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Home My WebLink About20182564.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 4, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Methane Monitoring System — Fleet Building Change Order; Bid (B1800132) Clean Energy Fuels Corp. is performing the replacement of the Methane Monitoring System at the Fleet building. During the course of this replacement is was discovered that when the fire panel was upgraded by another vendor, three conduits were removed. In order for the new system to be connected appropriately, these conduits needed to be re -installed. Therefore, Buildings & Grounds is recommending a change order in the amount of $850.00 be awarded to Clean Energy Fuels Corp. for this additional scope of work. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 6\ay4 Npo -r) /5-t2) cc• ,8G �TT�sG eal) Clean Energy MacArthur Court, Suite 800 CHANGE ORDER Newport Beach, California 92660 USA Office: 949.437.1000 Fax: 949.724.1397 www.clea nenergyfuels.com Change Order No: 1 Contractor: Clean Energy Fuels Client: Weld County Clean Energy Subcontract Description: CNG Facility Modifications Work Site Address: 1399 N 17th Ave, Greeley, CO 80631 Contract Date: 10/15/2018 Date of Change Order: 3/25/2019 Change Description: Per conversation with client contact Toby Taylor and Weld County's FIRE vendor, the original fire panel that was considered in design/engineering of this project was removed by Weld County's FIRE vendor during the course of construction. It contained 3 modules available for CE use in order to provide callout capability for the gas detection system. The new fire panel did not have this capability as the external dialer was removed. Weld County recognized this issue on 3/20/19 and authorized its FIRE vendor to make necessary changes in order to provide 3 modules for CE use. This required installation of conduit and associated electrical to facilitate the installation of the 3 modules which was added as new scope to CE's contract. Reason for Change: Client request. Contract Price Effect: Contract Price: $228,716 Adjustments, Previous Changes: $0 Adjustment, this Change Order: $870 Revised Contract Price: $229,586 Contract Time Effect: Original Final Completion date:4/5/19 Adjustment, Previous Changes (In Days): 0 Adjustment, this Change Order (In Days): 0 Revised Final Completion date: April 5, 2019 4675 Execution of this Change Order represents full and final costs of all direct, indirect, and delay costs, if applicable, for the scope of services identified herein. Except as expressly set forth in this Change Order, all of the terms and conditions of the Subcontract Documents shall remain in full force and effect. This Change Order may be executed in two or more counterparts, each of which shall constitute an original, but all of which when taken together shall constitute but one and the same Change Order. Change Order Form Page 1 Clean Energy (..444 MacArthur Court, Suite 800 CONTRACTOR: CLEAN ENERGY By: Faisal Abbas 4675 Newport Beach, California 92660 USA Office: 949.437.1000 Fax: 949.724.1397 CHANGE ORDER www.cleanenergyfuels.com K Title: Project Manager Date: 3/25/2019 Original To: Change Order Form CLIENT: WELD CO B LA - Title: BOCC Chair Date: MFR 0 S 2019 Page 2 o2 56, RE: METHANE MONITORING SYSTEM - FLEET BUILDING CHANGE ORDER (BID #B1800132) - CLEAN ENERGY FUELS CORP. APPROVED AS TO SUBSTANCE: Elected Official or Dedartment Head APPRZD S TF Controller APPRO ED AS TO FORM: County Attorney a�� a-6' /p-7t-t-f,,,e6 aoz-0 74 - AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CLEAN ENERGY TO DO BUSINESS AS CLEAN ENERGY FUELS CORP. FLEET SERVICES 1399 N. 17TH AVE. METHANE MONITORING SYSTEM THIS AGREEMENT is made and entered into this/day of , 201e_ 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 Clean Energy To Do Business As Clean Energy Fuels Corp. Whose address is 4675 MacArthur Court, Suite 800 Newport Beach, CA 92660 hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional 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 Exhibits A, B, and C each of which forms an integral part of this Agreement. Exhibits A, B, and C are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A, B, and C define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B1800132. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. Exhibit C consists of additional language included in the contract at the request of the Contract Professional. 2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. cc: Ox 4&) 10 -/6-/g i g-oa,ta 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 Contract Professional's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $228,716.00 which is the bid. Contract Professional 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 Buildings & Grounds, 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 Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional'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 Contract Professional was improper because the service 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, Contract Professional 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 Contract Professional hereunder and Contract Professional 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 Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional 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. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional 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. Contract Professional 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 Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional 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. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional 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. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy 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 Contract Professional, 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 services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the 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 Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that 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. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Buildings & Grounds, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Clean Energy To Do Business As Clean Energy Fuels Corp. Attn.: Robert M. Vreeland. Chief Financial Officer Address: 4675 MacArthur Court, Suite 800 Address: Newport Beach, CA 92660 E-mail: chad.lindholm'q cleanenergti fuels.com Telephone: (949) 437-1000 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest -- C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement 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 Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional 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 Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, 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. 31. 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. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A, B, and C 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. I WITNESS EREOF, the parties hereto have signed this Agreement this /�> day of , 2011. CONTRACT PROFESSIONAL: Clean Energy To Do Business As Clean Energy Fuels Corp. Date OcJVLe,- /, Zo ( tJ WELD COLS s w „�,/ .e1 ATTEST: `uW / • •J�CrILo� BOARD OF COUNTY COMMISSIONERS Weld Co . Clerk to the : o. , WELD COUNTY, COLORADO BY:%., ' :1if/ #4!air --C� rn--(?—l-_,-.--zf-- -�/ Deputy Cl.J to the Boar.j, J '* Steve Moreno, Chair /J'/`� /i� OCT 15 2018 020/2-026 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JULY 12, 2018 BID NUMBER: X81800132 DESCRIPTION: METHANE MONITORING SYSTEM DEPARTMENT: BUILDINGS & GROUNDS BID OPENING DATE: AUGUST 9, 2018 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, 'Weld County"), wishes to purchase the following: METHANE MONITORING SYSTEM - FLEET SERVICES FACILITY A mandatory pre -bid conference will be held on July 27.2018 at 10:30 AM, at the Weld County Fleet Services building located at 1399 North 17th Avenue, Greeley, CO. Bids w1 be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: TlxisdaV. August 9h. 2018010:30AM. (Weld County Purchasina_Time Clock). PAGES 1 -- 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at httos://www.weldoov.com/deoartments/purchasinq located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Old Delivery to Weld County— 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s @ w e I dg o v. c o m. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call PurchesInga at 970- 400.4222 or 4223 If you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of ail partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director, said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and ail bids, to waive any BID REQUEST #81800132 Page 2 informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of BID REQUEST #B1800132 Page 3 the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72- 204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and BID REQUEST #B1800132 Page 4 keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision . included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. BID REQUEST #61800132 Page 5 Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder wan -ants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts BID REQUEST #B1 B00132 Page 6 by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #81800132 Page 7 X. Taxis: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days priorto such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any • statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, BID REQUEST #B1800132 Page 8 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 successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability; Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. BID REQUEST #81800132 Page 9 Subcontractors: All subcontractors, subcontractors, Independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81800132 Page 10 Specifications and Scope of Work Methane Monitoring System — Fleet Services Facility SCOPE OF WORK: This bid is for providing engineering/design services and installation of a complete methane electronic monitoring and control system for the maintenance bays of the Fleet Services facility to allow the safe vehicle maintenance on CNG and LNG vehicles. This Fleet Services Facility is located in the 1399 North 17"' Avenue, Greeley, CO. In 2014, a methane gas monitoring and control system was installed in at the Fleet Services Facility. It consisted of three zones: 1) small vehicle bay, 2) large vehicle bay and 3) welding bay. At various concentrations of gas detection, the system would activate safety lights, exhaust fans, open garage doors and/or shunt trip power to the entire building. The system has ceased working and the vendors originally used are no longer available. Therefore, a new monitoring system must be redesigned and constructed. 1. Weld County is seeking a team to design and install a new turn -key methane monitoring and control system that retains the capabilities of the original system. This new system will allow the repairs of both compressed natural gas (CNG) and liquified natural gas (LNG) vehicles can be resume within the building. 2. Design will consist of developing full construction plans and final As-Buiits to be provided to the County. 3. Contractor is responsible for turn -key installation and commission of new system. 4. Any follow-on testing, calibration, and/or commissioning shall be performed by contractor for the first year. Training shall be provided to County personnel on calibration requirements, as required. 5. Existing hardware and components could be reused. However, the wiring inside the conduits is unknown for compatibility. Therefore, the County would require all new wiring be installed to ensure correct installation_ And all wiring shall be labelled so future troubleshooting of the system could occur. 6. All components must be component must be Class 1, Division 2 Compliant. 7. The system must have a 2 -hour battery backup. 8. The individual gas detection system control units shall be listed and labeled in accordance with UL 864 or UL 2017. Gas detectors shall be listed and labeled in accordance with UL 2075 for use with the gases and vapors being detected. 9. The plans used for the entire facility modification from 2014 have been included for reference. However, the County cannot guarantee the accuracy of installed equipment or wiring of the methane monitoring system. Therefore, these should be used as reference to familiarize bidders with the scope of the prior project. 10. Contractor must provide references and examples of similar scope of work. 11. Permits are through Weld County. Permit fees through County will be waived. 12. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Payment and performance bond is required. 15. The original sequence of operation shall be maintained and is shown in the table below: BID REQUEST #61800132 Page 11 SEQUENCE OF OPERATION MATRIX FOR CMG DETECTION SYSTEM CN6 DETECTION SYSTEM RESPONSE SE0 NO OPERATION NORMAL 25% LFL GAS DETECTED LARGE SAY 50% LFL GAS DETECTED LARGE BAY 25% LFL 645 DETECTED SMALL 5AY 50% LFL 6.A5 DETECTED SMALL BAY 25% LFL 6A5 DETECTED YIELDING SAY 50% LFL GAS DETECTED WELDING SAY TROUBLE ZONE1 1 GREEN LIGHT .AT ALARM STATIONS IN LARGE VE,IGI_ BAY ON OFF OFF _ 2 AMBER LIGNT AT ALARM STATIONS IN LARGE VEHICLE BAY OFF ON OFF S RED LIGHT AT ALARM STATIONS IN LARGE VEHICLE BAY OFF OFF ON 4 EXHAUST FAN =_F12 (LARGE VEHICLE BAY) OFF LOA SPEED HIGH SPEED 5 ExHAVST FAN EF12 - MOTORIZED DAMPER CLOSED OPEN OPEN & MOTORIZED DAMPER FOR ROOF LOUVER (EF12) CLOSED OPEN CLOSED ZONE 2 I GREEN LIGHT AT ALARM STATIONS IN SMALL VEHICLE BAY ON OFF OFF 2 AMBER LIGHT AT ALARM STATIONS IN SMALL VEHICLE BAY OFF ON OFF 3 RED LIGHT AT ALARM STATIONS IN SMALL VEHICLE BAY OFF OFF ON 4 EXHAUST FAN EF13 (SMALL VEHICLE BAY) OFF LOIN SPEED NIGH SPEED 5 EXNA ST FAN EF13 - MOTORIZED DAMPER CLOSED OPEN OPEN 6 MOTORIZED DAMPER FOR ROOF LOUVER (EH") CLOSED OPEN CLOSED ZONE 3 1 GREEN LIGHT AT ALARM. STATIONS IN WELDING BAV ON OFF OFF 2 AMBER LIGHT AT ALARM STATIONS IN WELDING BAY OFF ON OFF 3 RED LI6MY AT ALARM STATIONS IN WELDING BAY OFF OFF ON 4 EXHAUST FAN EF14 (YIELDING DAY) OFF LOW SPED NIGH SPEED 5 EXHAUST FAN 5F14 - MOTORIZED DAMPER CLOSED OPEN OPE, 6 MOTORIZED DAMPER FOR ROOF LOUVER (EFI4) CLOSED OPEN CLOSED IA GREEN LIGHTS AT ALL EXTERIOR ALARM STATIONS ON OFF OFF OFF OFF OFF OFF NO 2A AMBER LIGHTS AT ALL EXTERIOR ALARM STATIONS OFF ON OFF ON OFF ON Off YES 3A RED LISHIS AT ALL EXTERIOR ALARM STATIONS OFF OFF ON OFF ON OFF ON YES 4A GAS MONITOR PNL CALL OUT & ANNUNCIATION NO NO YES NO YES NO YES 5A SNIUNT TRIP OF BOLDING POWER NO NO YES NO YES NO YES 6A AUTODIAL SUPERVISORY PERSONNEL NO YES YES YES YES YES YES YES T4 LOWER LEVEL AUDIBLE ALARM TONE NO YES NO YES NO YES NO YES 5A HIGHER LEVEL AUDIBLE ALARM TONE NO NO YES NO YES NO YES YES 4A DISPLAY 0NG SENSOR LEVEL AND CONDITION AT PANEL YES YE5 YE5 YES YES YES YES 104 AUTO RESET NO YES NO YES NO YE5 NO BID REQUEST #B18OO132 Page 12 16. Contractor shall ensure new system is rated and in compliance with all fire and building safety codes to include the requirements of NFPA 52. 17. It is anticipated the contract for this project will be completed by August 28, 2018. Based on this date, provide your start and finish dates. TOTAL $ _ PROPOSED START DATE COMPLETION DATE A mandatory pre -bid conference will be held on July 27, 2018 at 10:30 AM, at the Weld County Fleet Services building located at 1399 North 17"' Avenue, Greeley, CO. Bids will be received up to, but not later than August 9, 2018 at 10:30 AM (WELD COUNTY PURCHASING TIME CLOCK). The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1800132. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX PRINTED NAME AND TITLE TAX ID # SIGNATURE E-MAIL DATE "ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -12. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B1800132 Page 14 ADDENDUM#1 BID REQUEST NO. B1800132 METHANE MONITORING SYSTEM DEPARTMENT OF BUILDINGS & GROUNDS - TOBY TAYLOR BID SPECIFICATIONS SHOULD ADD THE FOLLOWING: 16. Contractor will be required to coordinate any fire panel changes with the manufacturer. Any fees for changes to the fire monitoring system will be treated as a pass -through so the County can pay direct without any markup. ***We need signed copy on file. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL AUGUST 1, 2018 Wally Dubno Facility Modifications Sales Manager 1949) 437-1327 wally.dubno@cleanenergyfuels.com 4675 MacArthur Court, Suite 800 Newport Beach, CA 92660 949.437.1000 I Fax 949.724.1397 www.cleanenertwfuels.com frfr Clean Energy- August 9, 2018 Toby Taylor Purchasing Manager The Board of County Commissioners of Weld County, Colorado 1150 O Street Room #107 Greeley, CO 80631 Re: Methane Monitoring System Dear Mr. Taylor: The enclosed proposal responds to your recent RFB for a Methane Monitoring System for the Fleet Services Facility. After successfully completing the facility modification project for Greeley Evans Transit in 2016, we have again partnered with CGRS (Ft. Collins, CO) to provide this proposal for your Fleet Services building. With multiple projects completed across North America over the past 5 years we are confident we will provide a complete, working methane detection system for the Fleet Services Building. We have provided services to many other municipalities across the nation, so we are both knowledgeable and prepared to provide the same high level of service to help The Board of County Commissioners of Weld County, Colorado reach your goals for this project. You will see in this proposal that we have the infrastructure, personnel, qualifications and financial backing to offer you unparalleled services. Wally Dubno, Sales Manager, Facility Modification Services will be Weld County's primary contract during the contract management phase of this project. He can be reached at (949) 437-1327 or wally.dubno@cleanenergyfuels.com. Sincerely, Chad Lindholm Vice President, Sales North America's leader in clean transportation 16. Contractor shall ensure new system is rated and in compliance with all fire and building safety codes to include the requirements of NFPA 52. 17. It is anticipated the contract for this project will be completed by August 28, 2018. Based on this date, provide your start and finish dates. TOTAL PROPOSED START DATE COMPLETION DATE $228.716 September 4, 2018 December 14, 2018 A mandatory pre -bid conference will be held on July 27, 2018 at 10:30 AM, at the Weld County Fleet Services building located at 1399 North 17th Avenue, Greeley, CO. Bids will be received up to, but not later than August 9, 2018 at 10:30 AM (WELD COUNTY PURCHASING TIME CLOCK). The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1800132. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Clean (Meru reuistered to do business as Clean Eneru‘ Fuels Corp. BUSINESS ADDRESS 4 175 %la4.Arthur Court. Suite SOt) CITY, STATE, ZIP CODE Ness ptirt lkack C 92660 TELEPHONE NO (9'49) 4) 7-1000 FAX (949) 7N-1397 TAX ID # 95-4603747 PRINTED NAME AND TITLE Robert M. Vreeland, Chief l inancial Ol'tic:vr SIGNATURE t --- E-MAIL chad.lindiln'm a cIeanener n f uels.coiu DATE Auuust 0. 't)1 K **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -12. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno. Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director 1 BID REQUEST #B1800132 Page 14 Form W-9 (Rev. December 2014) Newburg el the Truer/ Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. 1 Name (is shown on your income tax return). Name is required on the line: do not teem the tine blank. Clean Energy 2 Business name/disregarded entity name, If different from above $, dba California Clean Energy, Clean Energy Fuels Corp., Clean Energy of California, Inc, Clean Energy CA Corp. 3 Check appropriate box for federal tax ckaNicallon- cheek only one of the following seven boxes ❑ In� proprietor a [+ C Corporatwn 0 S Corporation 0 Partnership ❑ Tnistestate ❑ Limited Rabat/ company. Enter the tax dasification (C.C corporation, S.S corporation, P.pannersnip)► Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In the Ikta above for the tax classification of the skigleariamber owner. ❑ other (see Instructions) 6" 5 Acidness (number. street, and apt. or suite no.) 4675 MacArthur Court, Ste. 800 6 City, stale, and ZP code Newport Beach, CA 92660 7 List account numbers) here (optional) 4 Exemptions (codas apply only to canon entitles, not individuals see instntctions on page 3): Exempt payee code platy) 5 Exemption from FATCA reporting code al any) E rMarw Is swans rune abbe w t1 s i Part l Requesters name end address (opUaaq Taxpayer Identification Number (TIN) Enter your 11N in the appropriate box. The TIN provided must match the name given on tine 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer Identification number (EIN). II you do not have a number, see How to get a TIN on page 3. Note. If the account Is in more than one name, see the Instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Certification Social security number or ' Employer Identification number 9 5 4 6 0 3 7 4 7 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest ar dividends, or (c) the IRS has notified me that I art no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (If any) indicating that I am exempt Certification Instructions. You must cross out Item 2 above If you have been because you have failed to report all Interest and dividends on your tax return. interest paid, acquisition or abandonment of secured property, cancellation of generally, payments other than interest end dividends, you are not required to instructions on page 3. Sign Here from FATCA reporting is correct. notified by the IRS that you are currently subject to backup withholding For real estate transactions. item 2 does not apply. For mortgage debt, contributions to an individual retirement arrangement (IRA), and sign the certification, but you must provide your correct TIN. See the Sipnahm of 41.0d." U.S. person ► General Instructions Section references ars to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W4 (such es legislation enacted after we release it) is at www.rrs.govllw9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an IntonneLon return with the IRS must obtain your correct taxpayer identification number (Tnt) which may be your social security number (SSN), individual taxpayer identlicaton number (MN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Intimation return. Examples ot information returns include. but are rot tinned to, the fallowing • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual I • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099.8 (stock Of mutual fund sates and certain other transactions by brokers) • Form 1099.5 (proceeds from real estate transactions) • Form 1099-X (merchant card rind third party network transactions) battik* /o-i4-oo1S" • Form 1098 (home mortgage Interest), 1098-E (tluden ban kaaresq, 1045-T (tuition) • Farm 1099-C (canceled debt► • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct 11N. II you do not return Form W-9 to the requester with a TIN, you night be sugiect to backup withholding. See Whet is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (a you are waling tar a nimbe- to be Issued), 2. Certify that you are not subject to backup withholding. or 3. Claim exemption from backup withholding It you are a U.S exempt payee. If applicable, you are also certifying that as a U S. person. your allocable share of any partnership Income from a U S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, IMO 4 Certify that FATCA code(s) entered on this form (d any) Indicating that you we exempt from the FATCA reporting, is e.w.ur.t. See I4hat is FATCA reporting? on page 2 to further intimation. Cat. No. 10231X Form W-9 (Rev. 12.213141 ADDENDUM#1 BID REQUEST NO. B1800132 METHANE MONITORING SYSTEM DEPARTMENT OF BUILDINGS & GROUNDS - TOBY TAYLOR BID SPECIFICATIONS SHOULD ADD THE FOLLOWING: 16. Contractor will be required to coordinate any fire panel changes with the manufacturer. Any fees for changes to the fire monitoring system will be treated as a pass -through so the County can pay direct without any markup. ***We need signed copy on file. Thank You!*** Addendum received by: Clean Energy registered to do business as Clean Energ; Fuels Corp. FIRM 4675 MacArthur Court. Suite 800 ADDRESS Nemlmrt Beach. CA 97660 CITY AND STATE /O4.1 --$4.51.4t.04. BYRobert M. Vreeland. Chief Financial Officer chad.lindholm.a clettnenerg% Iuels.corn EMAIL AUGUST 1, 2018 Our Experience and Qualifications Clean Energy is pleased to respond to the RFB from Weld County, seeking a qualified engineering and design firm to lead required modifications to Weld County's Fleet Services Facility. Clean Energy has assembled an experienced team to provide Weld County with a successful building evaluation, leading to recommendations and suggestions that will improve operations and maintenance. In 2012, Clean Energy recognized a growing need amongst our customers to modify their facilities that service and store alternative -fueled vehicles, particularly natural gas (NGV). Shortly thereafter, we established the Facility Modifications division to support customers in navigating the sometimes -confusing codes and compliance guidelines in the maintenance facility industry. We understand that a successful transit program begins with four pillars: a fueling station, reliable vehicles, efficient maintenance program and a safe, compliant vehicle maintenance facility. Today, Clean Energy is the only provider in the industry with a dedicated facility modifications team, having completed more than 2,000,000 sq. ft. of building assessments and modifications in North America. Rick Mendoza, Clean Energy Director of Facilities Modifications, leads a team of dedicated engineers who are responsible for evaluating, designing and managing facility modification projects across the nation. Mr. Mendoza has more than 25 years of engineering, design -build, and construction experience including more than 50 maintenance facility modification projects, ranging between $50,000 to over $2 million in value. John Jolly Ill, PE, LEED AP, CXA, is a licensed engineer with over 25 years of experience in the construction and consulting engineering industries. His experience includes design of HVAC systems, controls systems, installation and commissioning of controls systems, commissioning and troubleshooting of building mechanical and electrical support systems. Wally Dubno, Clean Energy Sales Manager, is responsible for answering any questions related to this RFQ and managing customer expectations during the course of this project. The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility Clean Energy' Clean Energy personnel will support this project from beginning to end. Rick Mendoza will oversee the project, and ensure it is properly staffed at all times. Clean Energy maintains a full engineering department and design/CAD department to assist every project with staffing requirements, and ensure it meets the proposed timelines. If chosen as Weld County's partner, Clean Energy will assign staff as needed upon award to ensure proper resources are available throughout the course of the project. Clean Energy will engage our partner CJTSS. Clean Energy has partnered with CJTSS for engineering services to Clean Energy for over 7 years, across more than 20 facility modification projects. CJTSS' experience with energy analysis and efficiency projects includes identification and evaluation of energy conservation measures, development of conceptual designs, development of scopes of work, field evaluations, development and application of optimized controls operating sequences to improve energy efficient operation of mechanical systems, trouble shooting of mechanical and controls systems, design energy efficient systems for both new and retrofit applications mechanical systems, and designing controls for lighting, HVAC and other mechanical systems. CJTSS is experienced in the design of medium and low voltage power systems, stand by and emergency generation as well as design of systems in hazardous classified areas. CGRS will oversee construction including mechanical and electrical trades on -site at Weld County's facility. CGRS is a Fort Collins -based contractor with a long history of successful projects throughout the state of Colorado. Eric Vaughn will act as the onsite construction manager during the construction phase of this project, working closely with Clean Energy's assigned Project manager to ensure successful project completion. r,,,,,,) Clean Energy The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility References Reference #1 Customer: Greeley Evans Transit / City of Greeley, CO Contact information: Will Jones, Transit Manager 1200 A Street Greeley, CO 80631 P: (970) 350-9751 E: will.jones@greeleygov.com Type of work: In 2014, Clean Energy provided a detailed Assessment Report to the City that contained a Gap Analysis highlighting all of the areas of the maintenance shop and bus storage area that were not compliant with current codes for servicing and storing natural gas transit buses. In 2016, Clean Energy responded to an RFP, and was awarded a design -build contract to perform the upgrades. Work was completed in late 2016. When the work was performed: 2014 and 2016 Reference #2 Customer: Cummins Inc. Contact information: Mike Hoehn, General Manager 6140 River Road Hodgkins, IL 60525 P: (708) 482-7435 E: Michael.hoehn@cummins.com Type of work: Clean Energy has provided numerous assessments for CNG and LNG facility compliance to Cummins Inc. for sites around the United States. Specifically, in early 2016, Clean Energy provided a facility assessment for a new building in the Chicago, IL area. Later in 2016, Cummins contracted Clean Energy to provide design - build services for the site based on the recommendations in the assessment report. In 2015, Clean Energy provided similar services for a facility in Omaha, NE. Clean Energy The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility When the work was performed: 2015 and 2016 Reference #3 Customer: City of Loveland, CO Contact information: Steve Kibler, Fleet Manager 500 East Third Street Loveland, CO P: (970) 962-3343 E: steve.kibler@cityofloveland.org Type of work: In 2016 Clean Energy completed an engineering assessment of two maintenance facilities for the City to assist them in developing a plan to convert their refuse and transit fleets to CNG. The studies resulted in recommendations for upgrades (gap analysis), construction plans, and cost estimates. A sample copy of this report is available to Weld County for review. When the work was performed: 2016 Reference #4 Customer: McNeilus Corporation (Las Vegas, NV) Contact information: Larry Hartman, Director of Facilities 13712 Crayton Blvd Hagerstown, MD 21742 P: (240) 313-1889 E: Ibhartmanailg.com Type of work: In 2016 Clean Energy provided an assessment of a new building that was under construction. Later in 2017, Clean Energy was contracted to provide the methane detection system for the building along with start-up, and training of the system. When the work was performed: 2017 Clean £neigy The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility Exhibit C AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CLEAN ENERGY TO DO BUSINESS AS CLEAN ENERGY FUELS CORP. FLEET SERVICES 1399 N. 17TH AVE. METHANE MONITORING SYSTEM 1.1 Completion. Full execution of this Agreement shall be deemed notice from COUNTY to CONTRACT PROFESSIONAL to commence performance under this Agreement, and CONTRACT PROFESSIONAL shall use commercially reasonable efforts to complete the work within ONE HUNDRED AND TWO (102) calendar days after the date that CONTRACT PROFESSIONAL receives all final permits and approvals to complete the Project (the "Completion Date"). 1.2 Payment of CONTRACT PROFESSIONAL Billings. CONTRACT PROFESSIONAL shall invoice COUNTY on a monthly basis for work completed. These monthly invoices may include amounts related to COR Estimates and Additional Costs. COUNTY shall pay each invoice submitted by CONTRACT PROFESSIONAL within thirty (30) days of the date a complete invoice is received by COUNTY. For purposes of this section, receipt shall be defined as three (3) days after the invoice is mailed by CONTRACT PROFESSIONAL. Any payments not made when due shall accrue interest on the unpaid amount at a rate of five percent (5%) per annum, calculated from the date payment is due to and including the date payment is received by CONTRACT PROFESSIONAL. 1.3 Additional Damages. Neither party shall have any liability to the other party for special, consequential, or incidental damages, except however in connection with a claim made against either party to this Agreement by a third party, provided that such claim arises out of or results from the negligence or willful misconduct or any other claim within the scope of the indemnity obligations of CONTRACT PROFESSIONAL or COUNTY, as applicable, under this Agreement and/or a purchase order. 1.4 Force Majeure. In the event that CONTRACT PROFESSIONAL is prevented from performing its duties and obligations pursuant to this Agreement or a purchase order by circumstances reasonably beyond its control, including, without limitation, fires, floods, labor disputes, war, acts of terrorism, the interruption of utility services, or Acts of God (hereinafter referred to as "Force Majeure"), then CONTRACT PROFESSIONAL shall be excused from performance hereunder during the period of such disability ("Force Majeure Period"). If CONTRACT PROFESSIONAL claims Force Majeure, CONTRACT PROFESSIONAL shall promptly notify COUNTY after it learns of the existence of a Force Majeure condition, and will also provide COUNTY with an estimate, if one can be reasonably made, of the anticipated Force Majeure Period. CONTRACT PROFESSIONAL will also promptly notify COUNTY after the Force Majeure condition has terminated -1- REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JULY 12, 2018 BID NUMBER: #81800132 DESCRIPTION: METHANE MONITORING SYSTEM DEPARTMENT: BUILDINGS & GROUNDS BID OPENING DATE: AUGUST 9, 2018 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County'), wishes to purchase the following: METHANE MONITORING SYSTEM - FLEET SERVICES FACILITY A mandatory pre-bld conference will be held on July 27, 2018 at 10:30 AM, at the Weld County Fleet Services building located at 1399 North 17th Avenue, Greeley, CO. Bids wi be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Thuredait. Augusta", 20188110 3OAM. (Weld County Purchaena Time Clock). PAGES 1- 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at httos://www.welduov.com/devartments/ourchasing located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchaslna at 970- 400.4222 or 4223 If you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any 1111110111 BID REQUEST #81800132 Page 2 informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of BID REQUEST #B1800132 Page 3 the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72- 204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and BID REQUEST #B1800132 Page 4 keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. BID REQUEST #B1800132 Page 5 Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts BID REQUEST #BI800132 Page 6 by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B1800132 Page 7 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Reauirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, BID REQUEST #B1800132 Page 8 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 successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subr ation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. BID REQUEST #81800132 Page 9 Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81800132 Page 10 Specifications and Scope of Work Methane Monitoring System — Fleet Services Facility SCOPE OF WORK: This bid is for providing engineering/design services and installation of a complete methane electronic monitoring and control system for the maintenance bays of the Fleet Services facility to allow the safe vehicle maintenance on CNG and LNG vehicles. This Fleet Services Facility is located in the 1399 North 17t Avenue, Greeley, CO. In 2014, a methane gas monitoring and control system was installed in at the Fleet Services Facility. It consisted of three zones: 1) small vehicle bay, 2) large vehicle bay and 3) welding bay. At various concentrations of gas detection, the system would activate safety lights, exhaust fans, open garage doors and/or shunt trip power to the entire building. The system has ceased working and the vendors originally used are no longer available. Therefore, a new monitoring system must be redesigned and constructed. 1. Weld County is seeking a team to design and install a new turn -key methane monitoring and control system that retains the capabilities of the original system. This new system will allow the repairs of both compressed natural gas (CNG) and liquified natural gas (LNG) vehicles can be resume within the building. 2. Design will consist of developing full construction plans and final As-Builts to be provided to the County. 3. Contractor is responsible for turn -key installation and commission of new system. 4. Any follow-on testing, calibration, and/or commissioning shall be performed by contractor for the first year. Training shall be provided to County personnel on calibration requirements, as required. 5. Existing hardware and components could be reused. However, the wiring inside the conduits is unknown for compatibility. Therefore, the County would require all new wiring be installed to ensure correct installation. And all wiring shall be labelled so future troubleshooting of the system could occur. 6. All components must be component must be Class 1, Division 2 Compliant. 7. The system must have a 2 -hour battery backup. 8. The individual gas detection system control units shall be listed and labeled in accordance with UL 864 or UL 2017. Gas detectors shall be listed and labeled in accordance with UL 2075 for use with the gases and vapors being detected. 9. The plans used for the entire facility modification from 2014 have been included for reference. However, the County cannot guarantee the accuracy of installed equipment or wiring of the methane monitoring system. Therefore, these should be used as reference to familiarize bidders with the scope of the prior project. 10. Contractor must provide references and examples of similar scope of work. 11. Permits are through Weld County. Permit fees through County will be waived. 12. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Payment and performance bond is required. 15. The original sequence of operation shall be maintained and is shown in the table below: BID REQUEST #B1800132 Page 11 SEQUENCE OF OPERATION MATRIX FOR CNG DETECTION SYSTEM GN6 DETECTION SYSTEM RESPONSE SEO NO OPERATION NORMAL 25% LFL GAS DETECTED LARGE BAY 50% LFL GAS DETECTED LARGE BAY 25% LFL SAS DETECTED SMALL BAY 50% LFL 6AS DETECTED SMALL BAY 25% LFL GAS DETECTED WELDING BAY 50% LFL GAS DETECTED WELDING SAY TROUBLE ZONE 1 1 GREEN LIGHT AT ALARM STATIONS IN LARGE VEHICLE BAY ON OFF OFF 2 AMBER LIGHT AT ALARM STATIONS IN LARGE VEHICLE BAY OFF ON OFF 3 RED LIGHT AT ALARM STATIONS IN LARGE vEHIGLE BAY OFF OFF ON 4 EXHAL5T FAN EF12 (LARGE VEHICLE BAY) OFF LOW SPEED HIGH SPEED 5 EXHAUST FAN EF12- MOTORIZED DAMPER CLOSED OPEN OPEN 6 MOTORIZED DAMPER FOR ROOF LOWER (EF12) CLOSED OPEN CLOSED ZONE 2 1 GREEN LIGHT AT ALARM STATIONS IN SMALL VEHICLE BAY ON OFF OFF 2 AMBER LIGHT AT ALARM STATIONS IN SMALL. VEHICLE BAY OFF ON OFF 3 RED ...1GHT AT ALARM STATIONS IN SMALL VEHICLE BAY OFF OFF ON 4 ExNAL5T FAh EF13 (SMALL VEHICLE BAY/ OFF LOW SPEED HIGH SPEED 5 EXHAUST FAN EF13 - MOTORIZED DAMPER CLOSED OPEN OPEN b MOTORIZED DAMPER FOR ROOF LOWER (EF13) CLOSED OPEN CLOSED ZONE 3 I GREEN LIGHT AT ALARM STATIONS IN YIELDING BAY ON OFF OFF 2 AMBER LIGHT AT ALARM STATIONS IN YIELDING BAY OFF ON OFF 3 RED LIGHT AT ALARM STATIONS IN YIELDING BAY OFF OFF ON 4 EXHA ST FAA EF14 (WELDING BAY) OFF ` LOA SPEED HIGH SPEED 5 EXHAUST FAN EF14 - MOTORIZED DAMPER CLOSED OPEN OPEN 6 MOTORIZED DAMPER FOR ROOF LOUVER (EF14) CLOSED r OPEN CLOSED IA GREEN LIGHTS AT ALL EXTERIOR ALARM STATIONS ON OFF OFF OFF OFF OFF OFF NO 2A AMBER LIGHTS AT ALL EXTERIOR ALARM STATIONS OFF ON OFF ON OFF ON OFF YES 3A RED LI6HT5 AT ALL EXTERIOR ALARM STATIONS OFF OFF GA OFF Oh QFF. ON YES 4A GAS MO ITO PN L 0 & NNUNCIATION N � � �� SST !� NO No YES NO YES NO YES SA - SHUNT TRIP OF B L DING POPER NO NO YES NO YES NO YES 6A AiTODIAI SUPERVISORY PER50hNEL NO YE9 YES YES TES m ' 7E5 YES ZA LOWER LEVEL AUDIBLE ALARM TONE NO YES _ NO - YES NO YES -_NO YES BA HIGHER LEVEL AUDIBLE ALARM TONE NO NO YES NO YES NO YES YES 4w DISPLAY GNG SENSOR LEVEL AND CONDITION AT PANEL YES YES YES 'YES '. YES YES YES 1OA AUTO RESET NO YES NO YES _ NO YES NO • BID REQUEST #B1800132 Page 12 16. Contractor shall ensure new system is rated and in compliance with all fire and building safety codes to include the requirements of NFPA 52. 17. It is anticipated the contract for this project will be completed by August 28, 2018. Based on this date, provide your start and finish dates. TOTAL $ _ PROPOSED START DATE COMPLETION DATE A mandatory pre -bid conference will be held on July 27, 2018 at 10:30 AM, at the Weld County Fleet Services building located at 1399 North 17th Avenue, Greeley, CO. Bids will be received up to, but not later than August 9, 2018 at 10:30 AM (WELD COUNTY PURCHASING TIME CLOCK). The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81800132. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and ail bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -12. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #61800132 Page 14 ADDENDUM#1 BID REQUEST NO. B1800132 METHANE MONITORING SYSTEM DEPARTMENT OF BUILDINGS & GROUNDS - TOBY TAYLOR BID SPECIFICATIONS SHOULD ADD THE FOLLOWING: 16. Contractor will be required to coordinate any fire panel changes with the manufacturer. Any fees for changes to the fire monitoring system will be treated as a pass -through so the County can pay direct without any markup. **'We need sinned copy on file. Thank Your** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL AUGUST 1, 2018 16. Contractor shall ensure new system is rated and in compliance with all fire and building safety codes to include the requirements of NFPA 52. 17. It is anticipated the contract for this project will be completed by August 28, 2018. Based on this date, provide your start and finish dates. TOTAL PROPOSED START DATE COMPLETION DATE $228,716 September 4. 2018 December 14, 2018 A mandatory pre -bid conference will be held on July 27, 2018 at 10:30 AM, at the Weld County Fleet Services building located at 1399 North 17"' Avenue, Greeley, CO. Bids will be received up to, but not later than August 9, 2018 at 10:30 AM (WELD COUNTY PURCHASING TIME CLOCK). SIGNATURE The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request N`6#B 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (Including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of format acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Clean Enera% reuistered to do business as Clean Enema, Fuels Corp. BUSINESS ADDRESS 4675 MacArthur Cnsui. Suite 800 CITY, STATE, ZIP CODE Newport Reach. CA 92660 TELEPHONE NO 1949►437-1000 FAX (949) 724-1397 TAX ID # 95-4603747 PRINTED NAME AND TITLE Robert M. Vreeland_ Chief Financial Officer ) pMc E-MAIL cltad,iindholm-i cieaneuerj iuels.com DATE August 8, 2018 ALL BIRD _ QVIDtA W:9 WITH .SUBMISSIONOF'rti _... 1.4 ' WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. 1 DO NC►TTNEED ifekOtAtIC PAGfj S A- Z ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B1800132 Page 14 Fenn W-9 (Rev. December 2014) Depertnent ol the 'hussy hamar Revenue Seeks Request for Taxpayer identification Number and Certification Give Form to the requester. Do not send to the IRS. I I Name (es shown on your income two return). Name N required on the the: do not team the line blank Clean Energy 2 Business nansfdoregetdad orally name, if dtMerent kom above dba California Clean Energy. Clean Energy Fuels Corp.. Clean Energy of California, Inc. Clean Energy CA Corp. 3 Check appropriate box for federal tax daUIlkalion check only one of the foaming seven boxes ❑Vitibidusgsale proprietoro► 0 C Coronation O S Corporation O PaMrrstlp O Trudfeatate ID Limited Debility company. Enter the tax dssalncation (C.C corporittion. S -S corpsmen. P.'pannaanp) le Note. Fora elngle.nen*er U .C that Is disreprdsd do not creek LIZ: deck Mt appropriate boa in the lie above for the leer at uindaeion of the sWON.member owner. OthOtherlbeekvtivatlore)► Address (number,. street sad apt. or suite no.) 4675 MacArthur Court, Ste. BOO a ay. sal.. enttErcode Newport Beach. CA 92860 7 List amount rnxniswat here (optional) 4 Exemptions (codes spoil only to cellar entitles. not individuals see hsbuctions on page 3x Exempi payee cods (der 5 Exemption tram FATCA marling cod. Fr am) E Peers r.sx..vs mrnereanhe. ti U et Requester's name end address Spaced) Part I Taxpayer Identification Number (TV* Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals. this Is miner y your social security number (SSN). However. for a resident eters, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it Is your employer Identification number (E94). If you do not have a number, sae How to get e TW on page 3. Note. If the accoset Is in more than one name, see the Instruction for line 1 and the chart on page 4 for guldelnes on whose number to enter. ® Certification Under penalties of perjury, I certify that; 1. The number shown on this form Is my correct taxpayer identification number (or I am walling for a number to be issued to me); and 2. I am not subject to baldup withholdng because (a) I am exempt from backup withholding, or ()) I have not been notMAed by the Internal Revenue Service pas) that I sm subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me thrill an no longer subject to backup withholding; and 3, 1 am a U.S. dtizen or other U.S. person peened below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out Item 2 above If you have been ratted by the IRS that you rte currently subject to backup withholding because you have failed to report al Interest and dividends on your tax return. For real estate transactions, kern 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement PRA), and generally, payments other than Intent and dividends, you are not required to sign the certification, but you must provide your correct Tgi. See the instructions oniyege 3. Sin Signature of Here US. person ► Bader securely number or r _ Ettntptoyeridenbneal1on number 9 5- 4 6 0 3 7 4 7 /414.800t lust tL,4441e 1 Data ► JO - a - o2 o l. - General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future mete. teameuon about dwtlopmNxa effecting Form W-9 (such as legislate= enacted agar we release Ig N at mew.scgov1/09. Purpose of Form An Indnldual or stay therm W4 requests) who is required to file an tnfomuemn swam with the IRS must obtain your correct taxpayer Identification number (TIN) which ener be your will eetaanynumber MN), mw tonal taxpayer Idenkrkateri numor employer fdedifiatbweb er e (MN), to an Information retadoption taxpayer Identification number urn n the amount peed to rotof other amount reportable on an Inkerrostion return, ors Examples of Information irs kekid., but re to, Wowing • Form 1099.INT (interest earned of paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, wads, or gross proceeds) • Form 1099-0 (stock or mutual fund idea and certain other transactions by bakers) • Farm 11199-S (proceeds from real esters bo►sactions) • Form 109FN (merehatd card end lhkd piety network transactions) • Form 1098 (torte mortgage Interest), 1096-E (student loan intentsl% 1098-T • Form 1099•C (canceled debt) • Form 1099•A (acquisition or abandonment of secured property) Use Form WS only if you ere s U.S. parson (Including a resident dent, to provide your oared TIN. to limo elnrp withholding. do not ~ Sew W.9Me Is backup r«drho el gP on � Wald a =IOW By signing the filled out form, you: I. Carry I the Iu t T1N you are giving Is correct (or you we wring for a number to 2. Certify that you we not subject to backup waihotdng, or 3. Clain aarepdon kom bade vratesidIng If you area U.S exempt payee. If applicable, you are also swerving rat as a U.S.person. your aaaabks share of any partnership Income tom a U.S, bade or buieu Is not subject to the withholding lax on foreign partners' share of effectively connected income, and 4 Curtly that FATCA code(s) entered on title form Of any) Indicating Met you we exempt front the FATCA reporting, le correct See tWIst Is FATCA reporsng9 on page 2 for Leper Wonsallon, Cat. No, 10231X FO1111 W-9 (Rev. 12-2014) ADDENDUM#1 BID REQUEST NO. B1800132 METHANE MONITORING SYSTEM DEPARTMENT OF BUILDINGS & GROUNDS - TOBY TAYLOR BID SPECIFICATIONS SHOULD ADD THE FOLLOWING: 16. Contractor will be required to coordinate any fire panel changes with the manufacturer. Any fees for changes to the fire monitoring system will be treated as a pass -through so the County can pay direct without any markup. *`*We need cloned cony on file. Thank Your** Addendum received by: Clean Energy registered to do business as Clean Energy Fuejs Corp. FIRM 4675 MacArthur Court. Suite Rt1) ADDRESS Nvport loch_ CA 92660 CITY AND STATE ,514efie. BYRobert M. Vreeland. Chief Financial Officer chad_ lindholm, it c leanenerev fluels.corn EMAIL AUGUST 1, 2018 Our Experience and Qualifications Clean Energy is pleased to respond to the RFB from Weld County, seeking a qualified engineering and design firm to lead required modifications to Weld County's Fleet Services Facility. Clean Energy has assembled an experienced team to provide Weld County with a successful building evaluation, leading to recommendations and suggestions that will improve operations and maintenance. In 2012, Clean Energy recognized a growing need amongst our customers to modify their facilities that service and store alternative -fueled vehicles, particularly natural gas (NGV). Shortly thereafter, we established the Facility Modifications division to support customers in navigating the sometimes -confusing codes and compliance guidelines in the maintenance facility industry. We understand that a successful transit program begins with four pillars: a fueling station, reliable vehicles, efficient maintenance program and a safe, compliant vehicle maintenance facility. Today, Clean Energy is the only provider in the industry with a dedicated facility modifications team, having completed more than 2,000,000 sq. ft of building assessments and modifications in North America. Rick Mendoza, Clean Energy Director of Facilities Modifications, leads a team of dedicated engineers who are responsible for evaluating, designing and managing facility modification projects across the nation. Mr. Mendoza has more than 25 years of engineering, design -build, and construction experience including more than 50 maintenance facility modification projects, ranging between $50,000 to over $2 million in value. John Jolly Ill, PE, LEED AP, CXA, is a licensed engineer with over 25 years of experience in the construction and consulting engineering industries. His experience includes design of HVAC systems, controls systems, installation and commissioning of controls systems, commissioning and troubleshooting of building mechanical and electrical support systems. Wally Dubno, Clean Energy Sales Manager, is responsible for answering any questions related to this RFQ and managing customer expectations during the course of this project. Clean Energy The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility Clean Energy personnel will support this project from beginning to end. Rick Mendoza will oversee the project, and ensure it is properly staffed at all times. Clean Energy maintains a full engineering department and design/CAD department to assist every project with staffing requirements, and ensure it meets the proposed timelines. If chosen as Weld County's partner, Clean Energy will assign staff as needed upon award to ensure proper resources are available throughout the course of the project. Clean Energy will engage our partner CJTSS. Clean Energy has partnered with CJTSS for engineering services to Clean Energy for over 7 years, across more than 20 facility modification projects. CJTSS' experience with energy analysis and efficiency projects includes identification and evaluation of energy conservation measures, development of conceptual designs, development of scopes of work, field evaluations, development and application of optimized controls operating sequences to improve energy efficient operation of mechanical systems, trouble shooting of mechanical and controls systems, design energy efficient systems for both new and retrofit applications mechanical systems, and designing controls for lighting, HVAC and other mechanical systems. CJTSS is experienced in the design of medium and low voltage power systems, stand by and emergency generation as well as design of systems in hazardous classified areas. CGRS will oversee construction including mechanical and electrical trades on -site at Weld County's facility. CGRS is a Fort Collins -based contractor with a long history of successful projects throughout the state of Colorado. Eric Vaughn will act as the onsite construction manager during the construction phase of this project, working closely with Clean Energy's assigned Project manager to ensure successful project completion. Clean Energy The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility References Reference #1 Customer: Greeley Evans Transit / City of Greeley, CO Contact Information: Will Jones, Transit Manager 1200 A Street Greeley, CO 80631 P: (970) 350-9751 E: will.jones@greeleygov.com Type of work: In 2014, Clean Energy provided a detailed Assessment Report to the City that contained a Gap Analysis highlighting all of the areas of the maintenance shop and bus storage area that were not compliant with current codes for servicing and storing natural gas transit buses. In 2016, Clean Energy responded to an RFP, and was awarded a design -build contract to perform the upgrades. Work was completed in late 2016. When the work was performed: 2014 and 2016 Reference #2 Customer: Cummins Inc. Contact information: Mike Hoehn, General Manager 6140 River Road Hodgkins, IL 60525 P: (708) 482-7435 E: Michael.hoehn@cummins.com Type of work: Clean Energy has provided numerous assessments for CNG and LNG facility compliance to Cummins Inc. for sites around the United States. Specifically, in early 2016, Clean Energy provided a facility assessment for a new building in the Chicago, IL area. Later in 2016, Cummins contracted Clean Energy to provide design - build services for the site based on the recommendations in the assessment report. In 2015, Clean Energy provided similar services for a facility in Omaha, NE. erine Clean Energy The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility When the work was performed: 2015 and 2016 Reference #3 Customer: City of Loveland, CO Contact information: Steve Kibler, Fleet Manager 500 East Third Street Loveland, CO P: (970) 962-3343 E: steve.kibler@cityofloveland.org Type of work: In 2016 Clean Energy completed an engineering assessment of two maintenance facilities for the City to assist them in developing a plan to convert their refuse and transit fleets to CNG. The studies resulted in recommendations for upgrades (gap analysis), construction plans, and cost estimates. A sample copy of this report is available to Weld County for review. When the work was performed: 2016 Reference #4 Customer: McNeilus Corporation (Las Vegas, NV) Contact information: Larry Hartman, Director of Facilities 13712 Crayton Blvd Hagerstown, MD 21742 P: (240) 313-1889 E: Ibhartmanaila.com Type of work: In 2016 Clean Energy provided an assessment of a new building that was under construction. Later in 2017, Clean Energy was contracted to provide the methane detection system for the building along with start-up, and training of the system. When the work was performed: 2017 The Board of County Commissioners of Weld County, Colorado Methane Monitoring System Fleet Services Facility Clean Energy DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 August 29, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Methane Monitoring System — Fleet Building; Bid (B1800132) As advertised, this bid is for repair of the methane monitoring system at the Fleet Services building that is no longer supported. The low bid from is from Clean Energy Fuels Corp. and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Clean Energy Fuels Corp. for $228,716. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director aov--sR, Log DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 August 24, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Methane Monitoring System — Fleet Services Facility; Bid (B1800132) As advertised, this bid is for replacing the Methane Monitoring System at the Fleet Services Building. Buildings & Grounds is requesting a one week extension on approval with the new approval date to be scheduled for September 5, 2018 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director -20‘? -astA WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley, CO 80631 E -Mail: rturf(a7weldgov.com E -Mail: reverett(weldgov.com E-mail: cmpeters(c�weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: AUGUST 9, 2018 REQUEST FOR: METHANE MONITORING SYSTEM - FLEET SERVICES FACILITY DEPARTMENT: BUILDINGS & GROUNDS BID NO: #61800132 PRESENT DATE: AUGUST 13, 2018 APPROVAL DATE: AUGUST 27, 2018 VENDOR TOTAL START DATE END DATE CLEAN ENERGY FUELS CORP. $228,716 09/04/2018 12/14/2018 4675 MACARTHUR COURT, SUITE 800 NEWPORT BEACH, CA 92660 The Department of Buildings & Grounds will review the bids. 2018-2564 g/. 3 a Hello