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Home My WebLink About20191412.tiffGon+r-exct =() *9593 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2021 Dust Palliative Supply - GMCO, Extension/Renewal DEPARTMENT: Public Works DATE: 2-25-2021 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County has two Dust Palliative Supply contracts that were bid and approved in March and April of 2019. The agreements are with GMCO Corporation and Envirotech Services Inc. GMCO Corporation will deliver up to 1,473,500 gallons to Weld County shops and provide (2) 20,000 -gallon bulk storage tanks. The Dust Palliative Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 1, 2021 to December 31, 2021 as pennitted by the contract. This is the second renewal of two, one-year renewals. The contract allows for yearly bid adjustments based upon the current ENR Cost Index. GMCO did not ask for a cost increase for 70/30 Mag-Chloride for this contract year. GMCO Corporation will provide Weld County up to 1,473,500 gallons of 70/30 Mag-Chloride at $0.693/gallon for a total contract price not to exceed $1,021,135.50 and provide (2) 20,000 -gallon bulk storage tanks at no charge. They will deliver the product to our two locations in Greeley and New Raymer. GMCO has a facility at 18479 WCR 13, between WCR 38 & WCR 40 Johnstown and has provided a cost per gallon for pickup of 0.668/gallon. Weld County will take advantage of this price reduction when we are in the vicinity of that facility. The total amount projected for the Dust Palliative supplied by GMCO is $1,021,135.50. The total amount projected for the Dust Palliative supplied by Envirotech is $623,220.00 Equaling a total for 2021 of S1,644,355.50. The budgeted amount for the 2021 contract year is $1,655,450.00. Public Works has been satisfied with GMCO's service and would like to use the 70/30 product in the Dust Mitigation Program this contract year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) The Board may agree to extend/renew the contract for GMCO as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the GMCO contract for one year as provided by the contract. Approve Perry L. Buck Mike Freeman Scott K. James, Pro -Term Steve Moreno, Chair Lori Saine pc: Jay McDonald, Director, Public Works Curtis (fall, Deputy Director, Public Works r\Siv It O3/1-7 tV Schedule ndation Work Session Other/Common* a,,e4,06° ) 2p -s,2-/ 6.000-1 Co CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF GRAVEL ROAD MGMT. DIVISION AND GMCO CORPORATION. This Agreement Extension/Renewal ("Renewal'), made and entered into l .. day of Mareh,2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, Gravel Road Management, hereinafter referred to as the "Department", and GMCO Corporation hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-1412 approved on April 29, 2019. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2019. • The parties agree to extend the Original Agreement for another additional 365 day period, which will begin January, 12021, and will end on December 31, 2021. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Contract Time Extension: This is the second extension of a possible two-year extension. 2. Change to the Original Bid Schedule: The Quantity for 2020 of 1,560,000 gallons has been changed to 1,473,500 gallons during the 2021 contract Extension Renewal. The 2020 Bid Schedule for the original contract will be replaced by the attached 2021 Bid Schedule. 3. Change to the Contract Price: The 2020 contract for IntegriBlend 70/30 CS and the price for Mag-Chloride of $0.693 per gallon for delivery and $0.668 for pickup will stay the same during the 2021 Contract Extension Renewal. The 2021 total contract amount not to exceed $1,021,135.50. 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Jeremy Henderson, President Printed Name i rT Sign Steve Moreno, Chair MAR 1 7 2021 TTEST: rk o th puty Clerk '• the Board 020 /9- / ��- BID SCHEDULE 2021 Dust Palliative Supply ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives Greeley 898,500 Gallons $0.693 $ 622,660.50 Kersey 325,000 Gallons $0.693 $ 225,225.00 New Raymer 250,000 Gallons 0.693 $ 173,250.00 Pick Up Gallons 0.668 ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 106.08 20 000 Gallon Bulk Storage Tank New Raymer 1 Per Month N/C No Charge 106.08 20,000 Gallon Bulk Storage Tank Greeley 1 Per Month N/C No Charge Prepared by: GMCO Corporation Bruce Juelfs, VP of Sales & Marketing 970-541-8834 February 18, 2021 BOND #2312081 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, GMCO Corporation as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) North American Specialty Insurance and Cornpanv as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Wald Country as Oblige, (hereinafter called the Buyer), in the just and full sum of flno Million Twenty -One Thousand One Hundred Thirty -hive and 50/100ths ($1,021,135.50) (here insert full name and address or legal tide of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 2/22/20 21 to furnish the following briefly described supplies:2021 Dust PalliativeSuPPI1Altlich contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the 22tiddav of February GMCO Corporation (Seal) � rJ2e2a.e 74" . 2021 (Title) O.44 -4441t4 t}iY7vr.lnh" f (Witness) North American Specialty Insurance Company (Surety) t�� AttachAljl,Corpprate Power (Witnes 4 5tg4;.i,mtis c.. f.SEA �:. Anne E. Vogel, Attorney -in -Fact Attorney Form Witness to Surety 81 Page 17 GMCOCOR-01 TCORNEJO CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DDIYYTY) 1/20/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services (COL) 2742 Crossroads Blvd Grand Junction, CO 81506 INSURED GMCO Corporation GMCO LLC of Colorado 0228 Powerline Road RNIe, CO 81650 ncT Lynn Bosman PHONE(N , Eat): (303) 252-3762 ac A//C, , No): (866) 243-0727 w,,., sm Lynn.bosman cehubinternational.com INSURERS) AFFORDING COVERAGE NAIC a INSURER A : National Union Fire insurance Company of Pittsburgh, PA 19445 INSURER a :Axis Specialty insurance Company ,15610 _ INSURER C New Hampshire Insurance Company 23841. INSURER D:Old Republic Insurance Company 24147 _ INSURER E :. - _. INSURER F : • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, .. ._. LIMITS INSR-....... -.- 'ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE t INSD yyyD POLICY NUMBER WIMIDpnYYTI IMM/ODIYYYYI A X COMMERCIAL GENERAL UABILITY' CLAIMS -MADE X occuR 8586285 11/1/2020 6/1/2021 GENLAGGREGATE LIMIT APPLIES PER: j X POLICY ? •T EF LOC ! .- OTHER ,_EACHOOCURRENQE _._$ DAMAGE TO RENTED . PREMlSFdS.(Eaexlarfllncs?$ .._..____ MEDEXP(Anyonemann) _ ;_S PERSONAL BADVINJURY S i GENERALAGGREGATE PRODUCTS-COMP/OPAGO .$ , $ 1,000,000 _ 500,000 25,000 1,000,000 2,000,000 2.000,000 A AUTOMOBILE UABIUTY X ANY AUTO 5717794 11/1/2020 6/1/2021 OWNED ( SCHEDULED AUTOS ONLY " AUTOS ..-. ---, AIM ONLY , - ' AUTOS le COMBINED SINGLE LIMIT BODILY INJURY (Per person)_YS BODILY BODILY INJURY.(peraccident).. $ Y (Per PE M(AMAGE 2,000,000 - B UMBRELLA LIM X OCCUR X EXCESS UAB CLAIMS -MADE P-001-000377974-01 11/1/2020 6/1/2021 DED !„ X RETENTION $ 0 EACH OCCURRENCE $ AGGREGATE $ $ 3'000'000 3'000'000 C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY WC16433222 11/1/2020 6/1/2021 AApNYPRRO/PMEMBERIEXCLUDED�CUTIVE Y -/N NfA '. (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X :_.STATUTE . .ER ,E.L-EACH ACCIDENT ,$ El. DISEASE - EA EMPLOYEE. $ _ _-_.. E.L DISEASE - POLICY LIMIT $ 1,000,000 1'000'000 .. .. 1,000,000 D Excess Liability EMM000049700 11/1/2020 6/1/2021 2,000,000 / 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This section intentionally left blank. CELLATION Weld County Purchasing Department tY 9 P 1150 0 Street, Room #107 Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO. 2021 Weld County Dust Palliatives LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, If not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my fine. I further attest that 1. The price(s) and amount of this bid have been arrived at Independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other fine or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or Induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm Is made In good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether In connection with this or any other project, In consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project, 8. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any Intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated In any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's lam or company name GMCO CorporationG�f P.O. Box 1480 Rifle CO 81650 9y J.. ' ciftae rime 1!2012021 ` y Henderson, President 2nd comractod a arm or company name. (N jean verdure.) 9y Oata Title Sworn to before me this 20th day of, January 20 21 Notary Public ,I rL r��v6Va)ky JENNIFER Public Notary State of Colorado Notary ID If 20184014784 My Commission Expires 04-03-2022 My commission mares J 4-3.2022 NOTE: This document must be signed in ink, COOT form N6a6 1/02 Contract Form Entity Information Entity Name* GMCO CORPORATION New Contract Request Contract Name* DUST PALLIATIVE SUPPLY 2021 Contract Status CTB REVIEW Entity ID* g•00009163 Contract Description* DUST PALLIATIVE SUPPLY - GMCO 2021, SECOND RENEWAL Contract Description 2 Contract Type* CONTRACT Amount* 51,021,135.50 Renewable* NO Automatic Renewal NO Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorksFweldgov.com Department Head Email CM-PublicWorks- DeptHead weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE E'CO.WELD.CO.US If this is a renewal enter previous Contract ID 3438 If this is part of a MSA enter MSA Contract ID ❑ New Entity? Contract ID 4542 Contract Lead* MLIVENGOOD Contract Lead Email MLivengood:i:Pco.weld.co.us l d. co. u s Requested BOCC Agenda Date* 03x'15 2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 03!11,12021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Senvices Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Review Date* 11(29,2021 Committed Delivery Date Renewal Date Expiration Date* 12'31/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03/12/2021 Final Approval BOCC Approved BOCC Signed Date MCC Agenda Date 03/17,2021 Originator MLIVENGOOD Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 03p`12, 2021 Finance Approved Date 03/12/2021 Tyler Ref # AG 031721 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 03 ,12,2021 12,,`2021 ip'43c5 (12 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2020 Dust Palliative Supply - GMCO, Extension/Renewal DEPARTMENT: Public Works DATE: 2-13-2020 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County has two Dust Palliative Supply contracts that were bid and approved in March and April of 2019. The agreements are with GMCO Corporation and Envirotech Services Inc. GMCO Corporation will deliver up to 1,560,000 gallons to Weld County shops and provide (3) 20,000 -gallon bulk storage tanks. The Dust Palliative Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 1, 2020 to December 31, 2020 as permitted by the contract. This is the first renewal of two, one-year renewals. The contract allows for yearly bid adjustments based upon the current ENR Cost Index. GMCO has asked for a cost increase for 70/30 Mag-Chloride. The increase requested is within the allowable amount for the yearly bid adjustment per the contract. GMCO Corporation will provide Weld County up to 1,560,000 gallons of 70/30 Mag-Chloride at $0.693/gallon for a total contract price not to exceed $1,081,080.00 and provide (3) 20,000 -gallon bulk storage tanks at no charge. They will deliver the product to our three locations in Greeley, Kersey and New Raymer. GMCO has constructed a facility at 18479 WCR 13, between WCR 38 & WCR 40 Johnstown and has provided a cost per gallon for pickup of 0.688/gallon. Weld County will take advantage of this price reduction when we are in the vicinity of that facility. The total amount projected for the Dust Palliative supplied by GMCO is $1,081,080.00. The total amount projected for the Dust Palliative supplied by Envirotech is $658,00.00 Equaling a total for 2020 of $1,739,080.00. The budgeted amount for the 2020 contract year is $1,829,000.00 Public Works has been satisfied with GMCO's service and would like to use the 70/30 product in the Dust Mitigation Program this contract year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) The Board may agree to extend/renew the contract for GMCO as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the GMCO contract for one year as provided by the contract. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno — Pro-Tem Kev r e96$ i"y� pc: Jay cDona d, Director, Public Works Curtis Hall, Deputy Director, Public Works Approve Recommendation Schedule Work Session Other/Comments: toit.,4.&/tt)) ,3O? O2° 020/9-/- b 7G CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF GRAVEL ROAD MGMT. DIVISION AND GMCO CORPORATION. This Agreement Extension/Renewal ("Renewal"), made and entered into 11th day of February 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works. Gravel Road Management, hereinafter referred to as the "Department", and GMCO Corporation hereinafter referred to as the "Contractor'. WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-1412 approved on April 29, 2019. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31. 2020. • The parties agree to extend the Original Agreement for an additional 365 day period, which will begin January, 12020, and will end on December 31, 2020. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Contract Time Extension: This is the first extension of a possible two-year extension. 2. Change to the Original Bid Schedule: The 2019 Bid Schedule for the original contract will be replaced by the attached 2020 Bld Schedule. 3. Change to the Contract Price and Chemical Name: The 2019 contract GMCO 70/30 CS is now modified to IntegriBlend 70/30 CS and the price for Mag-Chloride of $0.689 per gallon is now modified to $0.693 per gallon for delivery and $0.668 for pickup during the 2020 Contract Extension Renewal. The 2020 total contract amount not to exceed $1,081,080. 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO '1.t,4 Mike Freeman, Chair 020 .dt�Ln, rR..�sO2 puty Cle ' to t e Boar WELD COUNTY Dust Palliative Supply Contract 2020 BID SCHEDULE ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives Greeley 910,000 Gallons $0.693 $630,630.00 Kersev 350,000 Gallons $0.693 $242,550.00 New Raymer 300,000 Gallons $0.693 $207,900.00 Pick Up Gallons $0.668 ITEM # lux LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE I�NIT 106.08 20,000 Gallon Bulk Storage Tank Kersey 2 Per Month NJC No Char 9 e 106.08 20,000 Gallon Bulk Storage Tank New Raymer 1 Per Month N!C No Char e 9 106.08 20,000 Gallon Bulk Storage Tank Greeley 1 Per Month N/C No Charge Prepared by: GMCO Corporation Bruce Juelfs, VP of Sales & Marketing 970-541-8834 February 4, 2020 ACC:PR O. GMCOCOR-01 CERTIFICATE OF LIABILITY INSURANCE TCORNEJO DATE (MMIDDNYTY) 211412020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condklons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services (COL) 2742 Crossroads Blvd Grand Junction, CO 81506 INSURED GMCO Corporation PO Box 1480 0228 Powerline Road Rifle, CO 81650 acT Lynn Bosman PHONE ACC, No, WI: (303) 252 3762 wa , sop(866) 243-0727 s, Lynn.bosmanehubintemational.com INSURERISIAFFORDING COVERAGE _ _ _NAIC O iNSur(IER A;First Liberty Insurance Corporation 33588,. _ rNsuRER El :Liberty Mutual Fire Insurance Company _23035 INSURER C: Liberty -,Insurance Corporation _... .,42404.__...... INSURERD:PinnacolAssuranceCompany 41190 INSURER E: Zurich American Insurance Company_ ,16535 INSURER F : - • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.� _-.. ADDLSUBR'. -.. ^-POUCYEFF POLICYEXP LTR I TYPE OF INSURANCE I SD Y44O POLICY NUMBER IMLUDDIYYYYI IMMIDDJYYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE X OCCUR TB6-Z91-466747-029 12/31/2019 12/31/2020 GENT_ AGGREGATE LIMIT APPLIES PER: X POLICY + y - LOC - OTHER: 1,000,000 EACH _;S _,._. GE TO RENTED 100,000 PRISES (Ea occurrence) E MED EXP (Any one. person).. ',. S 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGGS 2,000,000 $ B W AUTOMOBILE LIABILITY , X ANY AUTO AS2,Z91.466747-019 12/31/2019 12131/2020 -' OWNED - SCHEDULED . AUTOS ONLY „ , AUTOS AUTOS ONLY :AUTOSONL� COMBINED SINGLE LIMIT 2,000,000 (EaacdQed). _..3 __. BODILY INJURY (Per person) $ BODILY BBOODILYINJUpRpYM(Peraccident). S (Par mod_,. AGE.. _$ S C X UMBRELLA LIAB X; OCCUR .. .... •. Excess uAs CLAIMS -MADE TH7-Z91-466747-049 12/3112019 12/31/2020 DEO X RETENTIONS 0 EACH OCCURRENCE S 5,000'000 _... _ AGGREGATE $ 5,000,000 S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4155502 7/1/2019 711/2020 ANY PROPRIETOR/PARTNER/EXECUTIVE IY I N -. N / A KLICERIMlin% EXCLUDED? (Mandatory In NN) If yes,tlescribeunder DESCRIPTION OF OPERATIONS heloW X STATUTE ! ERµ 1,000,000 EL EACH ACCIDENT . $ _ - E_L._DISEASE -EA EMPLOYEE S 1'000'000 EL DISEASE - POLICY LIMIT $ 1,000,000 E Work Comp-AZ,NE,TX WC969136308 7/1/2019 7/112020 1,000,000/1,000,000/ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This section intentionally left blank. CERTIFICATE HOLDER Weld County Purchasing Department 1150 0 Street, Room #107 Greeley, CO 80631 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. 2297567 PERFORMANCE BOND Dust Palliatives Sum* KNOW ALL MEN BY THE PRESENTS; that GMCO Corporation (Name of Vender) P.O. Box 1480, Rifle, CO 81650 (Address of Vender) Corporation Vender, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company , hereinafter called Principal, (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) 1111 H Street, P.O. Box 758, Greeley, CO 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One Million Eighty One Thousand Eighty and 00/100 Dollars, ($ 1,081,080.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 11th day of February , 20 20 , a copy of which is hereto attached and made a part hereof for the construction of: Dust Palliatives Supply: described in the Invitation for Bid, Bid No. B1900073 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Bond No. 2297567 PERFORMANCE BOND Dust Palliatives Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 12th day of February , ?020 v�¢ l/t l�t�/J (C ❑traetc�r Secretary (SEAL) Witness 'tor) ATTEST: N/A (Surety) Secretary (SEAL.) �w Br: W itraq. as to Surety Nancy Rosenbach 2000 S. Colorado Blvd., Tower 2, Ste. 150 (Address) GMCO Corporation Contractor r----�' P.O. Box 1480 (Address) Rifle, CO 81650 (Address) North American Specialty Insurance Company Surety By ttorney-in-Pact, Jessica Jean Rini 1200 Main Street, Suite 800 (Address) Denver. CO 80222 Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Bond No. 2297567 LABOR & MATERIALS PAYMENT BOND Dust Palliatives Supply KNOW ALL MEN BY TI-IE PRESENTS; that GMCO Corporation (Name of Contractor) P.O. Box 1480, Rifle, CO 81650 (Address of Contractor) Corporation Contractor, and a (Corporation, Partnership, or Individual) North American Specialty Insurance Company , hereinafter called (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) 1111 H Street, P.O. Box 758, Greeley, CO 80632 (Address of Owner) hereinafter called Owner, in the penal sum of One Million Eighty One Thousand Eighty and 00/100 Dollars, ($ 1,081.080.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 11th day of February , 20 20 , a copy of which is hereto attached and made a part hereof for the construction of: Dust palliatives supply described in the Invitation for Bid, Bid No. B1900073 NOW, TFIEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void„ otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the ri eht of any beneficiary hereunder, whose claim may be unsatisfied. Bond No. 2297567 LABOR & MATERIALS PAYMENT BOND Dust Palliatives Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 12th day of February 20 20 . GMCO Corporation citivvt vt (Contractor) Secretary (SEAL) ( W itness (Address) ATTEST: N/A (Surety) Secretary (SEAL) By' k a t. � a7i. , Gt Oc L'• White.. as to Surety Nancy Rosenbach 2000 S. Colorado Blvd., Tower 2, Ste. 150 Contractor B)_� P.O. Box 1480 (Address) Rifle, CO 81650 North American Specialty Insurance Company Surety By Attorney -in -Fact, Jessica Jean Rini 1200 Main Street, Suite 800 (Address) (Address) Denver, CO 80222 Kansas City, MO 64105 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. r SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: TIMOTHY J. BLANCHARD, TERRI L. REESE, VICKIE GOLBIC, ROBERT CHARLES TORRES, CHRISTINA L TOWNSEND, ASHLEY K. ANDERSON, MARY ANN EURICH, JENNIFER J. WALKER, BARBARA J. ARNOLD, RUTH ANNE LINDSAY, JESSICA JEAN RINI, NIKKI M. MOSBRUCKER, AND LYNN CHRISTINE BOSMAN JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." to SEAS s m_ s'! 1973 ie. B Stewn P. Anderson, Senior Vice PreaWeal of Washington fnlernatlonaf Insaranee Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporadon IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 2ND day of JANUARY , 20 19 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 2ND day of JANUARY , 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President o£ Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL i M. KENNY f 1 Notary Public -Slate of Illinois I t My Commission ['tones t 1310412021 \--•..1'� 1 , ,, , M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 12th day of February , 2020 , Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation Contract Form New Contract Request Entity Information Entity Name* GMCO CORPORATION Contract Name* 2020 DUST PALLIATIVE SUPPLY Contract Status CTB REVIEW Entity ID* @00009163 ❑ New Entity? Contract ID 3438 Contract Lead* MLIVENGOOD Contract Lead Email MLivengood@co weld co us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* 2020 DUST PALLIATIVE SUPPLY - GMCO, FIRST YEAR OF A POSSIBLE SECOND YEAR RENEWAL Contract Description 2 Contract Type* RENEWAL Amount $1.081,0$0.00 Renewable* YES Automatic Renewal NO Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@oeldgov, com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD.CO. US If this is a renewal enter previous Contract ID 2631 ff this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 03/0212020 Due Date 02?27/2020 Will a work session with BQCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Termination Notice Period Review Date* 11/30/2020 Committed Delivery Date Renewal Date* 01/01/2021 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 02,25/2420 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 43/42/2424 Originator MLIVENGOOD Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Contact Phone 2 Purchasing Approved Date 02125/2420 Finance Approved Date 02/2512020 Tyler Ref # AG 434224 Legal Counsel CONSENT Legal Counsel Approved Date 02/25/2020 Submit k7S) TO: Board of Commissioners DATE: April 12, 2019 FROM: Jay McDonald, Public Works Director Curtis Hall, Public Works Deputy Director SUBJECT: Dust Palliative Supply for 2019 (BID REQUEST NO. B1900073) e Weld County Public Works Department is recommending that the Board of County Commissioners accept the overall low bid from GMCO Corporation, for 70/30 Mag-Chlori€le for the Dust Palliative Supply for 2019 at a cost of $0.689 per gallon to be supplied at all three locations for the 1,560,000 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations. The Public Works Department also recommends that the Board of County Commissioner accept the bid from GMCO for (2) 20,000 gallon portable storage tanks at Kersey and (1) 20,000 gallon portable storage tank at New Raymer at No Charge. The cost for the 1,560,000 gallons delivered to the county tanks and the supplied portable tanks from GMCO is $1,074,840.00. The total budget for the 2019 dust palliative supply is $1,7579400. This recommendation is for 70% of the total of 2,260,000 gallons of dust palliative totaling $1,074,840. The sole source products of Durabiend and Basebind from Envirotech for dust palliative was approved by the Board of County Commissioners on April 8, 2019 and was for 30% of the total budget equaling $644,000 for a total budget of $1,7189840. If you have any questions please call Jay at extension 3761 or Curtis at extension 3721. br1/4°S,52SILA Has "� Cam: /it') triee ' low Li04_ttmg,-) E;i , 02-9 -/ ce±loicf tfrz-1 — tr-64 _1 BID R F,QUEST NO. B 1900073 WELD COUNTY DEPARTMENT OF PUBLIC V'VO !'K CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR DUST PALLIATIVE SUPPLY Renewable for 2020 and 2021 March 2019 Weld County Public Works Gravel Road Management Division 11H l 1 H Street P.Q. Box 758 Greeley, Colorado 80632 970-356-4000, Ext. 3721 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. Invitation to Bid / Notice to Bidders 3-4 Instruction to Bidders 4-5 General Provisions and Information _ 5-11 Specifications and Scope of Work 12-13 Project Contacts and Submittal Schedule 13 Terms and Conditions 13 Bid Schedule and Submittal Requirements 14 Project Special Provisions 19-21 ➢ Revision of Section 105, Claims for Contract Adjustment ➢ Revision of Section 106, Samples, Tests, Cited Specifications ➢ Revision of Section 106, Control of Material Revision of Section 209, Watering and Dust Palliative Guide to Material Testing Signature Page 15 Notice of Award/Acceptance Notice 16 Supply Bond 17 Anti -Collusion Affidavit 18 BID REQUEST #B1900073 Page 2 b", d1J9`$tti 4%.TN156i Cad 5 aSv OMATio.- ,It44 Y9434'w. 0Mtii.\2$1 T�Sn 9ilN .VdiYA�4Vd'L5Q�S9,4911:. ' R3..rze. EMIWZ000Metit Ag4tAi4Z°"itZS�. lwrillY!.Celi:U'iA'X S.0.i''°'S 18:71 7UZL1 gIdeelEitt aNate0C7ibAYJAY'aftre :GOfu^.$'6 �S'' lrakkitawrZt alY.QW&Y_NNO.I Ai.M145CdtAA.Vo Ar T REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: March 20, 2019 BID NUMBER: #B1900073 DESCRIPTION: Dust Palliative Supply DEPARTMENT: Gravel Road Mgmt. Division, Public Works BID OPENING DATE: APRIL 3, 2019 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: Dust Palliative Supply The project, in general consists of delivering of 1,560,000 gallons Liquid Dust Palliatives to bulk tanks at our Greeley facility and providing (3) 20,000 gallon bulk storage tanks located in Kersey and New Raymer for use in providing dust mitigation on gravel roads within Weld County. See Page 13 for Terms and Conditions. . Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150O Street Room #107 Greeley CO 80631 until: IVIONDAY AAPRILB114 2019 10:00AM. Weld Coun� .iNiJW+ .M ll.�Y�Y.YM ®.W..! •�5k •S'•J! 4!u ++�I ! T I 1 • D. 9 �� M Phi₹11W �g l # Purchasing Time Clock). PAGES 1 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-11 MAY .. T.T._ BE APPLICABLE FOR EVERY PURCHASE, BID SPECIFICS FOLLOW PAGE 11. 2. INVITATION TO BID: VVeld 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 at two locations: On the Weld County Purchasing website at htt s://www.weld ov.comide artments/ urchasinc. located under "Current Requests". And, on the Bidnet Direct website at wvvw_,bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. BID REQUEST #B1900073 Page 3 1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s @weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right t•: a sealer bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 4223 if you have any questions. 3. INSTRUCT' NS TO BIDDERS: IN ►TRODUC raoRY 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 os bidder and be signeo 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 vveld 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 14-0(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 'or any officer of Weld County). Weld County reserves the right t0 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. BID REQUEST #B1900073 Page 4 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. 4e SUCCESSFUL' BIDDER HIDING PCTICES m ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien why 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, t`irough participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §6_17.5-102(5)(c). Successful bidder shall not knowingly employ or contracwith 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. BID REQUEST #81900073 Page 5 GtrL ':no,nV.rta.�.l'/da'. ax:a *-4".wntvJ/rrv,c,4,0xA`.;:,•.` , .,,•,,•••• riw.:.waFMv2a tkMrh`M�.'•vwv.� .aTc,+aorumaaivaeorerr e. .w..ac�emsx+ 5. P O V iSIOIl VS A. Fund Av aH Mitya Financial obligations of Weld County payable e ter the current fiscal year are contingent upon funds for that purpose being appropriated, bud et d and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will oe available fund the contract bey, n the current fisca year. B. o vale Secrete and other Confidential! Mormalion: Weld County discourages adders 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, cSrly denoting in red on the informati n at the top the word, "C NFIDENTIA ." However, the sJccessful 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 clEntidentialo-,:y of all dicurnenls. The bidoter is responsib e for ensuring that all informatin contained within the confidential portion ,f she submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (llraad}- secrets, privileged information, and confidential co amercial, financial, geological, or geophysical data). if Weed County receives 2 CO :A request for bid information marred "CONFIDENTIAL", staff will review the confidential materials to d termine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protect -ad from disclosure. Weld County staff will not be responsible for redacting or id Intifying Confidential information which is included within the body of the bid and not separately identified. Ay document which is incorporated as an exhibit into any contact execured by tl-e County shall be a public d CUM nt regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpret: -:d as a waiver, express r implied, of any of the immunities, rights, benefits, pr tections or oth 1r provisi•ns, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. hiidepe—icient Contra-Jo:tor: The successful bidder shall perform its duties hereunder as an independent con ractc r 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 held County. The succeu:ssful 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 sr any of its agents or employees. Unemployment insurance benefits will be available o 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. —he successful bidder shall nt have autho-ization, 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 fol°owing 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. C mpliance with _,aw: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in erect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of saw: Colorado lave, and rules and regulations established pursuant thereto, shall be applied in tke interpretation, execution, and enforcement of the contrast. Any provision included r incorporated herein by reference which conflicts with said laws, rules and/or regulations sha I be null and void. Page 6 SID REQUEST #B1900073 .. i...L....:..:S..WSi.u._:S1.`. e':"...... —.N ... A,...�.r...ve.a_ira...:.v.._.....9r CS..s...wt..kliw'saecne u.�+�w. .�+�............:...S�i.'?u..�.v...n..v.n. .v J.....�..W�..�wr w.... NMkM4t&:11^-a-k3'v^V'J.''o!�^.':^aR�+vS4' werge `MN.VMWCeteres tevrtgance9....1r'{C'.^....4Y/.: MIA IBM *at PatetteJlteMenlIDIXISMAITI0S•1 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 arty claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parti,as that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's F )es/L.,:gall 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 are 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 `_o withhold payment or to terminate this Agreement. K. Terra: The terns 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 no odificatisn: 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. BID REQUEST #81900073 Page 7 O. arranty: 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 w'nich 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 conforms 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 ail 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 Meld 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: jent: 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///inflict of interest — C.R.S. §§24-18-201 et s:=q. 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 terns of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. BID REQUEST #B1900073 Page 8 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. Compensatic• n 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 tree cyccepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change ordar" 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 authorizes in writing by County. ` INSURANCE REQUIREMENTS Ccneral 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, 4 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. MSS _ BID REQUEST #B1900073 Page 9 NOM-V.!AMM.!M..W., ,M?llhY_CR \NIM•A'\WMANry.M'AM.NOI.ratIn 1PMEIffilfMtOIXIAXM+nnn".1),IMAtlfrOnnrAMbAp11014OMAVW:A'WTNN.V.O.'WVA.YA WM W.— M....M..nWANulppy'awg4b)414100)11110340.0011:WV.YT.A!P.^m...TIvori\\W.VIY\Rt\W.'MmR^xiSn/newopoilali ana naca}glJ..n111Smyy1r.CMiMR\'A'VIVMIWPWW.Mr9NML[I.n.l41VAIVNTWITTrIrN.A4^1 n.A Z^N1l WARM O !4^ "1/1!,1•A A'PRPC"," P -}r!'^ J{RT,.^A•Sp,^T^T .A•T'PVRfAMIrmen P^M INIMTTMVZl 1..1Y'. .d \...1NYIS:.N^!':.-+a .:ZZS6 manpe.6141YWteathr essainguaw..........AY6.. rce...WNf1 .Ml. 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 �,91r�iti the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or frorr any claims or amounts arising or recovered under the worker's Compensation Act, or other law, ordinance, order, or decree. Tnis 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 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. fit Commerci = I General Liability lnsurance for bodily injury, property damage, and liability assumed under an insur-J• contract, and defense costs, with the minimum limits roust be as follows: $1,000,000 each occurrence; $2,000,0003 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury AutomobiN 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 propel 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 o.eliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof .of Insurance: County reserves the right to require the successful bidder to provide a certFicate 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 Subro ti n: For all coverages, Success County. gal bidder's insurer shall waive subrogation ights against •Va BID REQUEST #B1900073 Page 10 Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST *B1900073 Page 11 SPECIFICATIONS AND SCOPE OF WORK: Purpose: Weld County is soliciting bids for the delivery of liquid dust palliatives, into bulk storage tanks for the counties Dust Mitigation Program, treating gravel roads throughout Weld County. GENERAL CONDITIONS AND SCOPE: 1. Weld County will not supply any material for this project. 2. The liquid dust palliatives, commonly referred to as a 70/30 blend (70% mag chloride, 30% lignin sulfate or equivalent of complex sugars which have a dark natural color, lignin sulfate is preferred), or equal and/or equivalent to the 70/30 blend. All Chemicals bid other than the 70/30 blend will need to have been reliably demonstrated and show to meet Weld Counties requirements. 3. Vendor will deliver to the bulk 20,000 gallon storage tank located at 1111 H street in Greeley, Colorado and the vendor shall provide three additional 20,000 gallon portable storage tanks to be located at the Weld County Kersey Satellite Facility located at 23636 CR 54, Kersey, Colorado and the other at the Weld County New Raymer Satellite Facility located at 500 CR 129, New Raymer Colorado and include pricing with the product being picked up at the vendors production facility depending on the plant location to be efficiently and economical benefit to be picked up by Weld County. 4. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per minute (GPM) from a truck into the storage tank and from the storage tank to a truck. 5. The storage tank shall be delivered and made ready for use by the contractor within 20 days of notice to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract. 6. The county will provide an accessible and reasonably level area for the setting of the tank. 7. Contractor will follow all rules and regulation stipulated for any permit(s) pertaining to the vendor's site. 8. Project time will be from March 2019 through February 2024. 9. Weld County will select the bidder based on the lowest cost to the County. 10. The successful bidder shall provide a Supply Bond to the County as arranged by the parties. 11. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 12. Certified liquid meters are required. 13. Payment shall be made according to the bid prices per gallon times the gallons of material supplied as determined by the metered gallons delivered. Tickets must be a printed metered gallon ticket, or a printed scale generated ticket by weight having the gross weight, tare weight and net (Tons) listed. The tickets must also List: Ticket Number, Date, Time, Truck Number Driver (optional), Delivery Location and Product. Deliveries will be accompanied by a Uniform Straight Bill of Lading (No handwritten tickets will be excepted) and will be left with a Weld County employee or in a provided receptacle. 14. Rental payment for storage tanks will be submitted per month and the quote for monthly storage tank rental shall be included with the bide 15. Weld County Public Works personnel normally work Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. BID REQUEST *B1900073 Page 12 10. The contractor shall make deliveries on an "as needed" basis to keep an adequate supply of dust palliative in the storage tanks. County personnel will help monitor dust palliative storage tank levels and advise the contractor via either phone or Email the approximate quantity needed to complete the daily work schedule. 17. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 18. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2017, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Work Department. Schedule: Bids due to Purchasing" APRIL 8., 2019 Bids accepted by BQCC: APRIL 24, 2019 Weld County Contacts: Question related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Weld County Public Works (970) 400-3734 Jhof brook weldgov.com Mike Livengood — Gravel Road Mgmto Supervisor Weld County Public Works (970) 400-3757 mliven ood c weldaov.com TERMS AND CONDITIONS: Curtis Hall v Deputy Director Weld County Public Works (970) 400-3721 chall@weldgov.com This one-year contract is renewable for up to (2) additional years. Material cost adjustments will be considered at the end of each calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Material Cost Index. The base price per gallon may increase from one year to the next by no more than the increase percentage reflected in the Engineering News Record for the cost index out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the dust palliative supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. BID REQUEST #B1900073 Page 13 PROPOSAL SUBMITTAL REQUIREMENTS: Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 4. O Complete and return bid schedule — page 14. o Complete and return signature — page 15. O Complete and return a W-9 — (if not already on file with County). O Complete and return Anti -Collusion Affidavit — page 18. 2019 BID SCHEDULE ITEM # ITEM _ LOCATION QUANTITY UNIT PRICE PER GONTRAcy PRICE UNIT 209.08 Liquid Dust Palliatives Greeley 910,000 Gallons $0.689 $626,990.00 Kersey 350,000 Gallons $0.689 $241,150.00 New Raymer 300,000 Gallons $0.689 $206,700.00 Pick Up Gallons $0.664 $0.664 per gallon ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRIGg UNIT 106.08 20,000 Gallon Bulk Storage Tank Kersey 2 Per Month N/A N/A 106.08 20,000 Gallon Bulk Storage Tank With New Raymer 1 Per Month N/A N/A Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver and load material into bulk tanks. Prices for the bulk tanks shall include delivery and made ready for use within 20 days of notice to proceed by the vender along with a pumping system to load the material into and out of the tanks at 250 gallons per minute. The vender shall be responsible for the removal of the tanks at the end of the contract. Weld County will supply a suitable site for the tanks and be responsible for the maintenance and upkeep of the pumps to insure proper operating status. If vendor equips any of the storage tanks with a remote tank monitoring system it will be provided by and maintained by the vendor. BID REQUEST #81900073 Page 14 The under& ned9 b5;fi Ns r her sig FIRM turs4 ck c W d {P nd r resents data 1. The bid proposed herein illeetS ail of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #al 900073. Th quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. . He or she is authorized to bind the low -named bidder for the amount shown on the accompanying p�� bid proposal sheets. (/� j p � �] 4. The signed PJid submitted, all ` f the 4Motis'uJ•, r�la(/Y �i� of the e^IWp4U\':Sst for Proposal contained herein S (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 Z oard of County Commissioners, together constitutes a contract, with the contract data being the date of signature by the Chair of the Board of County Commissioners. 5. 'field County reserves the right to reject any and all bids1 to waive any informality in the bids, and toaccept the bidx t tit, in the opinion of the Board of County Commissioners, is to the best interests of old County. The bid(s) may ay e ai. va d d to ore that YI onevendor. Buci ESS A CO Corporation DRESS P.O. ox 1480 CITY, STATE, ZIP CODE Rifle, Colorado 81650 _ q TELEPONE N 970-625-9100 FAX 970-025®9101 _ TAX ID # 45-4+028929 INTED NAME AND TITLE Bruce Juelf Manage. of Business Development. SIGNATURE E-MAIL *elf gmcacor . DATE April 8., X019 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE" LO COUNTY IS EXEMPT FROM COLD;";: s r LES T'XES. T}= _ CERTIFI = f�TE F PTI � E. IS #913-03551-40 NOTti �� S e :lin h;9' 9 � '.�• � • Y � � � \ T � : ri.�F; tea# �' \�"• ,.�� AGES E 2 - 11. y� ..yo: v .r..,�-eew.wv ATTEST, Veld CotyCIhrk to the ofd BY: 4a:a'An o AM,Mskaf BID REQUEST #B1900073 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'ke Freeman, Chair Pro-Tem 2019 Page 15 peg NOTICE OF AWARD st.rlea an To: GiViC0 Corp ration .O. Box 1480 Rif#e, CO1 650 Project * ascription: The pr Oct, in gener and provi i (3) 0„00 gallon balk storage tanks for use in providing dust mitigation on gravel roads within Wed county. !consists of delivering up to 1,560,000 gallons of Liquid Dust Palliatives to bulk tanks The Owner has co sidered the Bid submitted y you for the above described Work in response to its invitation for Bids and instructions to Bidders. YOU are hereby notified that your zid his bee accepted in the amount of 1,074:840.00 for up to 1,560,000 gaiions of 7013O Magachlorlde and supplying (2) 20,00+0 gallon portable storage tanks at the Weld county Kersey Facility an (1) 20,000 gall•n portable storage tank at the Weid County New ay er Facility at No Charge. You are required the instructions to the date of this Notice to you. idders t0 execute the Agreement within tern (10) calendar days from lam ou fail to execute said Agreernent within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rightsarising out of the Owner's acceptance of your bid as ab 41doned. The Owner will be entitled to such other rights as may be granted by i #. You are required to return an ackn ).:A iedged copy of this Notice of Award to the Owner, Dated this dad. of ACCE , 2019 Weid County? Cobra* r By Mike Livengood, Su br, Gravel Road iignit NCE OF NOTICE Receipt of the above Notice of reward is hereby acknowledged by Dated this day of a. c-,;n�-.,'t'a,a^'?.4a�:k.:.e�`•1.•.�: v != .. sr.v-,& 4.rzt[<9:1�7na`d?,Lir1 �:.0., BID REQUEST *81900073 .Z•n nf+: e1d x:t< _ i,.ti. w<�xls::..•' .,.+".£j�ia# (Contragtpr). 2019 Page 18 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sure of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the day of , 20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title Attach valid Corporate Power of Attorney Form (Witness) BID REQUEST #61900073 Page 17 hifill 3.5k}Y1•IIS dertAXAThirtrtr8Sere5Wk C'QTY?AWdll;14`.SnaA5,r3,10M. a3 At•W:•,, We •A:;41W•Yrt•WI ).s .4Y•-W..c '-:.4:. Y.....1/4,4 -.,.r -.-?.�ma.:n� -'-y.ye-^'-9=7.: -.x-A.wxn,ea—tiat .o -a ueir. WELD COUNTY. COLORADO NTICOLLUSI N. °J,FFIDAVIT PROJECT NC) 1 QCATION aY.Yr.WRFf.1140:00.0KrN46aIu•i.bn.le•M•/.••-imiw.. .... ..M rer". 141.4•N.V✓N.a4iieVwwM9..leA .C.C.11(1. Or..rr:Art re. I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that: 1 The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening 2B Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm 3A No attempt has been crude to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 8 My firm has not accepted or. been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other forrn of complementary bid, or agreeing or promising to do so, on this project 7 I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit 8 I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE= OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE t.“".; ti • `W' .1 l t: ulr t • A; •II(Stir '3 rt` If Jr ar Y ar. S� Ali A:AN wvasonewiiiiit _ ANS r. • : Sworn to before me this Aro Y . r� day of NOTE: This document must be signed in ink. '•Nn.nep,.noreem titewraRi•+n•-..•.nv:'eanwwen. wnoseregewie.e:hYwWEaw.+.«evu• qt"?.. 1 car 1 WSW () 3:Si wm N • on .. pI.�N.•Y.• p•..'w•-.II. M.Rn.N..u. R.ay.n vMw.. 19 n vASA:•niV 4swilti*niii*W5legeS1rTg.µ3 ti0:1.45 0,6,44wHti*Roi .illit . rri.Ja:..tsiw;•em`IUIIn� BID REQUEST #81990073 Page 18 MT•'^ -"•.r1 R0."1MNI.AYTwPM len•n'.•1 is+-epl�slY7sz?iC5�n�r2JY.�.�j_�i Ei'.Z1C.ITi.�__ REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Mike Livenood, Gravel Road Mmt , Supervisor Project Manager: Curtis Hall, Deputy Director Project Inspector: Josh Holbrook, Construction Inspection1 Supervisor REVISION OF SECTION 106 SAMPLES, TESTS, CITED SPECIFICATIONS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised as follows: 1) All material shall be made available for inspection by Weld County personnel. 2) The Vendor shall submit a Quality Control Plan to Weld County once the contract has been approved. 3) Each load will be sampled by the vendor at point of delivery, in a plastic bottle, witnessed by a county employee. The date, load and bill of lading should accompany the sample. BID REQUEST #B1900073 Page 19 REVISION OF SECTION 106 CONTROL OF MATERIAL Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. The contractor shall provide three 20,000 gallon portable storage tanks to be located in the lot of the Weld County Kersey Satellite Facility located at 23636 CR 54, Kersey, Colorado and the other at the Weld County New Raymer satellite Facility located at 500 CR 129, New Raymer Colorado. The contractor shall provide the ability to pump liquids at least 250 gallons per minute (GPM) from a truck into the storage tank and from the storage tank to a truck. The storage tanks shall be delivered and made ready for use by the contractor within 20 days of notice to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract. The county will provide an accessible and reasonably level area for the setting of the tanks. Payment will be made under: Pay Item Storage Tank Pay Unit Monthly Sure REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Section 209.01 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION This work consists of the delivery of liquid dust palliatives, commonly referred to as an 70/30 blend (70% mag chloride 30% lignin sulfate), into bulk storage tanks. The bulk storage tanks in the amount of 20,000 gallons are located at 1113 H Street, and the Contractor will provide three other 20,000 gallons of storage. The liquid dust palliatives shall be delivered on a daily basis as needed. Subsection 209.02, 491 paragraph, delete 1St sentence and replace it with the following: The dust palliative shall consist of a magnesium chloride base agent, water, lignin sulfate, and other enhancing or nondetrimental ions. In subsection 209.02, delete the chart of Chemical Constituents and replace with the following: Chemical Constituents_ Percent by mass (weight) Magnesium Chloride 2-24 Lignin Sulfate or Equivalent of Complex Sugars 6.5-8.5 Enhancing or Nondetrimental Ions Water BID REQUEST #B1900073 0-5 60-75 Page 20 GUIDE FOR MATERIALS SAMPLING AND TESTING. TEST METHODS 1. Percent Concentration of Active Ingredient in the Liquid Test Method: Atomic Absorption or Inductively Coupled Plasma Spectrophotometry as described in "Standard Methods for the Examination of Water and Waste VVater", AP IA-AWWA-WPCF is acceptable. Test Method "A" in Appendix "A" is used to determine percent concentration of Calcium Chloride or Magnesium Chloride by Atomic Absorption. The operator should be aware that the high solids content of the samples can present special considerations when conducting the analysis. 2e Weight per Gallon Test Method: Specific Gravity by ASTM D 1429 Test Method A - Pycnometer at 20 C +/- 1 C. BID REQUEST #B1900073 OnttiStati*S*210.2.knwroprA kSc:i*saicANxwu3^Mavl#iei•5`T.a'in�.�Fe�:'dr,K4Aa.Sfir-nwxi Page 21 ft MEMORANDUM TO: Board of Commissioners DATE: April 12, 2019 FROM: Jay McDonald, Public Works Director Curtis Flail, Public Works Deputy Director SUBJECT: Dust Palliative Supply for 2019 (BID REQUEST NO. B1900073) Weld County Public Works Department is recommending that the Board of County Commissioners accept the overall low bid from GMCO Corporation, for 70/30 Mag-Chloride for the Dust Palliative Supply for 2019 at a cost of $0.689 per gallon to be supplied at all three locations for the 1,560,000 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations. The Public Works Department also recommends that the Board of County Commissioner accept the bid from GMCO for (2) 20,000 gallon portable storage tanks at Kersey and ( I) 20,000 gallon portable storage tank at New Raymer at No Charge. The cost for the 1,560,000 gallons delivered to the county tanks and the supplied portable tanks from GMCO is $1,074,840.00. The total budget for the 2019 dust palliative supply is $1,757,400. This recommendation is for 70% of the total of 2,260,000 gallons of dust palliative totaling $1,074,840. The sole source products of Durablend and Basebind from Envirotech for dust palliative was approved by the Board of County Commissioners on April 8, 2019 and was for 30% of the total budget equaling $644,000 for a total budget of $1,718,840. If you have any questions please call Jay at extension 3761 or Curtis at extension 3721. otoi r'- 4102-- E g- b d -na i WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverett@weldgov.com E-mail: cmpeters@weldgov.com Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: APRIL 8, 2019 REQUEST FOR: DUST PALLIATIVE SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1900073 PRESENT DATE: 4/10/19 APPROVAL DATE: 4/24/19 (ONE YEAR CONTRACT IS RENEWABLEFOR UP TO (2) ADDITIONAL YEARS) VENDORS LOCATION GALLONS ENVIROTECH SERVICES INC 910 54TH Avenue #230 Greeley CO 80634 GMCO CORPORATION P O Box 1480 Rifle CO 81650 DUST5280 LLC 43646 WCR 45 Ault CO 80610 Greeley 910,000 Kersey 350,000 New Raymer 300,000 Pickup Greeley 910,000 Kersey 350,000 New Raymer 300,000 Pickup Greeley 910,000 Kersey 350,000 New Raymer 300,000 Pickup LIQUID DUST PALLATIVES PER GALLON 0.687 0.687 0.725 0.645 $0.689 $0.689 $0.689 0.664 0.92 0.92 0.92 0.84 TANK CONTRACT PRICE STORAGE $ 625,170.00 $ 240,450.00 $ 217,500.00 $ 626,990.00 $ 241,150.00 $ 206,700.00 $ 837,200.00 $ 322,000.00 $ 276,000.00 NO CHG NO CHG NO CHG NO CHG NO CHG NO CHG 2019-1412 The project, in general consists of delivering 1,560,000 gallons Liquid Dust Palliatives to bulk tanks at our Greeley facility and providing three (3) 20,000 gallon bulk storage tanks (in Kersey & New Raymer) for use in providing dust mitigation on gravel roads within Weld County. PUBLIC WORKS WILL BE REVIEWING THE BIDS pp -71,0 Cheryl Hoffman Fr: S,,ntm To: Cc: Subject: Attach ntsa Bruce Barker Tuesday, April 23, 2019 5:06 PM Commissioners CTB; Jay McDonald; Curtis Hall; Mike Livengood; Rob Turf; Don Warden; Barb Connolly; Jennifer Oftelie 2019 Dust Palliative Supply Bid 20181036249.pdf; 20188027209.pdf Here is the Charter section: Section 14-9. - Bidding - Procedure. (3) The County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. See the attached. Includes the latest Periodic Report for GMCO Corporation, filed with the Colorado Secretary of State on 01/15/18, and the latest Periodic Report for Envirotech Services, Inc., filed with the SOS on 12/26/18. The principal office street address for GMCO Corporation is listed as 0228 Powerline Road, Rifle, Colorado 81650. Its principle office mailing address is P.O. Box 1480, Rifle, Colorado 81650. GMCO's letterhead on the letter submitted April 22, 2019, includes the address of 207 Rock Bridge Lane, Windsor, Colorado 80550. I looked to see if there have been any documents recorded at the Weld County Clerk and Recorder's Office with the name "GMCO Corporation" and I found none. The principal office street address and mailing address is for Envirotech Services, Inc., is listed as 910 54th Avenue, Suite 210, Greeley, Colorado 80634. It appears it may be affirmatively stated Envirotech Services, Inc., is a "resident Weld County bidder." For GMCO Corporation you may wish to ask when they acquired the Windsor address and what their recent history is doing business in Weld County. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify 1 sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 12/26/2018 01:40 PM ID Number: 19891001717 Document number: 20188027209 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Periodic Deport filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) ID number: Entity name: Jurisdiction under the law of which the entity was formed or registered: 19891001717 ENVIROTECH SERVICES, INC. Colorado 1. Principal office street address: 910 54th Avenue Suite 230 GREELEY 2. Principal office mailing address: (if different from above) (Street name and number) (City) (Province - if applicable) CO 80634 (State) (Postal/Zip Code) United States (Country - rf not US) (Street name and number or Post Office Box information) (City) (Province - if applicable) 3. Registered agent name: (if an individual) or (if a business organization) (State) (Postal/Zip Code) (Country - if not US) (Last) (First) Corporation Service Company (Middle) (Suffix) 4. The person identified above as registered agent has consented to being so appointed. 5. Registered agent street address: 6. Registered agent mailing address: (if different from above) REPORT 1900 W. Littleton Boulevard (Street name and number) Littleton (City) CO (State) 80120 (Postal/Zip Code) (Street name and number or Post Office Box information) (City) (Province - if applicable) (State) (Postal/Zip Code) (Country - if not US) Page 1 of 2 Rev. 12/01/2012 Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Whyrick Kevin (Last) 910 54th Avenue (First) (Middle) (Suffix) Suite 230 (Street name and number or Post Office Box information) GREELEY CO 80634 (City) (State) (Postal/Zip Code) United States (Province - if applicable) (Country - if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev. 12/01/2012 Document must be filed electronically. Paper documents are not accepted. Fees &. forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 01/15/2018 09:53 AM ID Number: 201116463 67 Document number: 2018103 6249 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Periodic Deport filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) ID number: Entity name: Jurisdiction under the law of which the entity was formed or registered: Colorado 20111646367 GMCO Corporation 1. Principal office street address: 0228 Powerline Road 2. Principal office mailing address: (if different from above) (Street name and number) Rifle (City) (Province - if applicable) PO Box 1480 CO 81650 (State) (Postal/Zip Code) United States (Country - if not US) (Street name and number or Post Office Box information) Rifle (City) (Province - if applicable) 3. Registered agent name: (if an individual) Henderson or (if a business organization) CO 81650 (State) (Postal/Zip Code) United States (Country - if not US) Jeremy D (Last) (First) (Middle) (Suffix) 4. The person identified above as registered agent has consented to being so appointed. 5. Registered agent street address: 228 Powerline Road 6. Registered agent mailing address: (if different from above) REPORT (Street name and number) Rifle CO 81650 (City) (State) (Postal/Zip Code) P.O. Box 1480 (Street name and number or Post Office Box information) Rifle (City) CO 81650 (State) (Postal/Zip Code) United States (Province - if applicable) (Country - if not US) Page 1 of 2 Rev. 12/01/2012 Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: H usseman n Susan E (Last) (First) P.O. Box 1480 (Middle) (Suffix) (Street name and number or Post Office Box information) Rifle CO 81650 (City) (State) (Postal/Zip Code) United States (Province - if applicable) (Counhy - if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box and include an attachment stating the name and address of such individuals.) D1Sclai ner: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev. 12/01/2012 Hello