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Home My WebLink About20181175.tiff.cl-- .r9 J 3503 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: 2020 Renewal for the Emulsion dust control supply to be used on road construction projects. DEPARTMENT: WELD COUNTY PUBLICWORKS DATE: 3/16/20 PERSON REQUESTING: Duane R. Naibauer, Weld County Public Works Brief description of the problem/issue: The Cobitco, Inc Agreement may be extended from May 18, 2020 to May 17, 2021, as permitted by the contract. This extension would be in the third (3rd) year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the Engineering News and Record (ENR) for Asphalt PG 58 oil in Denver, which did have an increase of 3.83%. Cobitco has asked for a cost increase this year of 3.15% which falls within the ENR limits and submitted a bid schedule that shows the increase. This 2020 bid schedule will replace the 2018 bid schedule on original bid. The budget amount for 2020 is $105,000.00. Public Works does not anticipate going over the approved budget amount. Cobitco was awarded this contract in 2018 as the low and sole bid vendor, the department has been satisfied with their product. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation: Public Works recommends the approval of the Contract extension/renewal to Cobitco, Inc under the Emulsion Dust Control contract. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Cori 5ei4 4&. ©`i f©6 7.0, Auprove Recommendation c6: P 027 - Schedule Work Session Other/Comments; X11'-117 E&oo77 WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & COBITCO, INC COHEREX EMULSION DUST CONTROL THIS AGREEMENT is made and entered into this 18th day of May 2020, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and COBITCO, INC whose address is 5301 N. Bannock St. Denver, CO 80216, hereinafter referred to as "Contractor'. WHEREAS, County desires to purchase from Contractor certain materials as described in Exhibit A, and WHEREAS, Contractor has the ability, qualifications, and time available to timely provide these materials, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the 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 terns recited in this document and in Exhibit A which forms an integral part ofthis Agreement. Exhibit A is specifically incorporated herein by this reference. 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 bid presented to and approved by BOCC. 3. Term. The term of this Agreement begins upon the date of the execution ofthis Agreement by County, and shall continue through a one year period. After the initial one year period it may be renewed upon written consent of both parties for subsequent renewal of the second and third additional one-year periods 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 7. 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. 8. 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. 9. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other C ontractots or persons to perfonm services of the same or similar nature. 10. Fund Availability. Financial obligations oI'thc County payable after the eurrent fiscal year arc contingent upon funds for that purpose being appropriated, budgeted and otherwise made ;ty niubie_ Lxee titian at this Agreement by County dues not create an obligation on the part oiCaunty to expend funds not otherwise appropriated in each succe edin 2, year. 11. Severability. If any term or condition ofthis .\greenient shall be held to he in _t. id. illegal. or unent'ttrccable a court at competent jurisdiction. dos Agreement shall be construed and enforced without such pint isian, to the extent drat this r\ore,nrie ;t is then capable car cxcon tiul; '..thin ilic orielnal talent of t is pa 1;c1 0t /(! ~ i / / g' Al ES Weld BY: 12. 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. 13. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this C day ofilgrA 020 CONTRACTOR: Date aL(II ..2 74 WELD COUNTY:,;,tA '((�� BOARD OF COUNTY COMMISSION WELD COUNTY, COLORADO Deputy Cle to th : oard Mike Freeman, Chair oZo/1.- // 7�' Emulsion Dust Control Agent COBITCO, INC 2020 BID SCHEDULE Item #1: Bid price shall be plant price only. Item #2: Bid price shall include the price of material, delivery to site and transferring the product to a Weld County truck. Plant Price onI Item Item Quantity Unit Price Per Total Plant Location # Unit Price 1 Emulsion Dust Control Agent Up to 63,000 Gallons 1 r 7J #yry c:, t f�5o, tthVt� f O C•` Plant Price and Delivery Price to be within 60 -mile radius of Weld County Public Works 1111 "H" St. Greetev, CO 80632. Item Item Quanta Unit Price Per Total Plant Location # Unit Price 2 Emulsion Dust Control Agent and Delivery Up to 49,000 Galians I` p t� �. 1� 1 f� ! °' t� �b3�%• l�t �tvCv CO TOTAL BID (Item #1)$ II 7, 2 S O , TOTAL BID (Item #2) $ LL. � 3O.° GRAND TOTALBID$ .D !, Std O.d V AC Rd CERTIFICATE OF LIABILITY INSURANCE RENEWALI W DATE(MM/DO/YY) 09/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsedlf SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 ACT AN < 6d1 �N4l' L 411 ... ....._.._...... NORTHGLENN, CO 80234 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A. TRAVELERS INSURED COBITCO, INC. 5301 NO. BANNOCK STREET INSURER B: PINNACOL ASSURANCE INSURER C: INSURERO DENVER, CO 80616 INWRER,E:T INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA D CLAIMS. 7R R TYPE OF INSURANCE POLICY NUMBER l imam COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE [ X I OCCUR GENT AGGREGATE LIMIT APPLIES PER: -__ POLICY'I__J Nil 1 LOC OTHER: AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY B UMBRELLA LIAB SCHEDULED AUTOS AUl'OS ONLDY X OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSA110N AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUT OFFICER/MEMBER EXCLUDED., �__j (Mandatory In NH) I/ yyea, describe under QESf.R1YTIONf)F QP ERAT IQNS 1;pb NIA 630501D4153 BA501D4153 CUP501D4153 381672 1/1/19 1/1/19 1/1/20 1/1/20 LIMITS EACH OCCURRENCE $ 1,000, 000 PREMISES Ea oc snot.) MED EXPyAny one person) PERSONAL & ADV INJURY GENERAL AGGREGATE 100,000 5.000_ 1,000,000 $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ 1,000,000 1/1/19 1/1/20 BODILY INJURY ;Per person) $ _ BODILY INJURY (Per accidont) $ -may 1 fPdr EACH OCCURRENCE AGGREGATE 10/1/19 10/1/20 2,000,000 2,000,000 S x.1_.STATUTE E EACH ACCIDENT $ 500,000 E L DISEASE - EA EMPLOYEE $ 500,000 E L. DISEASE - POLICY L RAIL. $ 500.000 DESCRIPTION OF OPERATIONS / LOCATIONS ) VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required) IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND WORKER'S COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED) CANCELLATION WELD COUNTY PUBLIC WORKS P.O. BOX 758 GREELEY, CO 80632-0758 ATTN: JOSIAH HOLBROOK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' ACORD 25 (2016/03) -2015 ACOtW CORPOH ATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Four few. tbroutterallIT) a ft.h idt for Tamer idowfMoafioa N■ialier and teefrcatie rued Mokeae Mear.elea . awe p MIANNAeloompleter er O C Ownersfd scams ❑ Ammerea dowlettomeisrUZ [� tMOMMak anpwy. •ew Vet to eMal emem iC•C aapttroa Sri orp•afen, FdPrremdtt;f ► MMIt ba•MWOW= ____ dtiMi••••••••mac De rot Man 1Mst eMttirlrUCitutlitimpeofI a arterelis lrwwrdir!LCI rM ert111 M1bloMle NerrMemerf r WI. lorleultur peplum Olood koa. arteulLCtirti illimpliallikramillosimrsksall drimitheopeopialeem Mr Sem drAlleelbeellbm m NM Filar 10 Om 1re�fMOtr. Ito not mad ID flat MS. 4 S___.1___ a** asellumIlle•catihedilricsee tteimulemregeeM;. 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Imo.::-= jor reeeroillot ember FN. •e4Son 1MMrrobliie►emeorWel or awpry it IdellMtdon,.robs b twat anan itbeeeSar r•M•n to• moot pad fa yaI. or aeter aMora npeeMb on an rMelweWew Mem Eelmpts Cl Moe& ion mb•ne NOMM, but era not billed to, toe baoeArp. • Fawn 11MM•SR Intl rest mined or presto) Cot. No. 10231X -- b...04-04-2018 • Farm 10.9-DIV (Addends. Including awes Iran moms a mutual ludo► • RIM 100fMW8C MAN* types of Income, pbiw aoands, or pros promedy • Form 10O? -8 (Mock or muMld fund sees nod ost•it other tamodwu by beobwy • Felt 1000.8 pmseds tom me soft reuoWm iI • Form 10M -K enembent card and Mt Arty ristevrk treneeclone) • Foam 1006 7tomo martgeoe a•nef1,1000-E Mufti* Men Mum" 1008•T Od6or7 • Faun 1000-C lomecoleel debt) • Form 100PA M oulolion or tewdonment of stared property) Use Fonn W 9 ony a you area U.& peon (Including • mitten' eleM, to provide your coma TIN. if do not dean Form W4 loth* requestr.Iha 7W, you might sit ■ tfocr to Mobyo .Ma ltokIn1. See Mist b Wimp vo tMlaldep. M r. Farm W-4 (Rev. 11-2017, Contract Form Entity Information Entity Name* COBITCO INC New Contract Request Contract Name* COHEREX EMULSION DUST CONTROL Contract Status CTB REVIEW Entity ID* @00024895 Contract ID 3503 Contract Lead* DNAIBAUER ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project it dnaibauer@comeld.co co.us Contract Description* SUPPLY COHEREX EMULSION DUST CONTROL FOR ROAD CONSTRUCTION PROJECTS THRUOUT WELD COUNTY Contract Description 2 Contract Type* AGREEMENT Amount* $105000.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgovcorn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD. CO. US Requested BOCC Agenda Date* 04/06/2020 Due Date 04©212020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP it* B1800088 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 02101/2021 Termination Notice Period Committed Delivery Date Expiration Date* 05/17/2021 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver CONSENT Approval Process Department Head Finance Approver JAY MCDONALD CONSENT Purchasing Approved Date 03/30/2020 DH Approved Date Finance Approved Date 03/30/2020 03130/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/06/2020 Originator DNAIBAUER Tyler Ref # AG 040620 Legal Counsel CONSENT Legal Counsel Approved Date 03/30/2020 Submit bx\lojo 39 il` Renewal for the Emulsion dust control supply to be used on FDR projects. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW DEPARTMENT: WELD COUNTY PUBLI WORKS DATE: 4/25/19 PERSON REQUESTING: Duane R. Naibauer, Weld County Public Works Brief description of the problem/issue: The Cob itco, Inc Agreement may be extended from May 18, 2019 to May 17, 2020, as permitted by the contract. This extension would be in the second (2nd) year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the Engineering News and Record (ENR) for Asphalt PG 58 oil in Denver, which did not have an increase. Cobitco has not asked for a cost increase this year and submitteda bid schedule with same pricing that was used in 2018 on original bid, The total contract amount would be $63,630.00 which is under the budget amount for 2019. Cobitco was awarded this contract in 2018 as the low and sole bid vendor, the department has been satisfied with their product. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation: Public Works recommends the approval of the Contract extension/renewal to Cobitco, Inc under the Emulsion Dust Control contract. Approve icommendstion Sean P. Conway Scott James Mike Freeman, Pro -Tern Barbara Kirkmeyer, Chair Steve Moreno bOrkSstit& AiStiAtIoL, s_g_,9 Schedule Work Session Other/Comments: aot8- l`1 WELD COUNTY AGREEMENT FOR MATERIALS $ETWEEN WELD COUNTY COBITCO. INC COHEREX EMULSION DUST CONTROL THIS AGREEMENT is made and entered into this 18th day of May 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 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and COBITCO, INC whose address is 5301 N, Bannock St. Denver. CO 8021$1, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor certain materials as described in Exhibit A, and WHEREAS, Contractor has the ability, qualifications, and time available to timely provide these materials, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 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 bid presented to and approved by BOCC. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through a one year period. After the initial one year period it may be renewed upon written consent of both parties for subsequent renewal of the second and third additional one-year periods 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 7. 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. 8. 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. 9. 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. 10. 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. 11. Scverability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 12. 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 §§2410-101 et seq., as applicable now or hereafter amended. 13. 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. 2 LEN WITNESS WHEREOF. the parties hereto have signed this Agreement this P1 day of/ CONTRACTOR: COB' TcO .Ih.G. BY: 91( 214414414. Name: c v Y sit. Mt, Title: �a a3 } r s e.► im a� . Date Aity J st42 j WELD COUNTY: ATTES `"Jele;"` BOARD OF COUNTY COMMISSIONERS Weld .0 ty lerk to the Boa d W LD COUNTY, COLO DO BY: Deputy Cle bara Kirkmeyer, Cha r MAY 082019 02_o/g-/(7 Emulsion Dust Control Aslent COBITCO, INC 2019 BID SCHEDULE Item #1: Bid price shall be plant price only. Item #2: Total price shall include the price of material, delivery to site and transferring the product to a Weld County truck. Plant Prime on 1 item Emulsion Dust Control Agent Quantity Up to 63,000 Unit Gallons Price Per Unit t073 Total Price y S,�90°a Plant Location giver CO Plant Price and Delivery Price to be within 60 -mile radius of Weld County Public Works 1111 "H" St. Greeley- CO 80632. Om It An Quantity Unit Price Per Total Price Plant Location Unit 2 Emulsion Dust Control Agent and Delivery Up to 21,000 Gallons `� Q V , 89 I7 / y6 I' b i nCO GRAND TOTAk BP (Item #'t) $ q5 Igo. it GRAND TOTAL BID (Item #2) $ f 7 ,a a .+�C. CERTIFICATE OF LIABILITY INSURANCE RENEWAL DATE(MMIDDIYYYY) 12/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsedif SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTHGLENN, CO 80234 INSURED COBITCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80616 0 ACT E#(S j (IV4.N41 INSURER(S) AFFORDING COVERAGE NAIC R INSURER A: TRAVELERS INSURER aPINNACOL ASSURANCE (INSURER C._ INSURER D: IN§gREg E; INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ( ".._ _.. _ .... ....,,_ ..I DDL LIB ..- -._. .. ...... Y -. 1 TYPE OF INSURANCE INS,-D(�VWD POLICY NUMPFR COMMERCIAL GENERAL LIABILITY X OCCUR CLAIMS -MADE EEL AGGREGATE LIMIT APPLIES PER: .ry POLICY I JECT ....., OTHER: AUTOMOBILE LIABILITY X ANY AUTO AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAR EXCESS LIAB 0501 [REIENLION$ IORI(ERS COMPENISA110N AND EMPLOYERS' LIABILITY Y 1 ANY PROPR(ETQRIPARTNERIEXECUTIVE' !NI A ga>IrAttt ar EXCLUDED, 'Act describe cadet IG'SCSIk'VIQN 4tP-'OF+FItATIONS_tl q SCHEDULED S NON -OWNED AUTOS ONLY OCCUR CLAIMS MADE <_____�_ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 630501D4153 1/1/19 1 1/1/20 1/1/19 I 1/1/20 1/1119 1/1/20 �EAACCH OCCURRENCE PREMISESCU(ERu tonce) MED EXP (Any one person) PERSONAL & ADV INJURY 1 GENERAL AGGREGATE t PRODUCTS - COMPIOP AGG INED SINGLE LIMIT a I BODILY INJURY (Per person) BODILY INJURY (Per accident) I (PPerr accide PERTY t) DAMAGE _._ ) EACH OCCURRENCE ACCRECA(E ) ) ) Ppk I X L STl1[t,)TE- I E L EACH ACCIDENT S 500,000 10/1/18 I 10/1/19 ' EL DISEASE - EA EMPLOYEE S 500000 L DISEASE - POLICY LIMIT 3 500,000 LIMITS 1,000,000 100,000 5,,000 1,000,000 2,000,000 :... 2,0.90,00.0 1,000, 000 $ $ 2000,000 2,000,000 IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND WORKER'S COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED) CERTIFICATE HOLDER CANCELLATION WELD COUNTY PUBLIC WORKS P.O. BOX 758 GREELEY, CO 80632-0758 ATTN: JOSIAH HOLBROOK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) c) t9$8 r -2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD ip WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & COBITCO, INC COHEREX EMULSION DUST CONTROL THIS AGREEMENT is made and entered into this 18th day of Mav 2018, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and COBITCO, INC whose address is 5301 N. Bannock St. Denver, CO 80216, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor certain materials as described in Exhibit A, and WHEREAS, Contractor has the ability, qualifications, and time available to timely provide these materials, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 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 bid presented to and approved by BOCC. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through a one year period. After the initial one year period it may be renewed upon written consent of both parties for subsequent renewal of the second and third additional one-year periods 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 7. 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. 8. 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. 9. 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. 10. 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. 11. Severability. -/AA—/1 If any term or condition of this Agreement shall he held to be invalid, illegal, or unenforceable by a e_fy-t ce) w) court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 12. 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. 13. 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. 2© N WITNESS WHEREOF, the parties hereto have signed this Agreement this / day of I CONTRACTOR: CoRITCr7 her WELD COUNTY: Date / f) 74 .2(1/2? AWeld TTEST: •� BOARD OF COUNTY COMMISSIONERS n er to o. rd WELD COUNTY, COLORADO jk to a Boardr�`�. eve Moreno, Chair MAi 14 2018 11845 I ♦k N CERTIFICATE OF LIABILITY INSURANCE RENEWAL DATE (MMIODfYYY) 12/13/2017 all2TMIiIATE GS WAXED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR 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 RIBRIMMTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. 11.0110440tIt1f1e cttl.Elcts holder Is an ADDITIONAL INSURED, the poltey(Ies) must have ADDITIONAL INSURED provisions or be sndorsedef RIM IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this tllk ADt s sst cotgor TIMM to the ciefOnCate holder In lieu of such ) PRODUCER INSURED MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTFIttlt,MIN, CO AO234 COBITCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80618 INSURER A 1 INSURER 0 INSURER C INSURER D 'NSURER E INSURER F INSURERIS) AFFORDING COVERAGE TRAVELERS PINNACOL ASSURANCE NP) NAIC A REVISION NUMBER: TIii Itib CRIMPY THAT THE POUCIES OP INSURANCE LISTED BELOW HAVE BEEN I SUED TO THE INSURED NAMED ABOVE FOR THE POLFCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE 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 PCl ICY NUMBER(MM Y 1 mum); LIMITS X ` COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE'S 1,000,000 CLAIMS -MADE 1 X { OCCUR Qar§E3 Ea ccCurDenro, 100.000 83050104153 1/1/18 111/19 MEDFXP,Anyone person; S 5,000 PERSONAL S ADV INJURY 1 1,000 000 TYPE OT INSURANCE 2,000,000 Nt GEAGGREGATE LIMIT APPLIES PER - GENERA 4. AGGREGATE, POLICY LOC PRODUCTS i:OL1P.OP A.GG 1 2,000,000 3 COMBINED SINGLE i.IMll '0011Y INJURY ,P.:r pelsenl 1 BODILY INJURY !Ps, acneenlr 3 CERTIFICATE NUMBER: IOT ER AUTOMOBILE LIABILITY X ANY AUTO ONLY ONLY UMBRELLA LIAR A EXCESS LIAR I Cl AIMS MADE XD RETENTION 1 EJ0$LEEN'S COMPENSATION insonsistontar Lamm, Y , N B , ARTNE iE, ECUTIVr N I A ! t AUTOSI/LT:O MAW der.cv*Ie u,wor IPTION OF OPERATIONS boa,: X OCCUR 81050104153 CUP501 D4153 1/1/18 1/1/19 Pr'stPPEER irimmAGE ' S EACH OCCURRENCE 1/1/18 1/1/19 uGREGA'FS 1 .000.000 2,000,000 < 2,000,000 X PER QT.;.' y TAT','E ER C I. EACH ACCIOEN S 381672 1011/17 10/1/18 E -. DISEASE EA, EMPLOYEE I 1= U3Li1:ASF POI CY LIMIT S 5500,000 500,000 500,000 DESCRIPTION OF OPERATIONS r LOCATIONS: VEHICLES IACORD IDt, Additional Remarks 3chodel% map be allachod d more apace Is roquiro,IJ IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND WORKER'S COMPENSATION AS REQUIRED BY CONTRACT (ENDORSEMENTS ATTACHED) CERTIFICATE HOLDER WELD COUNTY PUBLIC WORKS P E. DBC 758 GREELEY, CO 80632-0758 Al -TN JOSIAH r!tJLBROOH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU rHOR12E0 REPRESENTATIVE ACORD 25 (2016/031 9 a15 AC R A N. All rights reserved. The ACORD narne and logo are registered marks of ACORD Papaw of Fenn • Iioolosrt for Tea or IdoodMood= 11m■Irrr acrd CodMotion hors eeee.frntire d ar moon whew....*Mod ea aw 1. Cheek a * or at so CCmpe.ein 8 sCerponorm O Praaaa4 ❑ litiaierre sletat(l}wCarporribm8•aawpauiloh.r•rrwolliil0 �rwny*ireeitietisareaHrairraesrarwash. 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No. 113231K Farm VV -0 (1iv. 11-201T WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverettaweldaov.com E-mail: cpetersaweldgov.com Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 400-4024 DATE OF BID: APRIL 23, 2018 REQUEST FOR: EMULSION DUST CONTROL AGENT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61800088 PRESENT DATE: APRIL 16, 2018 APPROVAL DATE: APRIL 30, 2018 (ONE YEAR CONTRACT, COUNTY MAY EXTEND UP TO (2) TWO ADDITIONAL YEARS.) COST OF EMULSION** COST OF EMULSION DUST*** VENDOR DUST CONTROL AGENT CONTROL AGENT + DELIVERY TO SITE COBITCO INC 5301 N. BANNOCK ST DENVER CO 80216 $0.73/gal - Total - $45,990.00 $.84/gal - Total $17,640.00 PLANT LOCATION: DENVER ** QUANTITY WILL BE UP TO 63,000 GALLONS ** QUANTITY DELIVERY TO SITE UP TO 21,000 GALLONS **PWD IS REVIEWING THE BID AT THIS TIME Rose Everett From: Sent: To: Subject: Attachments: Steven M. Marshall <steve.marshall@cobitco.com> Monday, April 09, 2018 10:27 AM bids 2018 Emulsion Dust Control Agent B1800088 WeldCo_2018_Emulsion_Dust_Control_Agent_B1800088.pdf; Coherex_Specification_ 2014(2018).pdf Weld County Purchasing Dept : Sending my request for bid on 2018 Emulsion Dust Control Agent B1800088. "I hereby waive my right to a sealed bid" Steven M. Marshall Sales Representative COBITCO, Inc. 5301 Bannock St. Denver, CO 80216-1623 Office & Fax (970) 522-7774 I Cell (970) 520-1278 I steve.marshall@cobitco.com I www.cobitco.com The information contained in this email message may be privileged and is confidential information intended only for the use of the recipient(s), or any employee or agent responsible to deliver it to the , intended recipient(s). Any unauthorized use, distribution, or copying of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files. 1 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the followlna oaaes must be submitted with every bid submittal. Failure to Submit any of these documents will disauallfy your bid. ❑ Receipt of addenda(s), if any, should be signed. i Bid Schedule (page 12) I have initialed each of the above items and have fully executed the corresponding documents. / I hereby Acknowledge and understand the above required bid documents. Co r i TC o 14+ r . Dated this day of Ajl r a ( , 20 18 (Contractor) lilt I Ref ceHAr Ave Weld County Contract. Questions related to the project and procedures should be directed to: Joshua J. Holbrook Construction Inspection Supervisor Weld County Public Works 970.400.3734 jholbrookawekloov.com Terms and Conditions~ The agreement/contract shall commence approximately in April 2018 and continue in full force for one year. At the option of the County, may be extended for up to two (additional years. Increases in the cost may be negotiated for subsequent renewal of the second and third additional one-year periods, based on the ENR material cost (Denver) for Asphalt PG 58 oil. The increase will be based on the percent change from 2018 to 2019 on a liquid ton of PG 58 emulsion. Duane R. Naibauer Road and Bridge Construction Supervisor Weld County Public Works 970.400.3786 dnaiba uer@weldoov,com BID SCHEDULE Item #1: Bid price shall be plant price only. Item #2: Total price shall include the price of material, delivery to site and transferring the product to a Weld County truck. Plant Price onl _ Item # Item T Quantity Unit Emulsion �,► L. Dust Control 1 Up t0 Gallons 11 n 73 • !i1(�S ??o o � ' n Avant 63,000 T �,1 J ! , i '„JeNVe� 111 �-� Plant Price and Delivery Price to be within 60 -mile radius of Weld County Greeley, CO 80632) Price Per i Total Unit Price Plant Location Item # Item Quantity Unit Emulsion Dust Control Agent and Delivery Up to 21,000 Gallons Price. Per I Total Unit i Price Plant Location /7Cy0 .' t 't ver C-0 GRAND TOTAL BID (Item #1) $ 'I St 9 , u, D ry et 0 GRAND TOTAL BID (Item #2) $ /7 LO y4, ATRICOR REFINING, LLC Producers of GOLDEN BEAR PRESERVATION PRODUCTS 1134 Manor St. • Oildale, CA 93308 / P.O. Box 5877 • Bakersfield, CA 93388 Phone 661.393.7110 - Fax 661.393.2083 COHEREX® Dust Control Agent and Base Specifications: Coherex Dust Control Agent Tests: ASTM Test Method AASHTO Requirements Min. Max. Viscosity @ 25°C, SFS Sieve Test, % wtr> Residue, % w(2> Particle Charge Test D-244 D-244 D-244 D-244 1-59 T-59 1-59 T-59 15 40 0.1 60 65 Positive 'Test procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution. AASTM D-244 Evaporation Test for percent of residue is modified by heating 50 gram sample to 149°C (300°F) until foaming ceases, then cooling immediately and calculating results. Note: For gal/ton conversion use 242 gal/ton. Specifications: Coherex Base Tests: ASTM Test Method AASHTO Requirements Min. Max. Viscosity @ 100°C, cSt Flash Point, COC, °C Asphaltenes, %w Saturated Hydrocarbons, %w Specific Gravity D-445 D-92 T-48 D-2006-70 ---- D-2006-70 --- D-1298 T-277 17.17 208 23.83 0.75 20 1.000 1.040 Note: Data presented are typical. Slight variation may occur from lot to lot. No wan -miles, expressed or implied Includinµ war rove es of merchantability or timers for a particular use. are made .vdh respect to the produne descnhed herein Vothivg conlei iced heron shelj constitute a ppmµstion of eceommondnian to Pimlico sap inventiour c varad by 4 palest wethuut a icensa from the o.vner „P Pie patron MEMORANDUM TO: Board of Commissioners DATE: April 17, 2018 FROM: Jay McDonald, Director of Public Works SUBJECT: 2018 Emulsion Dust Control Agent, B1800088 The Public Works Department recommends the bid for Emulsion Dust Control Agent be awarded to Cobitco Inc, the sole bidder. The price to purchase material from their plant (Item #1) is $45,990. The purchase and delivery price (Item #2) is $17,640.00 for a grand total of $63,630.00. The total budgeted amount for 2018 is $105,000.00. If you have any questions, please call me at extension 3761. M:mona:wordfiles/bids/memulsiondustcontrol l 8.docx a08- It -t' WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverett(a�weldgov.com E-mail: cpeters(a weldgov.com Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 400-4024 DATE OF BID: APRIL 23, 2018 REQUEST FOR: EMULSION DUST CONTROL AGENT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1800088 PRESENT DATE: APRIL 16, 2018 APPROVAL DATE: APRIL 30, 2018 (ONE YEAR CONTRACT, COUNTY MAY EXTEND UP TO (2) TWO ADDITIONAL YEARS.) COST OF EMULSION** COST OF EMULSION DUST*** VENDOR DUST CONTROL AGENT CONTROL AGENT + DELIVERY TO SITE COBITCO INC 5301 N. BANNOCK ST DENVER CO 80216 $0.73/gal — Total - $45,990.00 $.84/gal — Total $17,640.00 PLANT LOCATION: DENVER ** QUANTITY WILL BE UP TO 63,000 GALLONS ** QUANTITY DELIVERY TO SITE UP TO 21,000 GALLONS **PWD IS REVIEWING THE BID AT THIS TIME L\ Ivs ao)g- \V1 E Hello