUSSELL HADDOCK (Please print) BUSINESS ADDRESS 1070 S GALAPAGO ST DATE 12/14/2020 CITY, STATE, ZIP CODE DENVER, CO. 80223 TELEPHONE 303-9033- 6 FAX 303-777-2324 TAX ID # 840394379 SIGNATURE �b `_�� E-MAIL rhaddock@kubatequip.com **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1-8, ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #62000195 Page 11 Form (Rev. Department internal Wre0 August 2013) of the Treasury Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. N a R a o m c _o -h `o c � Name (as shown on your income tax return) Kubat Equipment & Service Co Business name/disregarded entity name, if different from above Check appropriate ❑ IndividuaVsole box for federal tax classification: , Trust/estate I. Exemptions Exempt payee Exemption code (rf any) (See instructions): code (if any) 3 propdetgr C Corporation El S Corporation Partnership El company. Ester the tax classification C=C ca ( corporation, S� corporation, P=partnership) I♦ Limited liability from FATCA reporting ❑ Other (see inetruotions}► Address (number. street and apt. or suite no. 1070 S Galapago St Requester's name and address (optional) Weld County Colorado 1150 O Street Greeley, CO. 80631 City, state, and ZIP code Denver, CO 80223 List account number(s) Irene (optional) T....... �.. rJ_:�atta__at__ •.____� _ __ w•.•.. Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avold backup withholding. For individuals, this is your social security number (SSN)_ However, for a resident aYen, sole proprietor, or disregarded entity, see the Part t instructions on page 3. For other entities, it is your employer identification number (E(N). If you do not have a number, see How to get a 77N on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Part II i Social security number I Employer identification number I a 4 0 3 9 4 3 7 9 Certification Under penalties of perjury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report al Interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding. and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form tif any) indicating that I am exempt from FATCA reporting is correct Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Q'cma segn M "e,m,e Loma person; D. Richard Lorenz wlrl0f1.t2o,v rsi ttroW General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irsgov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) wa be posted on that page. Purpose of Form A person who is required to lite an information rehxn with the IRS must obtain your correct taxpayer Identification number (RN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions. mortgage interest you paid, acquisition or abandonment c seared property, cancellation of debt. or contributions you made teen IRA. Use Form W-9 only if you are a U.S. parson (inducting a resident alien), to provide your correct TIN to the person requesting it (tire requester) and, when applicable. to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued). 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withhotdrrg if you are a U.S, exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. Made or business is not subject to the Date. 12/01/2020 withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this forth (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially Similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special etha rules for Unitd States partnerships. required Partnerships that conduct a trade or business in 1446 on any foreign partner's' generally opapa wIthhokiing tax under section effectively connected taxable income from such business. Further, in certain CMOS where a Forth W-9 has not been received. the rules under section 1448 require a parnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade Or business in the United States, provide Form W-9 to the partnership to estebireh your U.S. status and avoid section 1448 withholding on your share of partners,* income. Cat. No. 10231X Form W-9 (Rev. 8-2013) Petroleum Handling Equipment for Retail and Commercial Fueling Applications EQUIPMENT <•+..entrensaQ� Ilion--, 1070 Su. Galapago St. • Denver, CO A022.9 Fax 9071.777-2324 deplete Sabi Service. & lwdaltatton 303.777-2044 Safety — "It's the Key to Success" WELD COUNTY, COLORADO 1150 O STREET CTREELEY, CO 80631 Automotive Service Equipment Industrial Products Bill) NUMBER: B2000195 I)ESCRIPTION: GREELEY FUEL TANKS REPLACEMENT MENT DEPARTMENT: BUILDINGS Sc GROUNDS ADDENDUM #1 (CERTIFICATIONS) NOTE: KU RAT COMMERCIAL MANAGER ,rAsoN LITTLE'S GILBA.RCOi GASBOY CERTIFICATION IS CERT#1;414721 RUSSELL HADDOCK Serving the rocky mountain area --_ 1 ®1 A� ED CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 11/18/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Brandie Zuckerman, CIC NAME: PH0NN . Ext): (303) 824-6600 I n/XC, No): (303) 370-0118 E-MAIL brandie.zuckerman@moodyins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Homeland Ins Co of NY 34452 INSURED Kubat Equipment & Service Company, Inc. (KESCO) KESCO Enterprises, LLC 1070 S Galapago St Denver CO 80223-2804 INSURER B : Selective Insurance CO of America 12572 INSURER C : Pinnacol Assurance 41190 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20-21 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBH WVD POLICY NUMBER POLICY EFF (MM/DO/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 7930040310005 12/01/2020 12/01/2021 EACH OCCURRENCE $ 1,000,000 N PREMISES (Ea occurrence) $ 150,000 I CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE P POLICY OTHER: X LIMITAPPLIES PRO JECT PER: LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X _ _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY S232448200 12/01/2020 12/01/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist BI- $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 7930040320005 12/01/2020 12/01/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I XI RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N N N/A 4119184 12/01/2020 12/01/2021 XI STATUTE I I EORH E. L. EACH ACCIDENT 1 ,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 0,00 000 $ , A Pollution Liability Professional Liability 7930040310005 12/01/2020 12/01/2021 Pollution Limit Professional Limit Aggregate 1,000,000 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Weld County Dept of Building & Grounds 1105 H Street Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 04114 V96uuaonco-k)jeanc4 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00003656 LOC #: ACORD® ADDITIONAL REMARKS SCHEDULE Page of AGENCY Moody Insurance Agency, Inc. NAMED INSURED Kubat Equipment & Service Company, Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS General Liability: OBENV GE 301 0211 Form Attached Includes: Blanket Additional Insured for ongoing operations status applies only to the extent provided in form OBENV GE 301 0211 when required by written contract. OBENV GE 304 0211 Form Attached Includes: Blanket Additional Insured for Completed Operations status applies only to the extent provided in form OBENV GE 304 0211 when required by written contract. OBENV GE 320 0411 Form Attached Includes: Blanket Waiver of Subrogation applies only to the extent provided in form OBENV GE 320 0411 when required by written contract. OBENV GE 319 0211 Form Attached Includes: Primary and Non -Contributory status only to the extent provided in form OBENV GE 319 0211 when required by written contract. OBENV GL 324 0713 Form Attached Includes: Designated Project General Aggregate applies only to the extent provided in form OBENV GL 324 0713 when required by written contract. Auto Liability: CA7816 1117 Form Attached Includes: Blanket Additional Insured status applies only to the extent provided in form CA7816 1117 when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form CA7816 1117 when required by written contract. Blanket Primary and Noncontributory applies only to the extent provided in form CA7816 1117 when required by written contract. Excess Liability: Excess Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Pollution Liability, Professional Liability, Automobile Liability, and Employers Liability. Additional insured status will follow when required by written contract. OBENVXS 300 0411 Form Attached Includes: Blanket Waiver of Subrogation applies only to the extent provided in form OBENVXS 300 0411 when required by written contract. OBENVXS 301 0411 Form Attached Includes: Primary and Non -Contributory status only to the extent provided in form OBENVXS 201 0411 when required by written contract. Worker's Compensation: 359-B From Attached Includes Blanket Waiver of Subrogation. Status applies when required by written contract. Leased / Rented Coverage - 50,000 Selective Insurance Company — Policy Number S232448200 Effective 12/01/2020 - 12/01/2021 Installation Floater - Limit at Single Location: $300,000 Selective Insurance Company — Policy Number S232448200 Effective 12/01/2020 - 12/01/2021 IMPORTANT: The policy forms referenced will be sent via email only. To obtain copies, please send your request with the email address to certrequest@moodyins.com. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract Request Entity Information Entity Name* KUBAT EQUIPMENT AND SERVICE CO INC Contract Name* GREELEY FUEL TANKS REPLACEMENT Contract Status CTB REVIEW Entity ID* L4'00033185 Contract Description* RELPACE THE FUEL TANKS AT THE GREELEY FUEL SITE. Contract Desoiption 2 Contract Type* CONTRACT Amount* $273,782.00 Renewable* NO Automatic Renewal Grant Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds weldgov.c Om Department Head Email CM-BuildingGrounds- DeptHead Aveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYgW"ELDG OV.COM ❑ New Entity? Contract ID 4.380 Contract Lead* SGEESAMAN Contract lead Email sgeesamangco.weld.co.us Requested BOCC Agenda Date* 01120;2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 01 ' 16 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank: if those contracts are not in OnBase Contract Dates , Effective Date Review Date* 1 2 `0l ,, 2021 Re Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Contact Type Contact Email Expiration Date* 12;01 ;'2021 e 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 01 ,' 18,,2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01,+2512021 Originator SGEESAMAN Finance Approver BARB CONNOLLY Legal Counsel BOB CH©ATE Finance Approved Date Legal Counsel Approved Date 01 / 19/2021 01 ;' 19,12021 Tyler Ref # AG 012521 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 29, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Greeley Fuel Tank Recommendation; Bid - B2000195 As advertised this bid is to replace the fuel tanks at the Greeley Fuel site located at 1113 H -Street. The low bid is from Patriot Petroleum Solutions. However, the bidder returned a signed Addendum 1 acknowledging the requirement to identify the entity (or person) that is certified with valid programming credentials to be compatible with the Gasboy Fleet Head Office software. Although they acknowledged the requirement, Patriot failed to provide the name of the certified programmer. In additional correspondence, Patriot acknowledged they did not have a certified programmer. Therefore, their bid is incomplete. The second low bidder is Kubat Equipment & Service. Their bid response included a sheet which identifies who their programmer will be along with certification number. Therefore, it meets specifications. Therefore, Buildings & Grounds is recommending the award to Kubat Equipment and Service Company for $273,782.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ai 3O CDa0 - 319 5 6Go©aa WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters(cr�weldgov.com E -Mail: reverett(a�weldgov.com E -Mail: rturf(cr�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: DECEMBER 15, 2020 REQUEST FOR: GREELEY FUEL TANKS REPLACEMENT DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B2000195 PRESENT DATE: DECEMBER 16, 2020 APPROVAL DATE: DECEMBER 30, 2020 VENDOR TOTAL START DATE FINISH DATE PATRIOT PETROLEUM SOLUTIONS $196,383.49 03/22/2021 04/02/2021 103 12TH ST SE, STE 181 LOVELAND, CO 80537 KUBAT EQUIPMENT & SERVICE CO $273,782.00 04/05/2021 05/07/2021 1070 S GALAPAGO ST DENVER, CO 80223 CGRS, INC $292,374.37 03/15/2021 04/09/2021 1301 ACADEMY CT FORT COLLINS, CO 80524 EATON SALES & SERVICE LLC $308,485.00 03/29/2021 04/30/2021 4803 YORK ST DENVER, CO 80216 E.T. TECHNOLOGIES, INC $340,800.00 03/29/2021 05/15/2021 10000 S DRANSFELDT RD, STE 100 PARKER, CO 80134 THE DEPARTMENT OF BUILDINGS AND GROUNDS IS REVIEWING THE BIDS. X020 - 3 7� 16g-o0aa Hello