HomeMy WebLinkAbout20211037.tiffWELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT
BETWEEN WELD COUNTY & COBITCO INC
COHEREX EMULSION DUST CONTROL
THIS AGREEMENT is made and entered into this,/U" day of MAY, 2021, by and between
the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County," and COBITCO, INC, a corporation, who whose address is
5301 N. Bannock St, Denver, CO 80216, hereinafter referred to as "Contractor".
WHEREAS, County desires to purchase from Contractor Coherex Emulsion Dust Control
as described in Exhibit A, and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in
Exhibit which forms an integral part of this Agreement. Exhibit Are specifically
incorporated herein by this reference. County and Contractor acknowledge and agree that this
Agreement, including specifically Exhibit Aefine the performance obligations of Contractor and
Contractor's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No.
B2100078. The RFP contains all of the specific requirements of County.
ExhibitA consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Project and agrees to diligently provide all services, labor,
personnel and materials necessary to perform and complete the Project described in
Exhibit A which is attached hereto and incorporated herein by reference. Contractor
shall coordinate with, the Weld County Director of Public Works or other designated
supervisory personnel, (the "Manager"), to perform the services described on attached
Exhibit A. Contractor shall faithfully perform the work in accordance with the
standards of professional care, skill, training, diligence and judgment provided by
highly competent Contractors performing services of a similar nature to those
described in this Agreement. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and
requirements of Exhibit A within the time limits prescribed by County may result in
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County's decision to withhold payment or to terminate this Agreement. The material.
and/or equipment shall be delivered to the location(s) specified herein.
3. Term. The term of this Agreement begins upon the date of the execution of this
Agreement by County, and shall continue through and until Contractor's completion of the
responsibilities described in Exhibit A Both of the parties to this Agreement understand and
agree that the laws of the State of Colorado prohibit County from entering into Agreements
which bind County for periods longer than one year. Therefore, within the thirty (30) days
preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to
renew this Contract. In its sole discretion, the County, by the Director of the Department of
Public Works or his or her designee, may extend the time for the Contractor to complete the
service or work, by not more than thirty (30) days. Such extension shall not increase the
compensation to be paid to the Contractor nor change any other term herein.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement. However, nothing herein shall be
construed as giving Contractor the right to provide materials (or services) under this Agreement
beyond the time when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
materials which Contractor provided prior to the date of the termination notice, but which had not
yet been approved for payment; and (3) the cost of any work which the County approves in writing
which it determines is needed to accomplish an orderly termination of the work. County shall be
entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and
facilities owned by County which Contractor is using, by whatever method it deems expedient;
and, Contractor shall deliver to County all drawings, drafts or other documents it has completed
or partially completed under this Agreement, together with all other items, materials and
documents which have been paid for by County, and these items, materials and documents shall
be the property of County. Copies of work product incomplete at the time of termination shall be
marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described
herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder.
6. Definitions
"Standard:" When the word "standard" is used in the specification to describe an item of
equipment or its assembly, it shall be construed to mean that item or assembly so described shall
be the latest regular product of the manufacturer thereof, identified by a model or other
designation, without the modification or omission of any of its usual parts or the substitution of
others therefore, except as hereafter specified, details, capacities and ratings, conforming in
every respect to the said manufacturer's catalog or other printed matter describing the item or
assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be
those which are regularly furnished as part of the principle unit or assembly and included in the
selling price thereof.
"Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating
the equipment specified for a reasonable period of time prior to the date set for opening of bids
and who can demonstrate to the satisfaction of Weld County that said manufacturer has
successfully installed equipment of the type proposed to be furnished in at least three (3)
instances and the performance of such equipment has been satisfactory. Manufacturers having
been engaged in the business of manufacturing said equipment for a period of one (1) year prior
to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such
business a reasonable length of time.
"Or Equal:" The specific equipment mentioned shall be understood as indicating the type,
function, minimum standard of design, efficiency, and quality desired and shall not be construed
in such a manner as to exclude manufacturer's equipment of comparable quality, design, and
efficiency.
7. General Specifications, conditions, and information.
Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's
latest model of production. Said equipment shall be of superior quality and suitable to the use
for which it is intended. The technical design shall be in line with the best practice in the
industry and the materials and workmanship entering into the construction shall be of the kinds
and qualities which will ensure long life, dependability, and low cost of maintaining and
repairing.
8. Compensation/Contract Amount. Upon Contractor's successful completion of the
delivery or installation of the material or equipment and County's acceptance of the same, County
agrees to pay an amount no greater than $97,350.00 which is the bid set forth in Exhibit A.
Contractor acknowledges no payment in excess of that amount will be made by County unless a
"change order" authorizing such additional payment has been specifically approved by the
Director of Weld County Public Works, or by formal resolution of the Weld County Board of
County Commissioners, as required pursuant to the Weld County Code. Any other provision of
this Agreement notwithstanding, in no event shall County be liable for payment for services
rendered and expenses incurred by Contractor under the terms of this Agreement for any amount
in excess of the sum of the bid amount set forth in Exhibit . Contactor acknowledges that
any work it performs or materials or equipment it supplies beyond that specifically authorized by
County is performed at Contractor's risk and without authorization under this Agreement. County
shall not be liable for the payment of taxes, late charges or penalties of any nature other than the
compensation stated herein.
If, at any time during the term or after termination or expiration of this Agreement, County
reasonably determines that any payment made by County to Contractor was improper because the
material, service or equipment for which payment was made did not perform as set forth in this
Agreement, then upon written notice of such determination and request for reimbursement from
County, Contractor shall forthwith return such payment(s) to County. Upon termination or
expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be
returned to County.
County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
9. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will
be available to Contractor and its employees and agents only if such coverage is made available
by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor
shall not have authorization, express or implied, to bind County to any agreement, liability or
understanding, except as expressly set forth in this Agreement. Contractor shall have the following
responsibilities with regard to workers' compensation and unemployment compensation insurance
matters: (a) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when
requested to do so by County.
10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter
into any subcontractor agreements for the completion of this Project without County's prior
written consent, which may be withheld in County's sole discretion. County shall have the right
in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Project. Contractor shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of
this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in
such process. The Contractor shall be responsible for the acts and omissions of its agents,
employees and subcontractors.
11. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, data, plans, drawings, records and computer files generated by Contractor in relation
to this Agreement and all reports, test results and all other tangible materials obtained and/or
produced in connection with the performance of this Agreement, whether or not such materials are
in completed form, shall at all times be considered the property of the County. Contractor shall not
make use of such material for purposes other than in connection with this Agreement without prior
written approval of County.
12. Confidentiality. Confidential financial information of Contractor should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign,
distribute, or disclose any such confidential information to any other person or entity without
seeking written permission from the County. Contractor agrees to advise its employees, agents,
and consultants, of the confidential and proprietary nature of this confidential information and of
the restrictions imposed by this agreement.
13. Warranty. The Contractor warrants that materials, equipment, and services covered under
this Agreement will meet the standards governing such materials, equipment, and services and the
provisions of this Agreement. The Contractor further represents and warrants that all materials,
equipment, and services shall be performed and delivered by qualified personnel in a professional
and workmanlike manner, consistent with industry standards, and that all materials, equipment,
and services will conform to applicable specifications. In addition to the foregoing warranties,
The Contractor is aware that all work performed on this Project pursuant to this Agreement is
subject to a one year warranty period during which the Contractor must correct any failures or
deficiencies. This warranty shall commence on the date of County's final inspection and
acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied
pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable,
of good quality, and free from defects, whether patent or latent, in material or workmanship; and
the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County
specifications as established herein
The Contractor shall warrant that he has title to the goods supplied and that the goods are free
and clear of all liens, encumbrances, and security interests. All warranties made by the
Contractor, together with service warranties' and guarantees shall run to Weld County and its
successors and assigns. Bidder shall submit with their bids the following information pertaining
to the equipment upon which the bids are submitted: detailed equipment specifications to include
the warranty and descriptive literature.
Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel
time, and service trucks used in the servicing (including repairs) of any of the goods to be
purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are
necessary for the first one (1) year period after said goods are first supplied to Weld County.
14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit
to County originals of all test results, reports, etc., generated during completion of this work.
Acceptance by County of reports, incidental material(s), and structures furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the of the project. In no event shall any action by County hereunder constitute or be construed
to be a waiver by County of any breach of this Agreement or default which may then exist on the
part of Contractor, and County's action or inaction when any such breach or default shall exist
shall not impair or prejudice any right or remedy available to County with respect to such breach
or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions
or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the County of, or payment for, the materials, equipment, or service completed under
this Agreement shall not be construed as a waiver of any of the County's rights under this
Agreement or under the law generally.
15. Public Contracts for Services. C.R.S. §8-17.5-101.
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Contractor will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform
work under this Agreement, through participation in the E -Verify program of the State of Colorado
program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Agreement or enter into a contract with
a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Contractor shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contractor obtains actual
knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Contractor shall notify the subcontractor and County
within three (3) days that Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving
notice. Contractor shall not terminate the contract if within three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an
illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Contractor participates in the State of Colorado program, Contractor
shall, within twenty days after hiring a new employee to perform work under the contract, affirm
that Contractor has examined the legal work status of such employee, retained file copies of the
documents, and not altered or falsified the identification documents for such
employees. Contractor shall deliver to County, a written notarized affirmation that it has examined
the legal work status of such employee, and shall comply with all of the other requirements of the
State of Colorado program. If Contractor fails to comply with any requirement of this provision or
of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so
terminated, Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or
affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
16. Insurance and Indemnification.
General Requirements: Contractors must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations,
goods or services provided pursuant to this request. Contractors shall keep the required
insurance coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. The required insurance shall be underwritten by
an insurer licensed to do business in Colorado and rated by A.M. Best Company as
"A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the
County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the
Weld County Director of General Services by certified mail, return receipt requested. Such
written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to
non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in
excess of a deductible or self -insured retention, County must be notified by the Contractor.
Contractor shall be responsible for the payment of any deductible or self -insured retention.
County reserves the right to require Contractor to provide a bond, at no cost to County, in
the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Contractor. The County in no
way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this
Contract by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain
higher limits and/or broader coverages. The Contractor is not relieved of any liability or
other obligations assumed or pursuant to the Contract by reason of its failure to obtain or
maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain,
at its own expense, any additional kinds or amounts of insurance that it may deem necessary
to cover its obligations and liabilities under this Agreement. Any modification to these
requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity
of all materials and services provided, the timely delivery of said services, and the
coordination of all services rendered by the Contractor and shall, without additional
compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits,
actions, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement, or on account of or in consequence
of neglect of the Contractor in its methods or procedures; or in its provisions of the materials
required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. It is agreed that the Contractor will be responsible for
primary loss investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising
from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor shall obtain, and maintain at all times during the term
of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Contractor's Contract Professional's employees
acting within the course and scope of their employment. Policy shall contain a waiver
of subrogation against the County. This requirement shall not apply when a Contractor
or subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability
assumed under an insured contract, and defense costs, with the minimum limits must be as
follows:
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 products and completed operations aggregate;
Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury
per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this Contract.
Contractors shall secure and deliver to the County at or before the time of execution of
this Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability
insurance policy, including public liability and property damage, in form and company
acceptable to and approved by said Administrator, covering all operations hereunder set
forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor to provide a
certificate of insurance, a policy, or other proof of insurance as required by the
County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor's insurer shall name County as
an additional insured.
Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors,
suppliers or other entities providing goods or services required by this Agreement shall
be subject to all of the requirements herein and shall procure and maintain the same
coverage's required of Contractor. Contractor shall include all such subcontractors,
independent contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contractor
agrees to provide proof of insurance for all such subcontractors, independent
contractors, sub -vendors suppliers or other entities upon request by the County.
Contractors Pollution Liability
Weld County requires this coverage whenever work at issue under this Contract
involves potential pollution risk to the environment or losses caused by pollution
conditions (including asbestos) that may arise from the operations of the Contractor
described in the Contractor's scope of services. Policy shall cover the Contractor's
completed operations. Coverage shall apply to sudden and gradual pollution
conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written on a claims -
made basis, the Contractor warrants that any retroactive date applicable to coverage
under the policy precedes the effective date of this Contract; and that continuous
coverage will be maintained or an extended discovery period will be exercised for a
period of three (3) years beginning from the time that work under this contract is
completed. The policy shall be endorsed to include the following as Additional
Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers
named as an additional insured with respect to liability and defense of suits arising out
of the activities performed by, or on behalf of the Contractor, including completed
operations".
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 1,000,000
17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein
or claim thereunder, without the prior written approval of County. Any attempts by Contractor to
assign or transfer its rights hereunder without such prior approval by County shall, at the option of
County, automatically terminate this Agreement and all rights of Contractor hereunder. Such
consent may be granted or denied at the sole and absolute discretion of County.
18. Examination of Records. To the extent required by law, the Contractor agrees that any
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. The Contractor agrees to
maintain these documents for three years from the date of the last payment received.
19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
20. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. The
County Representative for purposes of this Agreement is hereby identified as, Director of Weld
County Department of Public Works, or his designee. All notices or other communications
(including annual maintenance made by one party to the other concerning the terms and conditions
of this contract shall be deemed delivered under the following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: COBITCO, INC.
Attn.: Sales Representative
Address: 5301Bannock St. Denver, 80216-1623
Address:
E-mail: steve.marshall@cobitco.com
Phone:970-520-1278
With copy to:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
County:
Name: Duane R. Naibauer
Position: Weld County Road and Bride Construction Supervisor
Address: 1111 H St. Greeley, CO 80632-0758
Address: P.O. Box 758 Greeley, CO 80632-0758
E-mail: dnaibauer@weldgov.com
Phone: 970-400-3786
21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State
laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use
other Contractors or persons to perform services of the same or similar nature.
23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
24. Fund Availability. Financial obligations of the County payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. County has no interest and shall not acquire any interest direct
or indirect, that would in any manner or degree interfere with the performance of Contractor's
services and Contractor shall not employ any person having such known interests. During the term
of this Agreement, Contractor shall not engage in any in any business or personal activities or
practices or maintain any relationships which actually conflicts with or in any way appear to
conflict with the full performance of its obligations under this Agreement. Failure by Contractor
to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule, practice
or action nominates, recommends, supervises Contractor's operations, or authorizes funding to
Contractor.
26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
27. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
28. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
29. Board of County Commissioners of Weld County Approval. This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if
required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon
Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy
of the information is contained in Exhibit A, County's Request for Proposal, and is a part this
Agreement.)
32. Attorneys FeesIL&sL Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits f and , 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 TNESS WHEREOF, the parties hereto have signed this Agreement this
day o -.._ .2021.
CONTRACTOR:
By: Date4tji:3
Name:
Title: e
WELD COUNTY:
ATTEST:
Wek
BY:
BOARD OF COUNTY COMMISSIONERS
) COUNTY, COLORADO
Moreno, Chair
MAY 1 0 2021
cod./ -.,'O7
• -II: r r kl
PECIFICA►TIONS
•
Emulsion Dust Control Agent
(With Renewal Q�tlpns for 2022/2023
April 2021
for
Weld County Public Works
Road and Bridge Construction
1111 H Street
P.O. Box 758
Greeley, Colorado 80632
970-304-6496
82100078
******************
REQUEST FOR BID
WELD COUNTY, COLORADO
1150O STREET
DATE: MARCH 23, 2021
BID NUMBER: B2100078
DESCRIPTION: EMULSION DUST CONTROL AGENT
DEPARTMENT: PUBLIC WORKS
BID OPENING: APRIL 13, 2021
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:
EMULSION DUST CONTROL AGENT
(With possible two, one-year renewals)
Bids will be received for the above stated equipment up to, but not later than: APRIL 13, 2021 at 10:00 AM
(MDT) (Weld County Purchasing Time Clock). Due to COVID-19, instead of an "in -person" bid opening,
the submitted bids will be read over a Microsoft Teams Conference Call on April 13, 2021 at 10:30 AM
(MDT). To join, call the phone number and enter the Conference ID provided below:
Phone number: 720-439-5261 Phone Conference ID: 436584886
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 the Weld County to pay if awarded the
bid.
You can find information concerning this request on the BidNet Direct website al
https://www.bidnetdirectcom/
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 Delivery to Weld County:
1. Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to
bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to
https://www,bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. PDF format is required.
Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid".
B2100078 2
An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-
4222 or 4223 with any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids
by partnerships must furnish the full names of all partners and must be signed with the partnership name by
one of the members of the partnership or by an authorized representative, followed by the signature and title
of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed
by the name of the state of the incorporation and by the signature and title of the president, secretary, or other
person authorized to bind it in the matter. The name of each person signing shall also be typed or printed
below the signature. A bid 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/Purchasing Director, satisfactory evidence of
the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must
accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures
shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions,
requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and
prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders
are required to use the Proposal Forms which are included in this package and on the basis indicated in the
Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that
the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1,
entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure
place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for
the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written
request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request
being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a
bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders
are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so
will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference
to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any
and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)
may be awarded to more than one vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for
Proposal contained herein (including, but not limited to the product specifications and scope of services), the
formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair
of the Board of County Commissioners.
4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of
all employees who are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c)_ Successful bidder shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful
bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures
to undertake pre -employment screening or job applicants while this Agreement is being performed. If
Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract
for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the
subcontractor and County within three (3) days that Successful bidder has actual knowledge that a
subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving
notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an illegal
alien. Successful bidder shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If
Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days
after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined
the legal work status of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Successful bidder shall deliver to County, a written notarized
affirmation that it has examined the legal work status of such employee, and shall comply with all of the other
requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of
this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so
terminated, Successful bidder shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful
bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual
natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S_
§ 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful
bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen
of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By
acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond
the current fiscal year.
B. Trade Secrets and other Confidential Information: Weld County discourages bidders from
submitting confidential information, including trade secrets, that cannot be disclosed to the public. If
necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal,
clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful
bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201,
et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the
confidentiality of all documents. The bidder is responsible for ensuring that all information contained within
the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV)
(Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical
data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review
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.
B2100078 4
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts and those
of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor
any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful
bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation
benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the
successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to
the successful bidder and its employees and agents only if such coverage is made available by the successful
bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income
taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not
have authorization, express or implied, to bind Weld County to any agreement, liability or understanding,
except as expressly set forth in the contract. The successful bidder shall have the following responsibilities
with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and
keep in force workers' compensation and unemployment compensation insurance in the amounts required by
law, and (b) provide proof thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable
to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim
or right of action whatsoever by any other person not included in the contract. It is the express intention of
the undersigned parties that any entity other than the undersigned parties receiving services or benefits under
the contract shall be an incidental beneficiary only.
H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for
the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for
an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment
and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the project. The successful bidder shall further be responsible
for the timely completion, and acknowledges that a failure to comply with the standards and requirements
outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold
payment or to terminate this Agreement.
B2100078
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until successful bidder's completion of the responsibilities described in the
Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a
material breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be the basis
for additional compensation unless and until the successful bidder has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall
be the basis of any increase in the compensation payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement
in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall
not enter into any subcontractor agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable
discretion to approve all personnel assigned to the subject Project during the performance of this Agreement
and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the
Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of
the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the
successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful
bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible
for the acts and omissions of its agents, employees and subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions of this
Agreement. The successful bidder further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that
all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is
aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty
period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship
or performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from
defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the
minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied
and that the goods are free and clear of all liens, encumbrances, and security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time,
and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld
County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year
period after said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids
are submitted:
1. Detailed equipment specifications to include the warranty.
2. Descriptive literature.
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the successful
bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of
County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such
consent may be granted or denied at the sole and absolute discretion of County.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any
manner or degree interfere with the performance of the successful bidder's services and the successful bidder
shall not employ any person having such known interests. During the term of this Agreement, the successful
bidder shall not engage in any business or personal activities or practices or maintain any relationships which
actually conflicts with or in any way appear to conflict with the full performance of its obligations under this
Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's
sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any
member of the successful bidder's family shall serve on a County Board, committee or hold any such position
which either by rule, practice or action nominates, recommends, supervises the successful bidder's
operations, or authorizes funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall
be null and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of the
accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by
County unless a "change order" authorizing such additional payment has been specifically approved by the
County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners,
as required pursuant to the Weld County Code.
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and
the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at
overtime and/or double time rates for work done outside of normal business hours unless specifically
authorized in writing by County.
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations, goods or services
provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all
times during the term of the Agreement, or any extension thereof, and during any warranty period. The
required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M.
Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should
any of the above -described policies by canceled or should any coverage be reduced before the expiration date
thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing
Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty
(30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall
be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be
notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or
self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost
to County, in the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements, and these requirements
do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum
limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the
performance of the work under this Contract by the Successful bidder, its agents, representatives, employees,
or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent,
maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in
sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any
additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under
this Agreement. Any modification to these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character
arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to
conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully
responsible and liable for any and all injuries or damage received or sustained by any person, persons, or
property on account of its performance under this Agreement or its failure to comply with the provisions of the
B2"T.00078
Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or
procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or
recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph
shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for
primary loss investigation, defense and judgment costs where this contract of indemnity applies. In
consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation
against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers for losses arising from the work performed by the successful
bidder for the County. A failure to comply with this provision shall result in County's right to immediately
terminate this Agreement.
Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts.
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's employees acting within the course and scope of their employment.
Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a
successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such
successful bidder or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an
insured contract, and defense costs, with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used
in the performance of this Contract.
Successful bidders shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the Request for BidProof of Insurance: County reserves the right to require
the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required
by the County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements
herein and shall procure and maintain the same coverages required of Successful bidder. Successful
bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities
as insureds under its policies or shall ensure that all subcontractors maintain the required coverages.
Successful bidder agrees to provide proof of insurance for all such subcontractors, independent
contractors, sub -vendors suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response
to the Bid each of which forms an integral part of this Agreement. Those documents are specifically
incorporated herein by this reference.
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
The following provisions take precedence over Specifications or Plans and supplement the most current edition of the
Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard
Specifications) which is to be used to control construction of this project.
Purpose
This material supply is for the 2021 FDR (Full Depth Reclamation) projects. Vendor will need to
supply Weld County with an estimated 115,000 gallons of Emulsion based dust control. Diluted Emulsion
Solution shall be four -parts water and one -part Coherex Dust Control.
General Conditions:
1. Weld County will not supply any material for this project/contract
2. Weld County Public Works personnel normally work 7:00am to 3:30 pm, Monday through Friday.
Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00am and
later than 3:30 pm and/or Saturday. The successful bidder is required to accommodate these
situations.
3. The 2021 Bid Schedule includes two items:
a. Emulsion dust control plant price only
b. Emulsion dust control plant price and delivery.
Dust Control Emulsion:
Test Method
Re uirements
Test
ASTM
AASHTO
Min.
Max.
Viscosity 25°C SFS
D-244
T-59
15
40
Sieve Test, % W
D-244
T-59
-
0.1
Residue, % WZ
D-244
T-59
60
65
Particle Char a Test
D-244
T-59
Positive
'Test procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution.
2ASMT D-244 evaporation Test of percent of residue is modified by heating 50 gram sample to 149°C (300°f) until foaming ceases,
then cooling immediately and calculation results.
Base Oil:
Test Method
Requirements
Test
ASTM
AASHTO
Min.
Max.
Viscosi 100°C, cSt
D-244
-
17.17
23.83
Flash Point, COC, °C
D-92
T-48
208
-
As haltenes, %W
D-2006-70
-
-
0.75
Saturated H drocarbons, %w
D-2006-70
-
-
20
S ecific Gravit
D1298
T-277
1.000
1.040
Weld County Contract:
Questions related to the project and procedures should be directed to:
Duane R. Naibauer Curtis Hall
Road and Bridge Construction Supervisor Deputy Director
Weld County Public Works Weld County Public Works
970.400.3786 970.400.3721
dnaibauertd?weldgrov.com chap .weldgov.com
Terms and Conditions:
The agreement/contract shall commence approximately in April 2021 and continue in full force for one year. At the
option of the County, may be extended for up to two (additional years. Increases in the cost may be negotiated for
subsequent renewal of the second and third additional one-year periods, based on the ENR material cost (Denver) for
Asphalt PG 58 oil. The increase will be based on the percent change from 2021 to 2022 for second one year renewal
option and from 2022 to 2023 for third year renewal option on a liquid ton of PG 58 emulsion.
Item #1: Bid price shall be plant price only.
Item #2: Total price shall include the price of material, delivery to site and transferring the product ₹o a Weld
County truck.
Plant Price only
Item #
Item
Quantity
Unit
Price Per
Total
Plant Location
Unit
Price
Emulsion
1
Dust Control
65 000
Gallons
Agent
Plant. •ijJijj
• • . 1 • • • a • r
f. . ! .1.
Item #
Item
Quantity
Unit
Price Per
Total
Plant Location
Unit
Price
Emulsion
2
Dust Control
Up to
Gallons
Agent and
50,000
Delive
.. _
1. The bid proposed herein meets all of the conditions, specifications, and special provisions set forth
in the request for bid for Request No. #B2100078.
2. The quotations are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including,
but not limited to, product specifications and scope of services), and the formal acceptance of the
bid by Weld County, together, constitutes a contract, with the contract date being the date of
formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests
of Weld County. The bid(s) may be awarded to more than one vendor.
FIRM
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
BY
(Please print)
TELEPHONE NO FAX
SIGNATURE E-MAIL
DATE
TAX ID
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
32100078 12
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000.
ACKNOWLEDGEMENT OF BID DOCUMENTS
❑ Receipt of addenda(s), if any, should be signed..
❑ Bid Schedule (page 12)
I have initialed each of the above items and have fully executed the corresponding documents. I hereby
Acknowledge and understand the above required bid documents.
(Contractor)
Dated this day of , 20
By: Title:
From: 5XcliaSfl
To:
Subject: 2021 Emulsion Dust Control Agent B2100078
Data: Friday, April 2, 2021 10:30:24 AM
Attachments:
3 Cllutlnn:'1 kis 4maU inn'igtttilvJ d ft'k;ri C}tit: fdf! of f �tiy..i�' +i'iri$(atii?+!t'#, V°!Yk':•I Uttb&at wptfl "t':".i3{}Tq#tEB IFdi�`�dti'n
)'nat: }'#+' Gd' '1}?I; LIB'S 5endah r i; td tti b}t4: ttt ?e'er}.1.54� �i� ftl t�W fbt
Weld County Purchasing Dept:
Sending my request for bid on 2021 Emulsion Dust Control Agent B2100078.
Steven M. Marshall
Sales Representative
COBITCO, Inc. 5301 Bannock St. Denver, CO 80216-1623
Office & Fax (970) 522-7774 I Cell (970) 520-1278 I steve.marshall@cobitco.com I
cobitco.com
BID SCHEDULE
Item #1: Bid price shall be plant price only.
Item #2: Total price shall include the price of material, delivery to site and transferring the product to a Weld
County truck.
Plant Price only
Item #
Item Quantity
Unit
Price Per
Total
Paatton
1
Emulsion
Dust Control 65 000
Gallons
O, 7
S j 3 SO
�6 u C o
4 e j
Plant Price and Delivery Price to be within 60 -mile radius of Weld County Public Works 1111 "H" St.
Grelov. CO 60632.
Item #
Item
Quantity
Unit
Per
Totall
Plant Location
Emulsion
Dust Control
Up to
2
Agent and
50,000
Gallons
a
�� O �� AC,
Dellve
V.
1
L' e lr
GRAND TOTAL BID (Item #1) $ S1 35Q Q a
GRAND TOTAL BID (Item #2) $ Y (a, 0 r7 p 0
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications, and special provisions set forth
in the request for bid for Request No. #B2100 78.
2. The quotations are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including,
but not limited to, product specifications and scope of services), and the formal acceptance of the
bid by Weld County, together, constitutes a contract, with the contract date being the date of
formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests
of Weld County. The bid(s) may be awarded to more than one vendor. �A t
FIRM C O CJ I T C D J. t , BY Steve k
1 (Please print)
BUSINESS ) 3 01 A/, 3 a 4 C k S 7 DATE 0k_/ 0 ADDRESS �J V t / l L� t • � /
CITY, STATE, ZIP CODE 1 iZ rt
TELEPHONE NO Q3.Lc- FAX 303 -.?I7- 3a:z9 TAX ID # Y-050 /23 '
SIGNATURE E-MAIL v f ,
"'ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
82100078
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS 098-03551-0000.
ACKNOWLEDGEMENT OF SID DOCUMENTS
Bid Opening Checklist: All of the following oaoes must be submitted with every bid submittal. Failure to
Submit any of these documents will disguaffv your bid.
❑ Receipt of addenda(s), if any, should be signed.
[� Bid Schedule (page 12)
I have initialed each of the above items and have fully executed the corresponding documents, I hereby
Acknowledge and understand the above required bid documents. C. Q %31 TG o ..IIk c
(Contractor)
Dated this 2 r J day of /b L. , / , 20.?
By: ►
Title: D1 /-� F G -5 e LA , a/e
B2100078
13
For, 'a
Request for Taxpayer
Give Form to the
(Rev. December 2014)requester.
Ida>Itification Number and Certification
Do not
totthe Treasury
send to the IRS.
ittlenn4l Revenue service
I (ae 5f1OWn on your income tax return) Name is required on this line; do not leav, iris lb e bank
Thomas G. Morgan
ni
2 Cvwlneex Aane/tsregerded arnoty name. N different hen above
Cobitco Inc.
3 Check appropriate box for federal tax claealficatlon; check only one of the following seven boxes: 4 Ex {eodee only 10
ceseNereluanot 1 see
O C Corporation Q SCorporation O ❑ Trust/estate
O eWe tx orinstnktions on page 3);
C
O tinted y company. Enter the tax clas ificatlon (C=C corporation, 5-S co ton, f*spatlrtnehip) ► Exempt poise code (if any)
mete. Far 6 rlilanbor LLC that is , do not check LLC; check the appropriate box in the line above for Exemption rom FATCA reposing
c N
S
the lax lonof the sin tom, code (It any)
_
Other (pas ► Mao+. grcmxa•xrtra+,.aarra.a•usr
S , stroet. ate! spa. or onto ax>)
Requester's toms and address
5301 Bannock Street
a City. state, and code
Denver, CO 80216
7 list account marst(a)ttero(eptlona9
•IIaIN
Taxpayer lidsntllica#on Number tat
Enter your TIN in the appropriate box. The TIN provided must match the name given on tine 1 to avoid >to number
backup withholding. For uals, this Is generally your social security number (SSN). However, (or a
—mresident glen, sole pr prWor, or rded entity, arts liftspart I InetrucNorttn on page 3. For other
EII —1 I I I I
entities, it is your a Identification nlm ber (EN). It you do not have a number, sae Now to get a
TIN on page 3. or
Note. If the account Is In more than one name, see the Instructions for line 1 and the chart on page 4 for I" nnuxnbet'
guidelines on whose number to enter. _ i - I 1 _ I _ I _
Under penalties of per(ury. I certify that:
1. The number shown on this form is my correct taxpayer identification number (art am wailing 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 say) indicating that I am exempt from FATCA reporting Is correct.
Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return, For real estate transactions. item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Sea the
instructions on sees 3.
tit' Slanasure of
Here u.s. Dsrwsn►
General instructions
Section references are to the internal Revenue Code unless otherwise noted.
Future developments. Information Wore devetopanarSa affecting Form W-9 (such
as legislation enacted after we raUaaa N) is at www.iirsoov#W9.
Purpose of Form
Are lndrvtduat or allay (Form W9 who Is required to file an iotonnatlont
return with the IRS taunt obtain your cornet taxpayer isentltiaticn (t iN)
which may be your social security number ardivtdrarl taxpayer identIfIcation
numbor (mN). adoption taxpayer Identekation number (ATN), a
itSentItiittln number (SINN), to repattan an Informal tort raison the iSiWIt traits to
you, or other amount reportable an an information return. Examples of Information
returns include, but are not limited to, the following:
• Form 1099-INT (Interest earned or paid)
• Form 1099 -DIY (dividends, including those from stocks or mutual funds)
• Form 1O99-MISC (various types of Income, prizes, awards, or gross proceeds)
• Form 1099.6 (stock or mutual fund sates and certain other transactions by
brokers)
• Form 1009-S (proceeds from real estate transactional
• Form 1099-K (merchant card and third party network Irensacttons)
Oe1e► /" ..j 7
• Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T
(tuition)
• Form 1099.0 (Canceled debt)
• Form 1099-A (acqutattion or abandonment at secured property)
Use Form W-9 only if you are a U.S. person (Including a resident allen), to
provide your correct TIN.
II you do not +aftun form W-9 to tie raquasrar with a TIN, you might be sub)ecr
Iatsscilepw#Mofratlg. See Wherizbscllupwithho&do� on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving lecorrect (or you toe wafting fora number
to be issued),
2. Certify that you are not subject to backup withholding, or
3 Claim emnnpdon from backup w4hhold rug 4 you am m a US. oxextrpl payee. It
applicable, you we also certifying that as a U, person, your allocable sham of
any pwrnersstiniflcorna from a U.S. two orbuelrtees is test subject to the
withholding tax on foreign partners' due oll effectively connected income, and
4. Certify that FATCA coda(s) entered on this form (it an(i) indicating thatyou are
exempt from the FATCA reporting, is correct. Sea Whir is MICA reporrlrrg2 on
page 2 for further Information,
Cat. No 10231X Form W-9 (Rev. 12-2014)
1Jt\TRICOR REFINING, LLC
Producers of GOLDEN BEAR PRESERVATION PRODUCTS
1134 Manor St. • Oildale, CA 93308 1 P.O. Box 5877 • Bakersfield, CA 93388
Phone 661.393.7110 - Fax 661.393.2083
CiC " ERiE t Dust Control Agent and Base
Specifications: Coherex Dust Control Agent
Test Method Requirements
rests: ASTM AASHTO Min. Max.
Viscosity @ 25°C, SFS
D-244
T-59 15 40
Sieve Test, % wt,)
D-244
T-59 --- 0,1
Residue, % wt='
D-244
T-59 60 65
Particle Charge Test
D-244
T-59 Positive
'Test procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution.
2ASTM D-244 Evaporation Test for percent of residue is modified by heating 50 gram sample to 149°C (300°F) until foaming ceases, then
cooling immediately and calculating results.
Note: For galfton conversion use 242 gal/ton.
Specifications: Coherex Base
Test Method Requirements
rests: ASTM AASHTO Min. Max.
Viscosity @ 100°C, cSt
D-445 ----
17.17 23.83
Flash Point, COC, °C
D-92 T-48
208 -----
Asphaltenes, %w
D-2006-70 ----
---- 0.75
Saturated Hydrocarbons, %w
D-2006-70 -
- 20
Specific Gravity
D-1298 T-277
1.000 1.Q40
Note: Data presented are typical. Slight variation may occur from lot to lot.
„� .... �, p.,, x.p##�,a ,,A,gv t,�,,.- d —f _ . �n..,a
fwm u•+t3. - das w ptwrc,tau:.ratrµ,.�sv°v_�s�a #r H p icis cI u k"Ax I—, e the TWO[
New Contract Request
Entity Information
Entity Name*
COBITCO INC
Contract Name *
EMULSION DUST CONTROL - COHEREX
Contract Status
CTB REViEW
Entity ED * ❑ New Entity?
@00024895
Contract ID
4741
Contract Lead *
DNAI &AU ER
Contract Lead Email
dnai bane rLwco.weld.co. u s
Contract Description *
SUPPLY EMULSION DUST CONTROL FOR WELD COUNTY CONSTRUCTION PROJECTS
Contract Description 2
Parent Contract ID
•
Contract Type
Department
Requested ROCC Agenda Due Date
AGREEMENT
PUBLIC WORKS
Date* 05/06/2021
05/10/2021
Amount*
Department Email
$97,350.00
CM-
Will a work session with BOCC be required?*
PublicWcrks@eldgov.co
NO
Renewable *
YES
Department Head Email
_
Does Contract require Purchasing Dept. to be included?
CM-PublicWorks-
YES
Automatic Renewal
DeptHead eldgov.com
Bid/ #*
Grant
County Attorney
62100078
9O9 CHOATE
EGA
County Attorney Email
BCHOATEC.O .WELDCOUS
It this is a renewal enter
previous Contract ID
r • i
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date Review Date * Renewal Date *
01/131/2022 04/2812022
Termination Notice Period Committed i ry Date Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Mead
JAY MCDONALD
OH Approved Date
05,03/2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05`1012021
Originator
DNAIBAUER
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approved Date
05,03/2021
Finance Approver
CONSENT
Finance Approved Date
05/03;2021
Tyler Ref #
AG 051021
Legal Counsel
CONSENT
Legal Counsel Approved Date
05?03/2021
MEMORANDUM
TO: Board of Commissioners DATE: April 14, 2021
FROM: Jay McDonald, Director of Public Works
SUBJECT: 2021 Emulsion Dust Control Agent, B2100078
The Public Works Department recommends the bid for Emulsion Dust Control Agent be awarded to Cobitco
Inc, the low bidder. The price to purchase material from their plant (Item #1) is $0.79/gallon for a total of
$51,350.00 ($0.79/gallan). The purchase and delivery price (Item #2) is $0.92/gallon for a total of $46,000.00.
The grand total for both is $97,350.00.
The total budgeted amount for 2021 is $105,000.00.
If you have any questions, please call me at extension 3761.
M: mona:wordfiles/bids/rnemulsiondustcontrol2021.docx
'l/a8 a foal - l03'2
GO071
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: reverettCa.weldgov.com
E-mail: cmpeters(cDweldgov.com
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 400-4024
DATE OF BID: APRIL 13, 2021
REQUEST FOR: EMULSION DUST CONTROL AGENT
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B2100078
PRESENT DATE: APRIL 14, 2021
APPROVAL DATE: APRIL 28, 2021
(ONE YEAR CONTRACT, COUNTY MAY EXTEND UP TO (2) TWO ADDITIONAL YEARS.)
ITEM #1 ITEM #2
COST OF EMULSION** COST OF EMULSION DUST***
VENDOR DUST CONTROL AGENT CONTROL AGENT + DELIVERY TO SITE
COBITCO INC $0.79/gal — Total - $51,350.00 $.92/gal — Total $46,000.00
5301 N. BANNOCK ST
DENVER CO 80216 PLANT LOCATION: DENVER
VANCE BROTHERS INC $1.22/gal — Total - $79,300.00 $1.33/gal — Total $66,500.00
380 W. 62ND AVENUE
DENVER CO 80216 PLANT LOCATION: DENVER
ITEM # 1- ** QUANTITY WILL BE UP TO 63,000 GALLONS
ITEM #2 - ** QUANTITY DELIVERY TO SITE UP TO 50,000 GALLONS
**PUBLIC WORKS IS REVIEWING THE BID AT THIS TIME
2021-1037
O r b�77
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