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Home My WebLink About20210581.tiffRESOLUTION RE: APPROVE RESCINDING DOCUMENT #2020-3184, DATED DECEMBER 21, 2020, AGREEMENT FOR PROFESSIONAL SERVICES FOR MAGNESIUM CHLORIDE TANKS (KERSEY AND GREELEY - BID #B2000189) - PATRIOT PETROLEUM SOLUTIONS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on December 21, 2020, the Board approved Document #2020-3184, Agreement for Professional Services for Magnesium Chloride Tanks (Kersey and Greeley — Bid #B2000189), on behalf of the Facilities Department, and Patriot Petroleum Solutions, LLC, and WHEREAS, after review, the Board deems it advisable to rescind said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Document #2020-3184, dated December 21, 2020, Agreement for Professional Services for Magnesium Chloride Tanks (Kersey and Greeley - Bid #62000189), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Patriot Petroleum Solutions, LLC, be, and hereby is, rescinded. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: thritm)14.0;ok Weld County Clerk to the Board BY Q�p,2� CL eputy Clerk to the Board APPRO D ounty AS rney Date of signature: O3/08t& Steve ; •reno, Chair es, Pro -T Perry L. Bu ke Freema i� LoriGaine` cc: QGCTT15G),PoRCAM, A T C (3c- I GO) 3/°1/21 2021-0581 BG0023 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Mag Chloride Tanks — Retract Bid Award DEPARTMENT: Facilities DATE: 2-18-2021 PERSON REQUESTING: Toby Taylor Brief description of the problem/issue: The bid for replacing the Mag Chloride tanks at Greeley and Kersey was awarded to Patriot Petroleum Solutions for $483,820. Patriot had a hard time getting bonded but did. Then submitted for a change order of $111,142. Besides changing their bid pricing, this would bring their bid total to $594,962. This price change would be just for tanks and to place the order. The second low bidder is TLM Constructors at $777,820. They state that they can hold their bid price. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept the change order to a submitted bid. 2. Reject change order and move to second bidder 3. Reject the change order and rebid the entire project. Recommendation: Recommendation is two parts: 1. Reject the change order and rescind the bid award to Patriot Petroleum Solutions. 2. Then rebid the entire project. This approach has the potential to save $180K without incurring criticism for accepting a change order from low bidder that revealed they could not meet specifications. In discussion with Don, he also agrees with this recommendation to rebid the project. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine 2021-0581 03/0 l B600.9-3 COPca A,&„4et ie'to&o AGREEMENT FOR PROFESSIONAL SERVICES ...W__: WLOOO T .w AT a0.. MAO CHLORIDE THINKS- KERSEY & ELE THIS AGREEMENT is made and entered into this a ay of f›..41'Y► hEr , 202a, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Patriot Petroleum Solutions LLC whose address is 102 SE 12'" Street, Suite 103 Loveland, CO 80537. hereinafter referred to as "Contractor". S, County requires an independent contractor to perform the services required by unty and set forth in Exhibits A and B; and HEREAS, Con required icesor bel WHE time, skill, expe as set forth below; NOW, THEREFO herein, the parties hereto ag 1. Introduction. is willing to perform and has the specific ability to perform the cost set forth in Exhibit B: or is authorized to do business in the State of Colorado and has the erience necessary to provide the equipment, materials and services in consideration of the mutual promises and covenants contained as follows: • The terns of this Agreement are tned in the to s recited in this document and in Exhibits A and B, each of which forns n integral pan of s Agreement. Exhibits A and Bare specifically incorporated herein by this reference. Cou for acknowledge and agree that this Agreement, including specifically Exhibi nd B, define performance obligations of Contractor and Contractor's willingness and abi ity to meet those uirements. Exhibit A consists of County's Request for Bid (RF s set forth in "Bid Package No. 82000189". The RFB contains all of the specific requirem of County. Exhibit B consists of Contractor's Response to County's equest for Big► ' Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, e necessary for the Project and agrees to diligently provide all sery es, la materials necessary to perform and complete the Project described in Exhi is attached hereto and incorporated herein by reference. Contractor shall fun roducts el and A and B which e responsible for the timely completion, and acknowledges that a failure to comply with the stand& requirements of Exhibits A and B within the time limits prescribed by County ma 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 Agree t by County, and shall continue through and until Contractor's completion of the responsibilities CC.8 iLI,24/2.9 a0020 -�y� described in Exhibits A and 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $483,820.32, 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. $. 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. 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; $2,000,000 products 8c completed operations aggregate; $1,000,000 personal advertising injury A builder's risk insurance policy in the amount of the bid will be required. 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. 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, Weld County Director of Buildings and Grounds. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Patriot Petroleum Solutions LLC. Attn: Josh Skov-President Address: 103 SE 12th Street Suite 103 Address: Loveland, CO 80537 E-mail: josh'?a oatriotpetroleumsolutions.com Telephone: (970) 689-0758 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttavlor@weldgov.com Facsimile: 970.304.65 32 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 tern 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 1544% day of °Ze mke , 2020. CONTRACTOR: Patriot Petroleum Solutions, LLC. By: ame:Ste" Title: filtid Ak Date 12 nSf4. WELD cou ATTEST' v• '� BOARD OF COUNTY COMMISSIONERS Weld ' o , my CI - to he B • = rd WELD COUNTY, COLORADO B Mike Freeman, Chair DEC 2 12020 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: OCTOBER 1, 2020 BID NUMBER: B2000189 DESCRIPTION: MAG CHLORIDE TANKS - KERSEY & GREELEY DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE: OCTOBER 9, 2020 BID OPENING DATE: OCTOBER 23, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director {collectively referred to herein as, "Weld County"}, wishes to purchase the following: MAG CHLORIDE TANKS — KERSEY & GREELEY A mandatory pre -bid conference will be held on October 9th/ 2020 at 10:00 A1111 at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Vve vviD1 be adhering to currenft state soda 8 distancing auk-1Oms. Bids will be received until: *T•g October 23rd 2020 at 10:00 AM (Weld County Purchasing Time Clock). EASENOTE: Due to the recent events surround[Ing the Cori navirus (CM/ D-19) aide oc9 some county er�F�Moyees are f�e8eworking; therefore, the bid openFy� a H be held via a S e nferen e Cat±. Div ��c� e c Eta r � .. -n �J*+.�.� nV: .r.� �!/nn.Ye'tei. J}e!'n<?sl!Y.'J. ��.. ..ecM_Ty-n aCw See :gage 11 for conference caN informatio 0 •. r-. Fro ra PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at httos://www.bidnetdirect.comi Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Pejivery to Weld County: 1, Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bidsOweldgov.com; however, if your bid exceeds 25MB please upload your bid to Its://www.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". PDF format is required. An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400- 4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS; INTRODUCTORY INF0ATD®N: Bids shall be pewritten or written in ink on forms prepared by the Weld County Purchasing Dep;:rtment. 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 musk be signed with the legal name of the corp•ration, 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 corpration shall be furnished. A pwer of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initi;led 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 retail, 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 resp•}risibility 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 arm approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) f 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 •:fficer 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. . 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 #B2000189 Page 2 this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5®101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to G.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 purpse 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 aid ether 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 thy=: submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Grvernmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B2000189 Page 3 D. Independent Contract r: The successful bidder shall perform its dutHs hereunder as an independent contractor and nt as an employee. He or she shall be solely responsible for its acts and those of its agents nd employees for all acts perforated pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of weld County. The successful bidder and its employees and a sents are not antitled to unemployment insurance or workers' compensation benefits thr• ugh Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful biddrsr or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when duce ail applicable employment taxes and income tax, s and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compens.?tion and unemployment compensation insur`Rince matters: (a) provide and keep in firce workers' compensation and unemployment compensation insurance in the amounts required by lave, and (b) provide proof thereof when requested to do so by weld county. E. Compliance with a: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter -stablished, including without limitation, laws applicable to discrimination and unfair employm nt practices. E. Choice of R. ,aw: Colorado law, and rules and regulations estblished pursuant thereto, shall be applied in tie interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. C. No ThirdmParty Beneficiary Enf rcement: It is expressly understood and agreed that the ::enforcement :f the terms and conditions of the contract, -and all rights of action relating to such enforcement, shall be strictly resenead to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsotver by any other person not included in the contract. It is the `:xpress intention of the undersigned paartifts that any entity other than the. undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees!/Legal Costs: In the event of a dispute between weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to .•,r responsible fir the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Na vantaged BusinessEnterprises: Weld County assures that dis;dvantaged business enterprises will be afforded full opportunity to submit bids in response tall invitations *end will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procuve ent 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 c• mpletion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the tim limits prescribed by County may result in County's decision to withhold payment or to terminate this Agre=smen� l�. Term: The term of this Agreement begins upon the date of the execution of this Agre-}event by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extenssn or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis / I I BID REQUEST #82000189 Page 4 for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject (Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 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 #B2000189 Page 5 S. Employee Financial Interest/Conflict of Interest- C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement ==agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any infrrest 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 jurisdicti•n, this, Agreement shall be construed and enforced without such provision, to th,_ extt= rat that this Agreement is then capable of execution within the original intent of the parties. Ll U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, anc County's acceptance of thy-, same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld 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 Indemnification. 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 term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado, and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/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 •;r 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 #B2000189 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 appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The 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 Weld 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, its 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 under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the 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 of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance:; The Contract Professional shall obtain, and maintain at all times during the terns 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 occurrences $11000,000 general aggregate; $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 #820001$9 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 •:f 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 professi•nal services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warr)Ints that any retroactive date under the policy shall precede the effective date ,•,f 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 terra of the Agreement as th 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 aIG 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. Waiver of Subrogation: For all coverages, Contract 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 •f which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2000189 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: MAG CHLORIDE TANKS — KERSEY & GREELEY This project consists of construction, and installation of mag chloride tanks and infrastructure at the Kersey grader shed located at 23636 Co Rd 54, Greeley CO 806319 and at the Greeley fuel site located at 1113 H Street, Greeley, CO 80631 Overview: Weld County has current snag chloride tanks at the Greeley fuel site and the .Kersey grader shed. The Greeley tanks are undersized and aging. The Kersey tanks are portable, undersized and the infrastructure to support them is not in place. Our goal is to replace the tanks at both sites and upgrade the infrastructure to modern consistent standards. Scope of work: 1'� W 119GiEnl6HX/A.@MTYIM.Y�Y� This project will consist of general contractor performing construction of concrete containment structures, electrical service and .mechanical equipment as well as prodding and installing the tanks. In addition to plans and specifications attached that detail the scope, work shall include: Phase 1: Kersey site. 1. Provide all site grading per plans. Site will need to be graded back to original condition at completion of project. 2. Construct concrete drive pans and containment structures as shown on plans. 3. Provide and install new piping and pumps as shown. 4. Construct new electrical service from power pole at County Road through site to new switch gear location, 5, Provide and install new lighting and electrical gear as shown on plans. 6, Provide and install new storage tanks as shown. 7. Remove and dispose of all existing stationary tanks. The mobile tanks will be removed by the owner. 8. Contractor must develop a story water management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / lines for non-compliance with the regulatory requirements. 9. Remove and properly dispose of all trash generated by construction activities off site. 10. The project will be permitted through the weld County Building Department. Fees for permits will be waived, 11. No bid bond is required for this project 12. A builder's risk insurance policy in the amount of the bid will be required. 13. Davis®aeon and Buy American requirements are NOT .required. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 15. Based on a contract being ready on November 20th, provide the completion date for this project. •••••••444,14140/.44.4. BID REQUEST #E2000189 Page 9 Phase 2: Greeley site. 1. The Kersey site must be fully operational prior to starting the Phase 2 Greeley site 2. Remove existing containment structure and replace with new concrete containment structure. 3. Patch asphalt around new containment structure that was removed. 4. Provide and install new piping and pumps as shown. 5. Connect existing wiring to new switchgear and to new pump. 6. Provide and install new storage tanks as shown. 7. Remove and dispose of all existing tanks. 8. Contractor must develop a stormwater management program (SW ) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. The Greeley site is in an MS4 area and work on this project roust comply with weld County's MS4 permit 9. Remove and properly dispose of all trash generated by construction activities off site. 10. The project will be permitted through the weld County Building Department. Fees for permits will be waived. 11. No bid bond is required for this project. 12. A builder's risk insurance policy in the amount of the bid will be required. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 15. Based on a contract being ready on November 20th, provide the completion date for this project. Schedule: - --- The dates below are the anticipated start and completion dates taking in to account lead times for tanks and equipment as well as construction tunes. The Kersey site will need to be completed before the Greeley site can begin. Please indicate the dates that your team feels are achievable if different from these in the space provided below. There will be a one -week window between the completion of the Kersey site and the beginning of the Greeley site to facilitate the transfer of mag chloride from Greeley to Kersey. Ka, rsey Site Start .date ersey Site Co pletio Bate Greeley Start Date Greeley Site Completion Date wners Anticipated Date January 2, 2021 February 26, 2021 Larch 8, 2021 April 16, 2421 Contractors .Act a BID REQUEST 11B2000189 Page 1 0 A will be held on October 9th 2020 at 10400 AM at 1105 H man.datory ire bid conference Street, Greeley, CO. We will he adhering to current state sod& d ista # A cing gm ell es. Bids will be received up to, but not later than COUNTY PURCHASING TIME CLOCK). tuber 230, 2120 at.10:00 0 m 00 All (WELD THE BID PENING WILL BE HELD VIA A SKYPE C NFERENCE LE To joie call: 1 (720) 439-5261 1 and enter Conference ID: 949781251 Due to the Coronaviru (C 1; a,-19) pandemic, the fo,owing change have been made to ouir current bitd process until e notice: 1) No hard copies of bids will be accepted. 2) Only One electrode copy of your bid is needed. PDF format is required® 3) Entail bids to b ds e Rae �o If your bid exceeds 25MB please upload your bid to htt vi/www bidneidirect eorni. The maximum file size to upload to BidNet is 500 . BID REQUEST #820001 89 Kersey site Greeley site $ TOTAL Both Sites $ Page 11 he undersigned, by his or her signature; hereby acknowledges and represents that: I . The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2000189. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local tax s. 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 BUSINESS ADDRESS BY (Please print) DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A -9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03881-0000. YOU DO N s ' T NEED TO BEND BACK PAGES I ® 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clem to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST *B2000189 Page 12 Mag Chlord'e Tanks Kersey and Greeley 82000189 Questions & Answers 1} Question: on the equipment schedule for the tanks, item 2 calls out for buttwelding. Does the county want standard buttwelding as a standalone option? Or does the County want buttweld then internally blast and internally line the tanks? Answer: Standard h uttwelding is acceptable. 2} Question: They are also calling out a ladder and platform. Can they include something on the design documents, both a top view and elevation view to show this? Answer: Provide a manufacturers standard ladder and platform for accessing the to the tank. 3 of 3) Question: Has the Owner performed an environmental hazard assessment for each site? If not, can we assume that the owner will accept responsibility for any required hazardous material handling and removal? Ansvvi r. The County will remove any lazardyffius maters s found on site. 4) Question: will any painting or special coatings be required on this project? Answer: Tanks shall come from the factory pre painted. N other special coatings are required. 5) Question: Contract Drawing CI., Note 2 suggests that we refer to the Soils report by Northern Geotech Project No. 095-09 for soil compaction requirements. Please provide the soil compaction requirements for the areas beneath the proposed concrete pads, Answer: Soils report has been posted to Rocky Mountain e-purchasing/BidNet, 6) Question: Please provide the requirement bituminous pavement section for the paving repairs required along the perimeter of the proposed Greeley Mag Chloride Tank Foundation. AnswPr. See sous report 7) Question: Will the Owner provide the initial fill of Mag Chloride for the proposed tanks? Answer: Yes 1 8) Question: In the Drawings we have the Kersey site fill line has a Y strainer on drawing M1.0 but at the Greeley site we don't have one on the drawing M1.0 Greeley, should there be one strainer on both drawings on the tank fill side? Answer: Provide Y strainers at both sites. 2 Exhibit B • A fandatory pre-bld conference will be held on October 9th 2020 at LAQ� at 1105 H Skeet, Greeley, CO. We will be adhering to current state social distancing guidelines. Bids will be received up to, but not later than ^ tsba 2 t 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) X139-5261 and enter Conference ID: 940781251 Due to the Coronavirus (COVID-19) pandemic, the following changes have been made to our current bid process until future notice: I) 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 bidc(a^weldeov.eom. If your bid exceeds 25MB please upload your bid to https://www.bidnetdireet.com/. The maximum file size to upload to BidNet is 500 MB. Kersey site Greeley site TOTAL Both Sites alga la. r� /93s -a& iz a 43,8 -ad . 3a BID REQUEST IB2000189 Page 11 Scanned with CamScanner 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 forlhairr the request for proposal for Request No. #82000188• 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, allot 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 Wekl 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. 01144 BY S.9 Itt/A, 1Kighteb FIRM 1 KIlease print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE 03 SF I A T I 1 ,S i, . ! C.. (Q3 DATE t o � ��' xD L.oe1�c� � 150 cc? - Q°) °1 to FAX TAX 10 # 116 c20 W EMAIL J "' 1� eldricrleirdlt�lN) �..+a�hT'' "ALL BIDDY- 'r HALL 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: Weld County Clerk to the Board BY: Deputy Clerk to the Board BID REDDEST ti82000189 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director Page 12 Scanned with CamScanner Patriot Petroleum Solutions 2761 Hydra Drive Loveland, CO 80537 Josh@patriotpetroleumsolutions.com Estimate ADDRESS Weld County 1150 O St Greeley, CO 80631 ESTIMATE # 1331 DATE 10/23/2020 EXPIRATION DATE 11/23/2020 PO Greeley & Kersey Tanks DATE ACTIVITY Hess Mag Chloride Tanks 12' x 35' Horizontal Mag Chloride Storage Tank with internal coating- Enviroline 2405 Freight Tank Transportation Electricans Labor Remove existing conduit and wire from the dike wall, Relocate existing electrical to new dike wall, extend existing electrical via surface mounted conduit and connect Mag Chloride Pumps. Install new light poles and one outlet at Kersey Concrete Minimum ultimate compressive strength at 28 days = 4500 psi. b. Concrete shall be Type "D" for containment walls and type "P" for tank containment floor and truck unload slab. c. Type I/II cement shall be used. Maximum water/cement ratio = 0.45 for slabs. d. Maximum aggregate size = 3/4". Maximum slump = 4". e. Calcium chloride or any other additive shall not be used without prior approval. f. Concrete shall have 6% air entrainment plus or minus 1.5%. Broom finish Viking Pump Viking Gear Pump, 2hp QTY RATE AMOUNT 4 49,072.18 196,288.72 4 3,266.00 13,064.00 1 52,067.60 52,067.60 2 72,000.00 144,000.00 2 4,200.00 8,400.00 DATE ACTIVITY Misc pipe fittings Stainless Steel piping and fittings, 3" diameter. Crane Fee For both locations Kersey Labor Scope of Work: 1. Provide all site grading per plans. Site will need to be graded back to original condition at completion of project. 2. Construct concrete drive pans and containment structures as shown on plans. 3. Provide and install new piping and pumps as shown. 4. Construct new electrical service from power pole at County Road through site to new switch gear location. 5. Provide and install new lighting and electrical gear as shown on plans. 6. Provide and install new storage tanks as shown. 7. Remove and dispose of all existing stationary tanks. The mobile tanks will be removed by the owner. 8. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non- compliance with the regulatory requirements. 9. Remove and properly dispose of all trash generated by construction activities off site. Greeley Labor Scope of Work: 1. The Kersey site must be fully operational prior to starting the Phase 2 Greeley site 2. Remove existing containment structure and replace with new concrete containment structure. 3. Patch asphalt around new containment structure that was removed. 4. Provide and install new piping and QTY RATE AMOUNT 1 7,000.00 7,000.00 2 2,500.00 5,000.00 1 22,000.00 22,000.00 1 25,000.00 25,000.00 DATE ACTIVITY pumps as shown. 5. Connect existing wiring to new switchgear and to new pump. 6. Provide and install new storage tanks as shown. 7. Remove and dispose of all existing tanks. 8. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non- compliance with the regulatory requirements. The Greeley site is in an MS4 area and work on this project must comply with Weld County's MS4 permit 9. Remove and properly dispose of all trash generated by construction activities off site. General Conditions To include all permit fees, SWMP, Insurance and performance bonds for both locations. TOTAL QTY RATE AMOUNT 1 11,000.00 11,000.00 Accepted By Accepted Date $483,820.32 Form (Rev. October 2018) Internalaevenue Servicnt of the e Treasury Request for Taxpayer Identification Number and Certification ► Go to www.lrs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send t0 the IRS. to o. o .2 p` 11 t a3 'ac y5 in UM Enter 1 Name (as shown on your income tax return). Name is required on this Ilne; do not leave this line blank Patriot Petroleum Solutions LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applies toaccounts (codes apply only to not Individuals; see on page 3): code (if any) Individual/sole proprietor or . C Corporation Ill S Corporation ■ Partnership III Trust/estate single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) appropriate box in the line above for the tax classification of the single -member owner. is classified as a single -member LLC that is disregarded from the owner unless the owner is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner. ► S O Limited liability from FATCA reporting Note: Check the LLC if the LLC another LLC that is disregarded Other instructions),► Do not check of the LLC is -member LLC that maintained outside the US.) (tximber, street, and apt. or suite rio:) See 103 SE 12th, Unit 181 Requester's name and address (Opflaxiel) s City, state aeut'a cola Lovelarui, CO 80537 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 1 social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a T7N, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 8 2 1 1 6 2 0 7 1 Part II 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 all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum. 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 for Part II, later. Sign Here Signature of U.S. person ► Date ► 9//0 )Zia General Instru tians Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information retum. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-9 (Rev. 10-2018) Page 2 By signing the filled -out form, you: 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 withholding 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. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. 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 rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1/146 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 establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In tho oases below, tho following pareon muet give Form W-9 to tho partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-8 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonempbyee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax retum (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to fumish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. l ® ACCPR o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/15/2020 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA Select LLC 2721 Council Tree Ave Suite 218 Fort Collins CO 80525 License#: PC -1115916 CONTACT NAME: PHONE FAX (NC. No. EX0: 970-204-0044 I iac, No): 970-282-8848 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: National Fire & Marine Insurance Company 20079 INSURED PATRPET-01 Patriot Petroleum Solutions, LLC 103 12th St SE Suite 181 Loveland CO 80537 INSURER B : AmGUARD Insurance Company 42390 INSURER C: *Pinnacol Assurance 41190 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 421433007 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 SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY RCOT- LOC X OTHER: V Y 42ESP00101801 11/23/2020 11/23/2021 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $100,000 $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y PAAU177268 11/11/2020 11/11/2021 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DED RETENTION $ 42-EXS-001019-01 11/23/2020 11/23/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIV E OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N Y N/A 4201352 5/1/2020 5/1/2021 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Professional Liability Contractors Pollution Liability 42ESP00101801 11/23/2020 11/23/2021 EACH OCCURRENCE AGGREGATE 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) We d County is included as Additional Insured on the General Liability policy, if required by written contract or agreement subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Additional Insured on the General and Automobile Liability Policies if required by written contract or agreement subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County 1105 H Street PO Box 758 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello