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Home My WebLink About20191355.tiffaOn+rac-i- it-c-15(01 t BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2021 Dust Palliative Supply - Envirotech, 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. During the bid process we discovered that Envirotech holds an active patent on both DuraBlend and BaseBind products making Envirotech Services Inc. a Sole Source vender for these two needed products for Weld Counties Dust Mitigation and Road Stabilization program. Envirotech's contract is for up to 563,000 gallons of DuraBlend and up to 100,000 gallons of BaseBind to be picked up at their facility. 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 permitted 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. Envirotech did not asked for a cost increase for Durablend and Basebind, both products that they supply to Weld County, for this contract year. Envirotech Services Inc. will provide Weld County up to 563,000 gallons of DuraBlelnd at $0.94/gallon for a total contract price of $529.220.00. They will also provide up to 100,000 gallons of BaseBind at $0.94/gallon for a total contract price of $94,000.00. Weld County will pick both products up at the Envirotech Services plant in Evans. The total amount projected for the Dust Palliative supplied by Envirotech is $623,220.00. The total amount projected for the Dust Palliative supplied by GMCO is $1,021,135.50 equaling a total for 2021 of $1,644,355.50 The budgeted amount for the 2021 contract year is $1,655,450.00 Public Works has been satisfied with Envirotech's service and products and would like to continue to use both of their products in the Dust Mitigation and Road Stabilization program this contract year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): I) The Board may agree to extend/renew the contract for Envirotech as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the Envirotech contract for one year as provided by the contract. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -Term Steve Moreno, Chair Lori Seine pc: Jay McDonald, Director, Public Works Curtis Hall, Deputy Director, Public Works O_J29r1Tse-X1+ A 03/1-7/1 Schedule Work Session Other/Comments 00 10( q - 355 E,GoO"1Co CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF GRAVEL ROAD MGMT. DIVISION AND ENVIROTECH SERVICES INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 1%_'day of Maicb1021, 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 Envirotech Services Inc., 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. 2019-1355 approved on May 13, 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 1, 2021 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 2020 Quantity for RoadSaver Durablend of 600,000 gallons has been changed to 563,000 gallons for the 2021 contract and the BaseBind Quantity of 100,000 gallons will stay the same for the 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 price for RoadSaver Durablend of $0.94 per gallon will remain the same during the 2021 Contract Extension Renewal. The 2020 contract price for BaseBind of $0.94 per gallon will also remain the same during the 2021 Contract Extension Renewal. The 2021 total contract amount not to exceed $623,220.00. 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: Tim PiKe Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MAR 1 7 2021 .410"%n1 029/ 1- �3 �� Here you go: BID SCHEDULE 2021 Dust Palliative Supply, Item* kern Location quantity Unk Price per Unit Contract Price 209.08 BaseBind - M Pickup 100,000 Gallons y4 •O'' '.f', MO c 209.08 RoadSaver Durablend Pickup 563,000 Gallons �6, 6.91 _ a,, .1 Z 9 zzo " Tim Pike — Rocky Mountain Regional Manager 6850 47th Avenue Evans, CO 80645 O: (970) 395-7711 C: (970) 397-5235 E: tpike@envirotechservices.com TRAVELERS CONTINUATION CERTIFICATE FIDELITY OR SURETY BONDS/POLICIES Travelers Casualty and Surety Company of America Hartford, CT 06183 License No. In consideration of $5,922.00 dollars renewal premium, the tern of Bond/Policy No. 107027963 amount of $658,000.00 , issued on behalf of ENVIROTECH SERVICES, INC. whose address is 910 54TH AVE. SUITE #230 GREELEY, CO 80634 in the in favor of WELD COUNTY whose address is 1150 "O" STREET GREELEY, CO 80631 in connection with Supply Contract -Renewable is hereby extended to December 31, 2021 s subject to all covenants and conditions of said bond/policy. This certificate is designed to extend only the term of the bond/policy. It does not increase the amount which may be payable thereunder. The aggregate liability of the Company under the said bond/policy together with this certificate shall be exactly the same as, and no greater than it would have been, if the said bond/policy had originally been written to expire on the date to which it is now being extended. Signed, sealed and dated F -58-M (2/95) February 22, 2021 By: Travelers Casualty and Surety Company of America Robert L. Raney, Senior Vice President ACOUR® CERTIFICATE OF LIABILITY INSURANCE kr....►-' DATE(MM/DDIYYYY) 04/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Dana Stewart, CIC, CISR NAME: PHONE (970) 266-7149 I FAX (970) 508-8845 tAfC. No. Exth (A/C, No): Aot)R- DStewart@floodpeterson.com INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Navigators Insurance Company 42307 INSURED Envirotech Services, Inc, 910 54th Avenue, Suite 230 Greeley CO 80634 INSURER B : Berkshire Hathaway Homestate Companies 20044 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: GL/AU/WC/XS x2/2021 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 VVITH 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 L IRR TYPE OF INSURANCE A p IN WVD POUCY NUMBER POUCY EFF (MM/DDIYYYr1 POLICY (MMIDO/YTTYYY) LIMITS A X COMMERCIAL GENERAL UABIUTY MP20NP37092811C 04/15/2020 04/15/2021 EACH OCCURRENCE $ 1,000,000 I CLAIMS -MADE X OCCUR DAMAGETO RENTED PREMISES tEa occurrence) 500,000 $ MED EXP (Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGAAT POLICY OTHER: /�/E LIMIT APPLIES JEC PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Stop Gap Coverage $ Included A AUTOMOBILE X X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY �/ 4"-% SCHEDULED AUTOS NON -OWNED AUTOS ONLY CHIIBAP01735609 04/15/2020 04/15/2021 COmOINEO NGLEUMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) a a A X UMBRELLA LIAR EXCESS LIAB X OCCUR .CLAIMS -MADE MP20NP37092811C 04/15/2020 04/15/2021 EACH OCCURRENCE $ 15,000,000 AGGREGATE a 15,000,000 DEO I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yea, describe under DESCRIPTION OF OPERATIONS Wow YIN Y N IA ENVVC113527 02/01/2020 02/01/2021 vl PER I I C"- 0".1 STATUTE ER E.L EACH ACCIDENT $ 1,000,000 E . DISEASE- EA EMPLOYEE $ 1,000,000 EL DISEASE - POUCY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project #B1600045, Dust Palliatives Supply Certificate holder is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. VVaiver of subrogation applies. 30 Days notice of cancellation will be given to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION Weld County Public VVorks 1111 H Street PO Box 758 Greeley 1 CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2018/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Farm New Contract Request Entity Information Entity Naive* ENVIROTECH SERVICES INC. Contract Name DUST PALLIATIVE SUPPLY 2021 Contract Status CTB REVIEW' Entity ID* ^00001622 Contract Description* ENVIROTECH SERVICESM SECOND EXTENSION 'RENEWAL OF POSSIBLE 2 YEAR Contract Description 2 SOLE SOURCE Contract Type CONTRACT Amount* 1;623,220.00 Renewable* NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- PublicWorksgweldgov.corr Department Head Email CM-PublicWorks- DeptHeadWvveldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATEgCO. WELD.CO.US If this is a renewal enter previous Contract ID 3462 If this is part of a MSA enter MSA Contract ID New Entity? Contract ID 4541 Contract Lead* MUVENGOOD Contract Lead Email MLiverigoociPco.weld.co.us Requested BOCC Agenda Date* 03{15/2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 03,11,2021 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 Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information COllfact lit Contact Name Purchasing Review Date* 1 1 29x2021 Committed Delivery Bate Renewal Date Expiration Date* 12;3112021 Contact Type Contact Email Contact Phone 11 Corttact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03 12,,2021' ?G owed BOCC Signed Date BOCC Agenda ©ate 03/17/2021 Originator MLIVENCOOO€7 Finance Approver CONSENT finance Approved 03,==` 12:2021 03/12/2021 Tyler Ref AC 031721 Legal Counsel CONSENT Legal Counsel Approved Date 03;12;2021 Cerdliocz.4" .914a, BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2020 Dust Palliative Supply - Envirotech, 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. During the bid process last year we discovered that Envirotech holds an active patent on both DuraBlend and BaseBind products making Envirotech Services Inc. a Sole Source vender for these two needed products for Weld Counties Dust Mitigation and Road Stabilization program. Envirotech's contract is for up to 600,000 gallons of DuraBlend and up to 100,000 gallons of BaseBind to be picked up at their facility. 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. Envirotech has asked for a cost increase for Durablend and BaseBind, both products that they supply to Weld County. The increase requested for both products is within the allowable amount for the yearly bid adjustment per the contract. Envirotech Services Inc. will provide Weld County up to 600,000 gallons of DuraBlelnd at $0.94/gallon for a total contract price of $564,000.00. They will also provide up to 100,000 gallons of BaseBind at $0.94/gallon for a total contract price of $94,000.00. Weld County will pick both products up at the Envirotech Services plant in Evans. The total amount projected for the Dust Palliative supplied by Envirotech is $658,000.00. The total amount projected for the Dust Palliative supplied by GMCO is $1,081,080.00 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 Envirotech's service and products and would like to continue to use both of their products in the Dust Mitigation and Road Stabilization program this contract year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) The Board may agree to extend/renew the contract for Envirotech as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the Envirotech contract for one year as provided by the contract. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno — Pro-Tem pc: -Jay rJtFector, Public Works / "' Curtis Hall, Deputy Director, Public Works CriphSe.,41- 03/A,3 cam: Schedule Work Session 67.1,6 -4a -e ) 3-02 3 -020 Other/Comments: �l67-/365 EGOO?6 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF GRAVEL ROAD MGMT. DIVISION AND ENVIROTECH SERVICES INC. 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 Envirotech Services Inc., 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. 2019-1355 approved on May 13, 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 31,201 9, • The parties agree to extend the Original Agreement for an additional 365 day period, which will begin January 1, 2020 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 Bid Schedule. 3. Change to the Contract Price: The 2020 contract price for RoadSaver Durablend of $0.92 per gallon is now modified to $0.94 per gallon during the 2020 Contract Extension Renewal. The 2019 contract price for BaseBind of $0.92 per gallon is now modified to $0.94 per gallon during the 2020 Contract Extension Renewal. The 2020 total contract amount not to exceed $658,000.00 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: Printed Name BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair ATTEST - BY 03/023/c2a,20 2020 BID SCHEDULE affeut ITEM LOCATION oiiRtin Y y_ka pRICE PER CONTRACT PRICK WU 200.08 BaneInd -M Plokup 100,000 Gallons 74(.0 10 , (�` _ /ODD 06 ! zao.oe RoadSaver duraDlond Pickup eoo,000 Gallons Gallons/ f 7, / J //// ii GG 0 .��i�OO� Z -,-lore) RIDER #1 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 To be attached to and form a part of: Bond No. 107027963 Type of Bond: Supply Contract Bond Executed by Envirotech Services, Inc., as Principal, and by Travelers Casualty and Surety Company of America , as Surety, in favor of Weld County and dated April 26, 2019. In consideration of the premium charged for the attached bond, it is hereby agreed to change: Bond Limit for the Supply Contract Bond (Bond #107027963) between Envirotech Services, Inc. and Weld County shall be increased as follows: From: Six Hundred Forty -Four Thousand and no/100ths Dollars ($644,000.00) To: Six Hundred Fifty -Eight Thousand and no/100ths Dollars ($658,000.00) This rider is effective April 26, 2019. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. Signed this 25th day of February, 2020. Envirotech Services, Inc. By: (Principal) Travelers Casualand Surety Company of America K'Anne _ ogel, Attorney -in -Fact "Rider Accepted By: Weld County By: CS -1049 (10/05) TRAVELERerk Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint K'Anne E. Vogel, of Greeley, Colorado, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 2sth day of February 2020 I41/e Kevin E. Hughes, Ass tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Pact and the details of the bond to which the power is attached. Contract Form New Contract Request Entity Information Entity Name* ENVIROTECH SERVICES INC. Contract Name* DUST PALLIATIVE SUPPLY Contract Status CTB REVIEW Entity ID* @00001622 ❑ New Entity? Contract ID 3462 Contract Lead* MLIVENGOOD Contract Lead Email MLivengood@co.weld.co us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* DUST PALLIATIVE SUPPLY - SOLE SOURCE FIRST YEAR RENEWAL OF A POSSIBLE 2 YEAR RENEWAL Contract Description 2 Contract Type* CONTRACT Amount $658,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email C M- PublicWorks@weldgov com Department Head Email CM-PublicWorks- DeptHead@weldgov.com Caunty Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD CO US Requested BOCC Agenda Date* D3/18/2020 Due Date 03/14/7020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services ,agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 11/30/2020 011012021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03/16/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/23/2020 Originator MLIVENGOOD Finance Approver CONSENT Purchasing Approved Date 03/16/202© Finance Approved Date 03/16/2020 Tyler Ref It AG 032320 Legal Counsel CONSENT Legal Counsel Approved Date 03/16/2020 Submit MEMORANDUM TO: Commissioners FROM: Barb Connolly DATE: March 25, 2019 SUBJECT: Dust Palliative When the bid for dust palliative was presented there were 3 different products that Public Works was wanting to bid. Because the bid did not specify that we rejected the bid to go back out for the correct products needed. In doing this we have found out that EnviroTech does hold an active patent on the 2 additional products. With this information we would Nke to consider this a sole source vendor and purchase the needed products. I would not recommend a work session, but allow the staff to move forward. Yes, sole source Work Session Scott James Steve Moreno ` Barb Kirkmeyer Mike Freeman m Sean Conway cam: �ex'4e /GP 60L0� ,5-43- /9 020/q-/.55 &o0 7& Delivered F B Destination no n/a SERVICES, INC 910 54th Ave., Suite 230 Greeley, CO 80634 Order Line 800-577-5346 x 5 Fax 970-346-3959 TO s Sales Person Tim Pile 970-395-7711 or 970-397-5235 cell t ieenvirotechservices,com DATE 3/28/2019 Mike Livengood Ship Address: Supervisor - Grave Road Management Phone: (970) 381-1035 Fax: New Customer 11 _ ,. 100,000 600,000 .,....41...x. -...a10 yes gallons gallons Weld County Customer Pickup - Evans Facility Contact: Mike Livengo®d Email for Confirmation: mlivengood@weldgov.com Desired Delivery [date Dust Control 2019 EnviroTech Water izatEntememayaragoitopliplrinAr DESCRIPTION BaseBrnd -M RoadSaver d urablendrm Customer_ V1/.ater n/a Enviro`1'ech elfteaa Plant Site no LINE TOTAL 0,92 $ 92,000,00 0.92 $ 552, 000.00 Subtotal $ 644,000,00 TOTAL $ 6-44,000.00 Tax exempt certificate # 48-03551 Notes/Special Requirements (i.e. special fittings, longer hoses, etc.) Disclaimer: No warranty is conveyed concerning this product, be it expressed or implied. This includes but is not limited to a warranty of merchantability or fitness for a PEOPLE HELPING PEOPLE IMPROVE THEIR ENVIRONMENT WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & ENV1ROTECH SERVICES INC. TIIIS AGREEMENT is made and entered into this 22nd day of April, 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Envirotech Services, inc., [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is 910 54th Ave., Suite 230, Greeley Colorado 80634, hereinafter referred to as "Contractor". WHEREAS, Envirotech Services will provide for pickup up to 100,000 gallons of BaseBind — M and up to 600,000 gallons of RoadSaver Durablend Dust Palliative products to Weld County for use on county gravel roads for dust suppressant and road stabilization. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits "1" and "2", each of which forms an integral part of this Agreement. Exhibits "1 "and "2" are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this .Agreement, including specifically Exhibits 1" and "2", define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit "1" contains some of County's Request for Bid (RFB) as set forth in "Bid Package No. B1900026". This bid was then determined to go sole source for the products in Exhibit "2" Exhibit "1" contains all of the specific requirements of County. Exhibit "2" consists of Contractor's Response to County's Request for sole source. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit "1" which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits "1" and "2". Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be oto i? -735C is ,4AOllegPV7811.0altagetr f41:k ;1344VNM{L1p "yi responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits "1" and "2" within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be deli vered to the location(s) specified herein. 3. Term,. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in exhibits "1" and "G2" Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the epartment of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 48 Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this A.greernent may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. if this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sung of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the Count a in writing y roves pp g which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and . facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "D AFT- III Co MP L _ EI;TE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed andlor materials described herein property delivered. 5m Extension or Moth& lion. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no by claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of material. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the material specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully produced material of the type proposed to be furnished in at least three (3) instances and the performance of such material has been satisfactory. Manufacturers having been engaged in the business of manufacturing said material for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific material mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's material of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any material to be purchased shall be the manufacturer's latest material of production. Said material shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $644,000.00, which is the bid set forth in Exhibit "2". Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit "2". Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts perfouned pursuant to this Agreement.. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party.. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit "1" provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in 4 t, .a such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shallsubmit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents. representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. 8f Page Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out 9 LI e of the activities performed by, or on behalf of the Contractor, including completed operations99 Minimum Limits: Per Doss $ 190009000 r 19000,000 Aggregate 170 Non-Assiwnr e t. Contractor may .not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. Igo Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority,all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Supervisor of the Gravel Road Management Department of Public works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deerned delivered ender the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. 10 ;P a0 Notification Information: Contractor: Envirotech Services, Inc. Attn.: Tim Pike Address: 910 54th Ave., Suite 230, Greeley, C} 80634 E-mail: tpike@envirotechservices.com Office: 970-395-7711 Cell: 970-397-5235 County: Name: Mike Livengood Position: Supervisor, Gravel Road Mgmt. Division of Public Works Address: 1111 H street, Greeley, CO 80632 E-mail: mlivengood@weldgov.com Phone: 970-400-3575 Cell: 970-381-1035 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor- nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 260 Severabilityo If any terns 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 their capable of execution within the original intent of the parties. 2?0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. DL No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, 9 shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29e Board of County Commissioners of weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the weld County District Court shall have exclusive jurisdiction to resolve said dispute, 32. A.ttor evs Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 330 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits "1" and "2", is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. .12 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 24th day of April, 2019. CONTRACTOR: ..,Cototttd.,(4_,51viArcs „Air B}t- Name: Title:Ac. / AMA 1 Owl.) Date WELD COUNTY: ATTEST: Weld Co BY: .drllLetJ G Jelg.,'„k BOARD OF COUNTY COMMISSIONERS CI; k to the Bo. r ELD. OUNTY, COLORAD Deputy Cler Barbara Kirkme > , Chair mm 13 2019 13Ii':��: o?o/ 9-/3 i'5" ENER CONDITIONS ANp SCOPE: 1. Weld County will not supply any material for this project. 2. The products will be picked up at the vendors production facility. 3. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per minute (GPM) from the storage tank to a truck. 4 The contractor will follow all rules and regulation stipulated for any permits) pertaining to the vendor's site. Project time will be from April 2019 through March 2020. The vendor shall provide a Supply Bond to the County as arranged by the parties. The vendor shall provide a certificate of insurance to the County as arranged by the parties. Certified liquid meters are required. Payment shall be made according to the bid prices per gallon times the gallons of material supplied as determined by the metered gallons picked up. 10_ weld County Public works personnel normal y work Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to Saturday and/or Sunday. The vendor is required to accommodate these situations as necessary for the unit price shown in Exhibit "2" 11, Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the vendor is not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. fr 12. Weld County reserves the right to utilize county personnel and equipment to load materials at the vendors facility at any time if, in the opinion of the Public Works Director, the vendors are not diligently attempting to load materials to efficiently supply county operations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 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. 14� .1 Weld County kdontacts: Question related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Weld County Public Works (970) 400-3734 Jholbrook@weldgov.com Mike Livengood — Gravel Road Mgmt. Supervisor Weld County Public Works (970) 400-3757 mlive.ngood(d),weldgov.corn TERMS AND CONDITIONS: Curtis Hall — Deputy Director VVeld County Public Works (970) 400-3721 challweldgov.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 dust be consistent with regional trends. Weld County will use the ENR 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 bid out for similar or like product if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. l5 Iii r7 , ,,,x�r r xone ., a ..w � x v , r y y x, ' u� . N rd 1 . z , I !�W IIN!.,.... H., C.xM ..,.,.. _., ..�,....n,.�$6��!i. vPeJY� ir�en !nt �. uF...q.. tn° .. A.A 0:, .,c �,.r . � �> ::.! e ,,. y,.... ,.�.,.: ,...� .� � !. !„y, �.v,.!..!F ... ..,. „,. e , .. v, .. . ..,.,i . ,.. w,��I M . ,.. , . , .may x��i4iaf��-n �,Urt�`�.d�Na�n'"!F°aMY:ad �Y( ��,^';�Y�'�'�%n�/�'k�Wn��.ra14!dQ�:��e:�'.1�5%5QYf.,wC4'MiFw4^��il�ivtYY!BFYA�`.':FtlYc„rA'E.��:(6'MnW.�°�re�ie. e�V6:�nVtYk%Gu^)wSirn:J�'.x,a��,:'�:'.:':v`w.°4AaF1°a.�.'TS'LA(�tiL°eYMY6.Ytt!v x'��.�iki��° vl !Wx+eSsWr!a'' '+sssu��.e' 's Band #107027963 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Envirotech Serviess, line. as Principal, (hereinafter p ' called the Suppf ier), 910 54th Avenue, Suite 230; Greeley, CO 80634 (here insert full name and address or legal title of Supplier) Travelers Casualty and Surety Company of America and One Tower- ware; Hartford, CT 06183 � 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, ehereinafter called the Buyer), uyer), in the just and full sung of . Sianthadarty-Four Thousand, and no/100ths Dollars ($644,000,00) (here insert full name and address or legal title of the Buyer) fog• 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 19 to furnish the following briefs described lies: ** y contract is hereby referred to and made Y supplies: which de a part hereof as fuller and to the same extent as if copied at length herein, NOIAL THEREFORE, THE CONDITION of THIS OBLIGATION is such that, the said Supplier and Buret shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure Y Y g 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 an reasonable Y� e anc4 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 16th day of. April Envirotech ery eps Inc. b fAaV't.� (Principal) (Seal) F r r (Title) 2019 .. 44. szsa (Witness) Travelers Casualty and Surety Company of America (Surety) (f A lltjtAttach \ aiid Corporate Power of ney Form ,y I etIZY> .l *1150 "0" Street; Greelf..- , C'� � $0631 **BaseBind-M and RoadSaver Durabtend Dust Palliative 16 SFC;TiON f ANTI -COLLUSION AFFIDAVIT I hereby attest that I am the person responsible within my firm for the final deeosion as to the prtee(s) and amount of Ihis bud or, it not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm I funkier attest that. '1 The pricers) and amount of !.his hid have been arrived at independently, without consultation, cumrnunication or agreement fnr the ;iurpose or mill the effect of reslncting compel:tion with any other firm or person who is a bidder or potential prime bidder. 2A. Neitner the pncersl nor the amount of this bid nave been disclosed to any other firm or person who is a bidder or potential prime bidder on the project. and will not be so disclosed prior to bid opening_ 28. Neither the pnres nor the arnr>11nt of the bid of any other firm or person who rs a bidder or poterbal prime bidder on this project have been disclosed to me or my fan_ 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 Nu agreement has been promised or solicited for any other firm or person who is a bidder or potential prima bidder on this project to submit art intentionally high, noncompetitive or other (oral of complementary bid On that projecl. 4 The bid of my firm rs made rot 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, nnnCnm- petitive or other form of complementary hid 5 My firm has nut offered or entered into a subcontract or agreement regarding the purchase or sale of materials or serrtrro. from any firm or person, Of offered, promised or paid cash or anything of value to any Wei or person, whether on connection with ties ar arty other protect, in consideration for an agreement or promise by any film or person to refrain from bidding or to submit any intentionalty high, noncompetitive Or what torn of complementary bin or agreeing or promising to do so on Ihis project, h. My firm has not accepted or been promise(' arty subcontract or agreement regarding the sale of matenals 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 pmaiect, ut 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 t Piave made a diligent inquiry of :all members, officers, employees, and agents of fry 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 ho or she has not participated itr any communication. ronsultis an. discussion, agreement collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. understand and my firm understands !hat any misstatement in this affidavit is and shalt be treated as ,a fraudulent coeceelment from the Colorado Deprtnds:in' of Transportation, of the true facts relating to submission of bids for this cnrltr aCt I DECLARE UNDER PENALTY OE PERJURY IN THE SECOND DEGREE. AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE CAN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF I'Vre KNOWLEDGE • I -MN/ r ✓rw r''y�:L s urn to before me this day of, NOTE: This document roust be signed in ink. REVISIO, 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 VVorks Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Mike Livengood, Gravel Road IVIgmt., Supervisor Project Manager: Curtis Mall, Deputy Director Project Inspector: .bosh Holbrook, Construction Inspection, Supervisor REVISION OF SECTION 106 SAMPLES, TESTS, CITED SPECIFICATIONS Section 105 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. 18,1 t7 e t _M REVISION OF SECTION 106 CONTROL OF MATERIAL Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. GUIDE FOR MATERIALS SAMPLING AND TESTING. TEST METHODS 1. Percent Concentration of Active Ingredient in the Liquid Test Method: Atomic Absorption or Inductively Coupled Plasma Spectrophotometry as described in "Standard Methods for the Examination of Water and Waste Water", APHA- AWWA-WPCF is acceptable. Test Method "A" in Appendix "A" is used to determine percent concentration of Calcium Chloride or Magnesium Chloride by Atomic Absorption. The operator should be aware that the high solids content of the samples can present special considerations when conducting the analysis. 2. Weight per Gallon Test Method: Specific Gravity by ASTM D 1429 Test Method A - Pycnometer at 20 C +/- 1 C. EXHIBIT "2" AWAYMYAWAIMWS4NO*hIMAWAteWffint;AhviimVA 910 54th Ave., Suite 230 Greeley, CO 80634 Order Line 800-577-5346 x 5 Fax 970-346-3959 TO: SALESUOTE Sales Person Tim Pike 970-395-7711 or 970-397-5235 cell 1pike c@envlrgtechservices.com DATE 3/28/2019 Mike Livengood Ship Address: Supervisor - Grave Road Management Phone: (970) 381-1035 Fax: New Customer Wetd County Customer Pickup - Evans Facility Contact: Mike Livengood Email for Confirmation: rriiivengood weid ov.corn Desired Delivery Date Dust Control 2019 Credit1Pre-Pay FOB Origin credit yes De vere 9 Destination no VPAVONMANWOMIIIDWIINAISMISIMOWIYMINtalff _ EnviroTech Water Customer Water n/a EnvlroTech Apply Product Plant Site nla no COEVA - ..,......_..- QTY Unit rn UNIT PRICE LINE TOTAL DESCRIPTION i4Q,000 o ailns .... � ,� BaseRind -M $ 0. 92 2 $ 9.,000.00 .. �. . d 600,000 gallons RoadSaver durablend" $ 0.92 $ 552,000.00 ... 11.lW.iM.wi..wv. ...._ .' -I— i... rwxn+w..a.-w �r,�nn.a� ,.,.,,�.. ■esww.wrw�mwnnw. wwwr•w.,.. ., p . ,.i. ... .; .., Subtotal S 644,000.00 S 644, 000.00 TOTAL Tax exempt certificate # 98-03551 Notes/Special Requirements (i.e. special fittings, longer hoses, etc.) Dixlaimer rb warranty is conveyed concerning this product, be it expreszd or implied_ This xxludes but is not limited 5o a warranty of merchantabdtty or fftrress for a PEOPLE HELPING PEOPLE IMPROVE THEIR ENVIRONMENT 20 TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Compantes do hereby snake. constitute and appoint K'Anne EM Vogel, of Greeley. Colorado. their tree and lawful AttorneyereFact to sign, execute, weal and acknowledge any and ail bonds, recognizant e, conditional undertakings and other writings obligatory in the feature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss By of 2 Robert L Raney, Se alder Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such. being authorized so to do, executed the foregoing instrument far the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 oALizs C tArmscuilis _ Marie C Tetreault, Notary Public This. Power 01 Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full three and effect. reacting as follows: RESOLVED, that the Chairman: the President. any Vice Chairman, any Executive Vice President. ar7y Senior Vice Prestdent, any Vic€; President, any Second Vice president the treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on half of the Company and may gave such appointee such authority as his or tier certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizances- contracts of indemnity, arld other writings obli+galosy in the nature of a nand. recognizance se conditional undertaking, and any of said officers or the Board of Directors at any rime may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or rnorr officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertakingshall be valid acid binding upon the Company when (al signed by the President, any Vice C_.harrntan, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasure( arty Assistant treasurer, the Corporate Secretary fir any Assistant Secretary and daily attested and sealed with the Company's seat by a Secretary or Assistant .Secretary. o (b) dilly executed (under seal, if required) by one. to more Attorneys -in -tiara and Agents pursuant to the power prescribed in his or ner certificate or their certificates of authority or by one or Marc: company officer;; pursuant to a written delegation of authority and it is FURTHER RESOLVED that the signature of etch of the tottowrng officers President. any Ei<ecutive .,dice President, any Senior Vice President ally Vice President. any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may ue affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents_ Resident Assistant Secretaries or Attorneys -in -Fact for purposes onty of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shalt be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company. and St. Paul Fire and Marine insurance Company do hereby cernly that the above and foregoing is a true and correct copy or the Power of \itorne?y executed by said Companies which remains in full force 2110 effect Dated this 26th day of 1 t ataiticef40. it cre `� ep y �__ e April 2019 1 e" -an ___..(k."44 ------ Kevin E. Hughes, Assi tent Secretary re verify the authenticity of this Power of Attorney,please call us at 1-SO0-421-388 3. Please refer to the above -named Attori7ey-th-Fact and the details of the bond to which the power IS attached. ,.. MRAN TO: Commissioners FROM: Barb Connolly DATE: March 25, 2019 SUBJECT: Gust Palliative When the bid for dust palliative was presented there were 3 different products that Public works was wanting to bid. Because the bid did not specify that we rejected the bid to go back out for the correct products needed. In doing this we have found out that EnviroTech does hold an active patent on the 2 additional products. With this information we would like to consider this a sole source vendor and purchase the needed products. would not recommend a work session, but allow the staff to move forward. Yes, sole source Work Session Scott James Steve Moreno a Barb Ki rkmeyer r Mike Freeman Sean Conway 2019-1355 (iv5"7 GP IMF A_ w-� Si S SER j a.J'.ES: INC 910 54th Ave., Suite 230 Greeley, CO 80634 Order Line 800-577-5346 x 5 Fax 970-346-3959 T0: SALES UOTE �r .. i .:( �: ar ...vJ.St.X3h wc,?:%r J^S q4 .f.__ _ .. • a .5`-_ `—t,: ,�.. ... _ .-s'F_+ .� ?.'.7. it .....-i;;;.i., Y: .':•0:rxr.C ai Sales Person Tim Pike 970-395-7711 or 970-397-5235 cell tpike@envirotechservices.com DATE 3/28/2019 Mike Livengood Ship Address: Supervisor - Grave Road Management Phone: (970) 381-1035 Fax: New Customer Weld County Customer Pickup - Evans Facility Contact: Mike Livengood Email for Confirmation: mlivengood(a�weldgov.com Desired Delivery Date Dust Control 2019 Credit/Pre-Pay credit FOB Origin yes Delivered FOB Destination no EnviroTech Water Customer Water n/a n/a EnviroTech Plant Site I AD ply Product no COEVA .r1rin—w j :. ,� irantiarO -_ — F:rS.kNa•3"___."n...._-s...-.catc^z*nIl Sli.s.Y:aitelial"a.affi4x`J. J.. ;•u..� ....a .v. .. . -_.r �..:- ..... .. .. �,. .... .. - _.-. yy:.iap —.wv.• -wu .a:a rxm. r-Bt5aL•p •• eM•_••gt• a:t.S. .v...cw....vc QTY Unit DESCRIPTION UNIT PRICE LINE TOTAL 100,000 gallons BaseBind -M $ 0.92 $ 92,000.00 600,000 gallons RoadSaver durablendmi $ 0.92 : $ 552,000.00 kn 3 d Subtotal ma.nwso,. m$ $ 644,000.00 R‘.-- I TOTAL $ 644, 000.00 Tax exempt certificate # 9E-03551 Notes/Special Requirements (i.e. special fittings, longer hoses, etc.) Disclaimer: No warranty is conveyed concerning this product, be it expressed or implied. This includes but is not limited to a warranty of merchantability or fitness for a PEOPLE HELPING PEOPLE IMPROVE THEIR ENVIRONMENT Cheryl offman rtiO No Sent: ,4 Cc: Subject: Bruce Barker Tuesday, April 23, 2019 5:06 PM Commissioners CTB; Jay VcDonald; 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 v1gd County bidden in all cases where the bids are competitive in price and duality_ 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 81.650. 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 54t" 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 \/indsor 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 55' sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taping 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 Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R. S) ID number: Entity name: 19891001717 ENVIROTECH SERVICES, INC. Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 910 54th Avenue 2. Principal office mailing address: (if di flerent from above) 3. Registered agent name: (if an individual) or (if a business organization) (Street name and number) Suite 230 GREELEY (City) (Province - f applicable) CO 80634 (State) (Postal/Zip Code) United States (Country - if not US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province -- if applicable) (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: 1900 W. Littleton Boulevard 6. Registered agent mailing address: (if different from above) REPORT (Street name and number) Littleton CO 80120 (City) (State) (Postal/Zip Code) (Street name and number or Post Office Box information) (City) (State) (Province _. if applicable) (Country - if not US) (Postal/Zip Code) 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 ding, taken in confounity 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) (diddle) (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 name and address o f such individuals) s and include an attachment stating the Disclaimer: This fowl, 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 Millinlunl 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 & fonns 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 Dumber: 201116463 67 Document number: 2018103 6249 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Periodic Report 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. h incipal 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 (Last) or (if a business organization) CO 81650 (State) (Postal./Zip Code) United States (County)) - if not US) Jeremy D (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 (City) P.G. Box 1480 CO (State) 81650 (Postal/Zip Code) (Street name and number or Post Office Box information) Rifle (City) Co 8165+0 (State) (Postal/Zip Code) United States (Province - if applicable) (Cot{ntyy - if not US) Page 1 of 2 Rev. 1.2/01/2012 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. Names) and address(es) of the individual(s) causing the document to be delivered for filing: Hussemann 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 hue 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. 12/41/2012 7.1'47 ARTICLES OF INCORPORATION OF EnviroTech Services, Inc. 01-09-89 11:38 891001717 $22.00 KNOW ALL MEN BY THESE PRESENTS: That the undersigned inocrporator(s), being a natural person(s) of the full age of eighteen (18) years or more, and dPatring to form a corporate entity under the laws of the State of Calorado, hereby assign, verify, and deliver in duplicate to the Secretary of State, State of Colorado, these ARTICLES OF IICORPORATICN. ARTICLE I Corporate Name The name of the corporation shall be Envirdrech Services, Inc. ARTICLE II Registered Officer and Agent The registered office of the corporation Shall be 24330 Highway 34, City of Greeley, (bunty of Weld, State of Colorado, and the name of the initial registered agent at such address is Roger Kisc4,11. Either the registered office or registered agent may be changed in the manner provided by law. ARTICLE III Incorporators The name and address of each inoorporator is as follows: Name Address Roger KIoph 2406 27th Avenue Court Greeley, Colorado 80631 ARTICLE IV Capital Section 1. One Class of Stock: The aggregate number of shares which this corporation Shall have the authority to issue is 50,000 shares, each with $1.00. par value, which shares shall be dPcignated "COm<ion Stock". NO shares shall be issued until it has been paid for, and it shall thereafter be non - assessable. Section 2. Voting: Each Shareholder Shall have one vote for each Shame of stock standing in his/her/its name on the books of the corporation and entitled to vote, except that in the election of directors he/she/it shall have the right to vote such number of Shares for as many persons as there are directors to be elected. Cumulative voting shall be allowed in the election of directors or for any other purpose. COMPUTER UPDATu" COMPLETE 8j S Section 3. Qua= and Shareholders Meetings: At all meetings of the shareholders, 515k of the shares entitled to vote at such meeting, represented in person or in proxy, shall oorstitute a quorum. Section 4. No Pre-emptive Rights: No holder of any stock of the corporation shall be entitled, as a matter of right, to purchase, subscribe for or otherwise acquire any new or additional shares of stock of the corporation of any class, or any options or warrants to purchase, subscribe for or otherwise acquire any such new or additional shares, or any shares, bonds, notes, debentures or other securities convertible into or carrying options or warrants to purchase, subscribe for or otherwise acquire any such new or additional shares. ARTICLE V Distributions and Partial Liquidations The Board of Directors may from time to time distribute to the shareholders in partial liquidation out of stated capital or capital surplus of the corporation, a portion of its assets, in cash or property, as subject to the limitations contained in appropriate statutes of the State of Colorado contained within the "Colorado Corporation Cbde". ARTICLE VI Regulation of Internal Affairs Section 1. Board of Directors: The general business and affairs of the corporation shall be managed by a Board of Directors consisting of not less than three (3) members. Section 2. Bylaws: The Board of Directors shall have the power to make, alter, anted, or appeal the Bylaws, but any Bylaws so made may be altered, amended or appealed by the affirmative vote of two-thirds of the shareholders having voting rights at any annual or special meeting called for that purpose. Section 3. Conflict of Interest: No contract or other transaction between this Corporation and one or more of its Directors or any other 'Corporation, firm association, or entity in which one or more of its directors are directors or officers or are financially interested shall be either void or voidable solely because of such relationship or interest or solely because such directors are present at the meeting of the Board of Directors or a committee thereof which authorizes, approves, ratifies such contract or transaction or solely because their votes will be counted for such purpose if: a) The fact that such relationship or interest is disclosed or known to the Board of Directors or committee which authorizes, approves, or ratifies the contract or transaction by a vote or consent sufficient for the purpose without counting the votes or consents of such interested directors: b) The fact that such relationship or interest is disclosed or known to the Shareholders entitled to vote and they authorize, approve, or ratify such contract or such transaction by vote or written consent: c) The contract or transaction is fair and reasonable to the oorporation. (bmurn or interested directors may be coasted in determining the pace of a quorum at a meeting of the Board of Directors or committee thereof which authorizes, approves, or ratifies this oontract or transaction. Section 4. Officers: The officers of the Corporation shall consist of at least a President, a Secretary, and a Treasurer, and such other officers as may be appointed by the Board of Directors or presciibed in the Bylaws, and all such officers shall be elected by the Board of Directors at such time, and an the manner as prescribed by the Bylaws. Such officers and assistant officers and agents as are deemed necessary may be oortpensated for their services in the manner described in the Bylaws. Any two or more offices may be held by the same the peen, except the office of President and Secretary. All officers Corporation shall be natural persons over the age of eighteen years. ARTICLE VII Duration The period of the duration of the Corporation is perpetual. ARTICLE VIII Purposes and Powers Section 1. Purposes: The purpose for which this Corporation is organized and the nature of the business to be carried on by it are as follows: a) To engage in and transact all lawful business far which be incorporated under and as ��a n C �r specified in the "Colorado C'orpor'ation Code" and the applicable corporate laws of any jurisdiction in which this Corporation shall do business and specifically the treating by chemical application of roads for dust control; b) To act in the State of Colorado and any state, territory, district or ponnesAion of the United States, or in any foreign country in the capacity of agent, or rewebb„tative for any individual association, or legal entity, respecting any business; c) To do everything necessary, proper, advisable, or convenient for the aooamplishment of the purposes hereinabove set forth and to do all things incidental thereto. Section 2. Powers: Subject to any specific limitations by these Articles of Incorporation, the powers which the Corporation shall have are as follows: a) All those powers 5,au ified in the "Colorado Corporation Cbde"; b) The power to carry out the purpocco hereinabove set forth in any state, territory, district or Fosossion of the United States or in any foreign jurisdiction; and in the case of any jurisdiction In which one or more of such purposes are forbidden by law, to limit the purpose or purposes accordingly under which this Corporation proposes to carry on its business in such jurisdiction, so that such purpose or purposes are not forbidden by the law thereof. c) To the extent the provisions of the "Colorado Corporation Code" will not be applicable law in any such state, territory, district or pr+nsPPion of the United States, or any foreign country, the following specific powers are hereby adopted by way of example and not limit=ation: 1) To sue and be sued, to complain and defend, and to participate in administrative or other proceedings in the Corporate name; 2) To have a Corporate Seal which may be altered at pleasure and to use the sane by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. Said seal may consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the document requiring g the seal with indelible ink; 3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or any interest therein, wherever situated; 4) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any partof its property and aGPI-Pts; 5) To lend nnney to, to guarantee the obligations of, and to otherwise assist its augloyees (other than employees who are also directors of the Corporation) and, upon the affirmative vote of the holders of two- thirds of the outstanding shares of the oorporation which are entitled to vote for Directors, to lend money, to guarantee the obligations of, and to otherwise assist the Directors of the Corporation, or of any other corporation, the majority of whose voting capital stock is owned by the Corporation. But no such loans or guarantees shall be made by a corporation secured by its shares; 6) TO purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of and otherwise use and deal in and with shares of other interest in or obligations of other domestic or foreign corporations, aGwv-iations, partnerships, or individuals or direct or indirect obligations of the United States, or any other government, state, territory, go/en-mental district, or municipality, or of any insbam entality thereof; 7) To make contracts and guarantees and incur liabilities, borrow money at such a rate of interest as the Corporation may determine, issue its notes, bads and other obligations, and secure any other obligations by mortgage, or pledge all or any of its property, franchise, and incurs; 8) Tb lend money for its corporate purposes, to invest and reinvest its funds, and to take and hold real and personal property as security for the payment of funds so loaned or invested or as security for the obligations of others to it; 9) To conduct its business, carry on its operations, and have offices and exercise the powers granted by this document and the "Colorado Corporations Code" within or without. the State of Colorado; 10) To elect or appoint officers and agents of the Corporation and define their duties and fix their conpassaticn; 11) To make and alter Bylaws, not Inconsistent with these Articles of Incorporation or with the laws of the State of Colorado for the administration and regulation of the affairs of this corporation; 12) To make donations for the public welfare or for charitable, scientific, or educational purposes; 13) To transact any lawful business which the Board of Directors finds to be in aid of the policy of the State of Colorado or the United States or any of its territories, districts or Ffrxvaaaion; 14) To Indemnify any of the officers, directors, or management personnel of this Corporation from any liability or expenses incurred by reason of litigation against them in their rtaroeities as directors, officers, or employees of this Corporation to the full extent as provided for in the "Colorado Corporation Code" and as specifically provided for in the provisions of Colorado Revised Statutes 7-3-101.5 as are and were in existence as of January 1, 1988, or as thereafter from time to time amended; 15) To pay pensions and establish pension plans, pension trust, profit sharing plans, stock bonus pans, stock option plans and other incentive plans and provide medical service, life, sidtness, accident, dicahility, or unemployment insurance, education, housing, social and recreational services, and such other and similar aids and services for any of the directors, officers, and employees of this Corporation or any subsidiary thereof, wholly or partly, at the expanse of this Corporation; 16) To cease its corporate activities and surrender its corporate franchise; 17) To enter into general partnerships, limited partnerships (whether the Corporation is limited or a general partner), joint ventures, syndicates, pools, a_snnriations, and other arrangements for carrying on one or Hume of the purposes set forth in these Articles of Lput. tion, jointly or in common with others; and 18) To have and exercise all powers necessary and convenient to affect these purposes. d) The powers by written document executed in the manner provided by the oa7veyance of real estate by corporations, under the "Colorado Corporation Code", to appoint agents or attorneys -in -fact to convey this Corporations real estate. All conveyances executed by such agents or attorneys -in -fact in the name of this Corporation shall pass the legal title of the Corporation to the real estate thereby conveyed, as effectively as such conveyances have been executed by the Corporation in the manner provided by law for the conveyance of real estate by corporations generally; and it shall not be necessary to affix the seal of this Corporation to any conveyance so executed by such agent or attorney -in -fact. ARTICLE IX Directors. The initial Board of Directors shall consist of three (3) members. The name and address of the persons who are to serve as Directors until the first annual meeting of the shareholders, or until their successors are elected and shall qualify, are as follows: Name Ads Roger Knoph James Klein Garry Alford 2406 27th Avenue Court Greeley, Colorado 80631 28465 WCR 49 1/2 Greeley, Colorado 80631 4120 West 2Oth Street Road Greeley, Colorado 80634 IN WITNESS WHEREOF the above -named incorporator(s) signed these Articles of I Lx.mpu.dtion, this lc dayJanuary, 1989. STATE OF CIAL0RADO ) ss =NW OF WELD Inoorporator I,a Notary Public, hereby certify that Roger Knnph, who is personally known to be the person whose name is subscribed to the foregoing Articles of Inoorporation, appeared before me this day in person and upon oath swore to the truth of the facts therein stated and acknowledge that he signed and delivered said instrument of writing as his free and voluntary act. Given under my hand and official seal this ( day of January, 1989. My commission expires: t/a"-�4 DATE OF BID: FEBRUARY 28, 2019 REQUEST FOR: DUST PALLIATIVE SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #81900026 PRESENT DATE: MARCH 11, 2019 !REJECT BIDSZ APPROVAL DATE: VENDORS LOCATION GALLONS GMCO CORPORATION P O Box 1480 Rifle CO 81650 DUST5280 LLC 43646 WCR 45 Ault CO 80610 Greeley 1,610,000 Kersey 350,000 New Raymer 300,000 Pickup Greeley 1,610,000 Kersey 350,000 New Raymer 300,000 Pickup Greeley 250/gal VENDOR BELOW DID NOT ATTEND MANDATORY PRE -BID MEETING ENVIROTECH SERVICES INC 910 54TH Avenue #230 Greeley CO 80634 ENVIROTECH SERVICES INC 910 54TH Avenue #230 Greeley CO 80634 3At Greeley Kersey New Raymer Pickup Greeley Kersey New Raymer Pickup 1,610,000 350,000 300,000 1,610,000 350,000 300,000 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverettOweldgov.com E-mail: cmpetersCalweldgov.com Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 LIQUID DUST PALLATIVES TANK PER GALLON CONTRACT PRICE STORAGE Maq Chloride 0.712 $1,146,320.00 $0.712 $ 249,200.00 0.712 $ 213,600.00 0.712 0.95 0.97 1.01 0.84 RoadSaverCS o.7os $0.706 0.706 0.679 Alt #1 - Durahlend $0.94 0.94 50.94 0.92 $1,529,500.00 $ 339,500.00 $ 303,000.00 $1,136,660.00 $ 247,400.00 $ 211,800.00 $1,513,400.00 $ 329,000.00 $ 282,000.00 NO CHG NO CHG $2,065 -Qty 2 $2,065 -Qty 1 NO CHG NO CHG NO CHG NO CHG MINUTE PUMP $625 2019-1024 (X76, Page 2 DATE OF BID: FEBRUARY 28, 2019 REQUEST FOR: DUST PALLIATIVE SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #81900026 PRESENT DATE: MARCH 11, 2019 JREJECT BIDS) APPROVAL DATE: VENDORS LIQUID DUST PALLATIVES TANK MINUTE LOCATION GALLONS PER GALLON CONTRACT PRICE STORAGE PUMP ENVIROTECH SERVICES INC Greeley 1,610,000 910 54TH Avenue #230 Kersey 350,000 Greeley CO 80634 New Raymer 300,000 Pickup Mast Chloride Alt #2 — Basebind EL9.1 50.95 0.95 0.92 $1,527,500.00 $ 332,500.00 $ 285,000.00 NO CHG NO CHG The project, in general consists of delivering 2,260,000 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 Hello