HomeMy WebLinkAbout20161661.tiffBOARD OF COUNTY COMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Prometheus Energy Group, Inc. Agreement Extension Renewal
DEPARTMENT: Fleet Services on DATE: December 5, 2018
behalf of Public Works
PERSON REQUESTING: David Springer (5:"
Brief description of the problem/issue:
Prometheus Energy Group, Inc. provides service work and repairs for the LNG (Liquid Natural Gas) fuel site,
which fuels Weld County vehicles that require LNG.
The BOCC signed the original agreement with Prometheus Energy Group, Inc. in December 2016 (agreement
No. 20161661) that includes a clause to extend the Original Agreement for an additional one-year period, which
will begin January 1, 2019, and will end on December 31, 2019. There are no changes to the original agreement,
all other terms and conditions remain unchanged.
The attached agreement extension between the Board of Weld County Commissioners and Prometheus Energy
Group, Inc. on behalf of the Weld County Public Works Department, provides repair services from January 1,
2019 through December 31, 2019.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Weld County Fleet Service Department is required to provide Public Works Department with LNG fuel for
their vehicle that require LNG to operate. Prometheus is certified to provide technical support, parts, and
service.
Recommendation:
Weld County Fleet Service recommends that the Board approve the extension agreement for an additional term.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve Schedule
Recommendation Work Session
Other/Comments:
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CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AND PROMETHEUS ENERGY GROUP, INC.
This Agreement Extension/Renewal ("Renewal"), made and entered into 27 day of December, 2018, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the
"Department", and Prometheus Energy Group, Inc., hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 20161661, approved on December 19, 2016.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on December 31,2018.
• The parties agree to extend the Original Agreement for an additional 1 year period, which will begin January 1, 2019, and
will end on December 31, 2019..
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
1. No changes to the original agreement.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno , Chair
ATTEST: , d'40 `r' "C"'
eld County Clerk to the Board
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MEMORANDUM
TO: Board of County Commissioners
DATE: December 27, 2017
FROM: Elizabeth Relford, PW Deputy Director
SUBJECT: Prometheus LNG Fueling and
Maintenance Contract
As you know, this year Prometheus Energy Group acquired Stabilis Energy whom the
county had an existing contract for liquefied natural gas (LNG) fuel supply and
maintenance of the LNG fueler. On November 6, 2017, the Board accepted the
assignment of Stabilis contract to Prometheus Energy Group, Inc.
The current LNG fuel and service agreement expires on December 31, 2017; therefore,
staff is requesting the second renewal of the three-year contract, which would extend the
contract to expire in December of 2018. There are no changes to fuel or maintenance
service pricing with this renewal.
I'm available to answer any questions you may have.
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CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AND PROMETHEUS ENERGY GROUP, INC.
This Agreement Extension/Renewal ("Renewal"), made and entered into 27 day of December, 2017, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the
"Department", and Prometheus Energy Group, Inc., hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 20161661, approved on December 19, 2016.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end onDecember 31. 2017.
• The parties agree to extend the Original Agreement for an additional 1.year_period, which will begin January 1, 2018, and
will end on December31, 2018..
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
1. No changes to the original agreement.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie A. Cozad, Chair 2 7 20
ATTEST:
Weld • u t . Clerk to the B+ar
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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
November 2, 2017
To: Board of County Commissioners
From: Toby Taylor
Subject: Prometheus Assignment Letter
Weld County entered into an agreement with Stabilis Energy (20161661) for a Liquified Natural Gas (LNG)
fueler with associated maintenance and fuel supply.
Stabilis Energy was recently acquired by Prometheus Energy Group, Inc. The attached letter is to
acknowledge Prometheus Energy Group, Inc assignment of the Stability Energy contract (20161661) for
LNG fueler associated maintenance and fuel supply.
Buildings and Grounds is recommending acceptance of this assignment.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
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Stabilis
E N E R G Y
September 30, 2017
Mr. Toby Taylor
County of Weld Colorado
1105 H Street, P.O. Box 758
Greeley, CO 80632
Re: Consent to Assign Letter
Stabilis Energy, Inc.
1655 Louisiana St.
Beaumont, TX 77701
(866) LNG -Fuel
Stabilis Energy, Inc. ("Stabilis") has entered into a Membership Interest and Asset Purchase
Agreement whereby Prometheus Energy Group, Inc. ("Prometheus") will be assuming all of Stabilis'
customer contracts within the Rocky Mountain region. The supply of LNG fuel and services to the
County of Weld Colorado are covered by the Liquefied Natural Gas Fuel & Services Agreement (the
"Agreement") dated May 24, 2016 between Stabilis and the County of Weld Colorado.
Accordingly, Stabilis hereby requests your consent to the assignment of the Agreement to
Prometheus effective October 1, 2017. Upon execution of the assignment, Prometheus will assume the
rights and obligation of Stabilis under the Agreement on, from, and after the effective date of such
assignment. From and after the effective date of the assignment, Prometheus will be a party to the
Agreement, will be bound by the provisions of the Agreement and will have the rights and obligation
previously held by Stabilis thereunder.
Please execute the letter in the space provided below to indicate your consent to the
assignment in accordance with the terms of this letter. Upon execution, please email a signed copy of
the letter to my attention at jim.reddinger@stabilisenergy.com with copy to Jim Aivalis at
jaivalis@prometheusenergy.com.
Thank you for your prompt attention to this matter. Should you have any questions or
comments regarding the above, please feel free to contact me at (312) 953-0954.
Sincerely,
Stabilis Energy, Inc.
By:
Name: Jim Redding r
Title: President
A ee to this day
of r ,�, �2 , 2017
County of Weld Colorado
B
NOV 0 6 2017
Name: Julie A. Cozad
Chair, Board of Weld
Title: County Commissioners
020/4,-/G6/
MEMORANDUM
TO: Board of County Commissioners
DATE: December 19, 2016
FROM: Elizabeth Relford, Transportation Manager
SUBJECT: Stabilis Energy LNG Fueling and
Maintenance Contract
Weld County has an existing LNG fueling and service agreement with Stabilis Energy,
which was executed in May of 2016. The county purchases bulk LNG from Stabilis to fuel
Public Work's LNG fleet. This contract is also for Stabilis to provide maintenance services
annually, with the option to renew in accordance with procurement standards.
Staff is requesting the first renewal of a three year renewal contract, which would extend
the existing contract to expire in December of 2017. There are no changes to fuel or
maintenance service pricing with this renewal.
I'm available to answer any questions you may have.
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Stabilis LNG Fueling Contract
DEPARTMENT: PUBLIC WORKS DATE: 11/30/I6
PERSON(S) REQUESTING: Elizabeth Relford
Brief description of the problem/issue:
The attached contract is to renew the existing fuel and service agreement with Stabilis Energy that was
approved on May 25, 2016. There are no changes to the fuel or service pricing. The extension of this 2017
contract is the first renewal of a three year renewal contract option.
Recommendation to the Board:
Public Works recommends approval to renew the existing contract for another year and placing it on the next
available BOCC agenda.
Mike Freeman, Chair
Sean P. Conway, Pro Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
la -t9 -Re
Approve Schedule
Recommendation Work Session
mcr
Comments
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CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORK
AND STABILIS ENERGY SERVICES, LLC
This Agreement Extension/Renewal ("Renewal"), made and entered into a day of December, 2016, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the
"Department", and Stabilis Energy Services. LLC, hereinafter referred to as the "Contractor".
WHEREAS the parties entered Into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 20161661approved on May 25. 2016.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on December 31, 2016.
• The parties agree to extend the Original Agreement for an additional 1 year period, which will begin January 1, 2017, and
will end on December 31, 2017.
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
1. No changes to the original agreement.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR:
Alexine Hazarian
Printed Name
Signature
ATTEST: d
Weld
BY:
Deputy Cle P to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair DEC 1 9 201E
cQ(Y/ ) Le Le /
RESOLUTION
RE: APPROVE AGREEMENT FOR LIQUEFIED NATURAL GAS FUEL AND SERVICE AND
AUTHORIZE CHAIR TO SIGN - STABILIS ENERGY SERVICES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Liquefied Natural Gas
Fuel and Service between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Stabilis
Energy Services, LLC, commencing and ending December 31, 2016 with further terms and
conditions being as stated in said agreement allowing the option to renew for three subsequent
annual terms, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Liquefied Natural Gas and Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and Stabilis Energy Services, LLC, be and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of May, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
AP
Moreno
ty Clerk to the Board
Coun y Attorney
Date of signature: P i a--1/ I
ORM:
-
Mike Freeman, Chair
Sean P. C nway, Pro-Te
Tillie A. ozad
EXCUSED
Barbar- Kirkmeyer
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2016-1661
EG0073
MEMORANDUM
TO: Board of County Commissioners
DATE: May 25, 2016
FROM: Elizabeth Relford, Transportation Manager
SUBJECT: Stabilis Energy LNG Contract
The contract before you today is a fuel and service agreement with Stabilis Energy. The
county will be purchasing bulk LNG from Stabilis to fuel Public Work's LNG fleet. This will
amount to a $1 per gallon savings from what the county currently pays now to fuel.
This contract is also for Stabilis to provide maintenance services annually, with the option
to renew in accordance with procurement standards.
Due to the project's time constraints, the equipment, fuel, and maintenance services were
bid simultaneously in B1600028. The request for proposals and Stabilis bid response is
attached as Exhibits A and B.
As you may recall, Weld County and Stabilis Energy entered into a contract in the amount
of $550,000 for the purchase, installation, and commissioning of the LNG equipment at
1755 Holly Avenue, which is consistent with the available grant funds for the project and
the timeline for which the project has to be completed. This project is mostly funded with
Congestion, Mitigation, Air Quality (CMAQ) program funds from the North Front Range
Metropolitan Planning Organization (NFR MPO) for fiscal year (FY) 2014. Weld County's
local match for the project is $86,000 and the federal funding is for $464,000 for a total
project cost of $550,000.
The grant deadline for this project is July, therefore, the contract deadline for Stabilis
Energy is June 1, 2016.
The contract before you today is a fuel and service agreement. The county will be
purchasing bulk LNG from Stabilis to fuel the PW LNG fleet. This will amount to a $1 per
gallon savings from what the county currently pays now to fuel.
I'm available to answer any questions you may have.
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Liquefied Natural Gas Fuel and Service Agreement
This SERVICE ORDER dated and effective as of May 24, 2016 is made 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
Stabilis Energy Services LLC, a limited liability corporation, who whose address is 470 Orleans Street,
7'^ Floor, Beaumont, TX 77701, hereinafter referred to as "Supplier".
WHEREAS, This Agreement is being entered into by the County of Weld and Stabilis in connection with the
Agreement, signed March 9, 2016 and referenced by Weld County Tyler Number 20160620, between Weld
County and Stabilis Energy LLC for the Design/Build Turnkey Operation to provide fuel for NG Fueling
Equipment on Weld County Property located at 1755 Holly Avenue, Greeley, CO 80631); and
WHEREAS, Supplier is engaged in the business of selling Liquefied Natural Gas ("LNG") and providing LNG
related maintenance services; and
WHEREAS, County wishes to enter this agreement from the effective date until December 31, 2016 with the
option to renew the contract for three subsequent annual terms; and
WHEREAS, County wishes to purchase bulk LNG and maintenance services from Supplier on the terms
conditions described below; and
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
hereby agree as follows:
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A
and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated
herein by this reference. County and Contract Professional acknowledge and agree that this Agreement,
including specifically Exhibits A and B, 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.
81600028". 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.
A. Product and Delivery. Supplier will supply LNG to be delivered to County's mobile fueler in Greeley,
CO (the "Delivery Location"), on a date as the Parties agree.
B. Delivery Ticket. For each Delivery, Supplier shall provide a delivery ticket that details the Delivery
Location, date, time, and net weight of LNG delivered ("Delivery Ticket").
C. Title and Risk of Loss. County shall take delivery of the LNG at the Delivery Location when the
product has been transferred to the mobile fueler. Title to and risk of loss associated with the LNG
shall transfer from Supplier to County after transfer of the Product into the mobile fueler has been
completed at the Delivery Location.
0,2/& - /((_/
D. Payment. County shall purchase the LNG in a bulk sale and shall pay for the Net Volume of same in
accordance with the following terms:
a. All amounts are to be paid in United States dollars (USD).
b. The net weight of the LNG Facility's ticket will be converted from pounds to LNG Gallons
using a conversion factor of 3.49 pounds per LNG Gallon or 82,644 BTU. Accordingly, 1.667
LNG gallons provides the energy equivalent of 1 gallon of diesel fuel (DGE).
c. All Prices set out in this Service Order are exclusive of any sales, use, value added tax, levies,
withholding, newly imposed, export or other similar taxes or surcharges imposed on the
provision of LNG or services ("Taxes"). Supplier shall collect, remit and pay all Taxes
associated with the supply of LNG and services under this Service Order. Each Party is
responsible to pay its own taxes under this Service Order including without limitation taxes
on its income and personnel.
d. Supplier shall invoice the County on a weekly basis for all purchases and services of LNG.
County shall make payment by ACH on all undisputed charges within ten (10) business days
of the date on an invoice. If the weekly invoice contains errors, the County shall advise
supplier within seven (7) business days of the invoice date. For purposes of this Agreement,
business days shall be Monday to Friday excluding U.S. Federal Reserve bank holidays.
e. The threshold price per LNG Gallon delivered shall be determined as follows:
i. Cost of fuel will include (a) natural gas commodity cost calculated as index price
as published by Inside FERC for Northwest Pipeline (Rockies) at the first of the
month ($ per MMBtu) multiplied by a conversion factor of 0.082 and (b)
standard liquefaction cost from supply source.
ii. Other costs include transportation and service fees associated with the fuel
delivery not to exceed $2.00 per LNG gallon.
iii. Pricing does not include taxes as Weld County is sales tax exempt. Weld County
will provide sales tax and excise tax exempt certificates to Stabilis.
f. The overhead and profit for Supplier is $0.25 per LNG gallon above the threshold price.
Supplier shall provide support documentation with each billing to show the threshold fuel
price along with the $0.25 overhead and profit per LNG gallon for each invoice.
Weld County will pay for the fuel that is used. On average, Weld County uses 6,000 DGE
a month.
g.
E. Operation, Maintenance and Services. Supplier will provide the following services to County:
Operation and Maintenance
a. Supplier is expected to perform the "Monthly to Quarterly Inspections and Maintenance"
and the "Annual or as Required Inspections and Maintenance" on the LNG Fueler as
described in Exhibit R. Daily and weekly maintenance checks will be County responsibility.
The supplier may charge the County for actual inspection and maintenance costs so long as
all related costs do not exceed the costs provided in Exhibit B, without written approval
from Weld County. The Supplier may hire a qualified third -party to conduct the inspections
and maintenance activities. Supplier is expected to provide quotes based on reasonable
rates of third party support and the loaded labor rate below for each check. Quotes will be
approved by County for routine and non -routine prior to work commencing.
b. Supplier will make a technician available to provide support, maintenance and service to the
LNG Equipment on an on -call basis by calling 1 -806 -LNG -FUEL (564-3835).
c. The loaded labor rate for an operator (technician) is $125.00 per hour plus travel and
materials.
d. Materials will be charged at cost plus twenty-five (25) percent. Invoices should provide the
cost of materials along with identifying the mark up.
Fuel Service
a. County elects to have 24/7 remote monitoring services provided by Supplier at $250 per
month. Remote monitoring services provides monitoring and access to mobile fueler
alarms, pressure and volume. Supplier will maintain wireless services for both radios,
provide customized reports and alarms. Stabilis will reimburse the County for a portion of
the monitoring fee or for 200 LNG gallons per day for every day the fueler is out of fuel.
b. Supplier will notify Weld County of alarms or items needing attention and/or Supplier's
response to correct an anomaly.
c. Supplier and its contractors will have unlimited access to the mobile fueler in order to
provide fueling services at their discretion unless otherwise notified by the County.
F. Invoicing. Supplier shall send invoices electronically as instructed by County to
r weidenketter(DweIcJ ov.com or to:
Weld County Public Works
1111 H Street
Pa Box 758
Greeley, CO 80632
Attention: Mona Weidenkeller
G. Termination.
a. Subject to earlier termination in accordance with section B below, the term of this
Agreement shall be commencing on the Effective Date, and expiring on June 30, 2018 and
shall automatically renew no more than four (4) additional one (1) year terms, each
commencing on the anniversary of the Effective Date, unless Supplier or the County provide
written notice of intention not to renew no less than 60 days prior to the expiration of the
then -current term.
b. Supplier may terminate this Agreement, or any part therefore, with or without cause on
sixty (60) days written notice ty, in the event of a default of County, including without
limitation, default in making any payment in fuel when due, breach of the Agreement,
serious misconduct or criminal activity, conflict of interest, insolvency or bankruptcy,
whereupon all or any portion of the County's obligations to Supplier, upon Supplier's
election without notice, shall become immediately due and payable upon demand; or
c. County has the right to terminate this Agreement, with or without cause on sixty (60) days
written notice. Furthermore, this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement.
d. Upon termination, County shall take possession of all materials, equipment, tools and
facilities owned by County which Contractor is using, by whatever method it deems
expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it
has completed or partially completed under this Agreement, together with all other items,
materials and documents which have been paid for by County, and these items, materials
and documents shall be the property of County.
H. Warranty. Supplier warrants only that the LNG delivered to County shall not contain less than a 75
methane number. Supplier shall provide gas quality reports to County upon County's Request.
SUPPLIER HEREBY DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
I. Indemnity, County acknowledges that it has full knowledge of the hazards associated with the
storage, distribution and use of LNG and County hereby assumes all responsibility for warning its
personnel and any third parties, as applicable, of such hazards.
J. Compliance with taws. Each party will be responsible for compliance with all laws, regulations,
decrees, international conventions, and any other directives applicable to the party's obligations
under this Agreement and to the parties respective use, storage and transportation of the LNG,
including export and re-export control laws and regulations. Specifically, County warrants and
agrees that it will not export the LNG outside the continental United States or insert the LNG, in any
form, in any pipeline.
K. Waiver of Consequential Damages. Neither Party shall be obligated for lost profits, economic loss,
lost production, equipment downtime, stand-by fees or expenses for personnel or equipment,
delayed operations or other business interruption or any other special, consequential or incidental
damages whether arising under warranty, failure of essential purpose, agreement, guarantee, tort
(including but not limited to negligence), strict liability, violation of law, or otherwise and whether
or not resulting from or contributed to by the default or negligence of either Party, its agents,
employees, or Suppliers, which might be claimed as the result of the use or failure of the LNG or
services provided hereunder.
L. Force Majeure. The Parties shall be excused from their respective performances hereunder if
performance has been prohibited or delayed by any foreseeable or unforeseeable cause(s) beyond
the reasonable control of the party claiming excuse ("Force Majeure"). Such shall include without
limitation, ads of God, fire, explosion, strike, serious and adverse weather conditions, civil or public
disturbance, riots, inability to obtain necessary authorizations, failure of supply or inability to
produce or obtain supply, governmental regulations or requirements, destruction, damage to, or
failure of LNG production facilities; breakdown of wells, pipe, machinery, equipment or terminal
facilities. Notwithstanding the forgoing, a lack of funds, the availability of a more attractive market,
or inefficiencies in operations do not constitute events of Force Majeure.
M. 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.
N. 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
May 2016.
CONTRACTOR:
STABILIS ENERGY SERVICES LLC
By:
Name: Alexine Hazarian
Title: ,Manager, Supply and Logistics
Date C 1 2.q C Zo ! to
WELD COUNTY:
ATTEST:
airAdAi Jeico;e1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF WELD COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair MAY 2 5 2016
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
of General Services
020/ - /v /
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: January 20, 2016
BID NUMBER: B1600028
DESCRIPTION: Turnkey Purchase, Installation, Commissioning & Operation of LNG Fueling Equipment
MANDATORY PRE -BID CONFERENCE DATE: January 27, 2016
BID OPENING DATE: February 10, 2016 at 10:00 a.m.
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Director of
General Services (collectively referred to herein as, "Weld County"), wishes to purchase, install
and commission Liquefied Natural Gas (LNG) Fueling Equipment to fuel LNG Fleet vehicles.
The project in general consists of a turnkey LNG facility to be located on Weld County property
for fueling of heavy duty LNG trucks.
A mandatory pre -bid conference will be held at 10:00 a.m., on January 27, 2016, at the Weld
County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley.
Bidders must participate and record their presence at the pre -bid conference to be allowed to submit
bids.
Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the
Weld County Purchasing Department in the Weld County Administrative Building, 1150O Street Room
#107 Greeley CO 80631 until: 10:00 am. on February 10, 2016 (Weld County Purchasing Time
Clock).
PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1 - 12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE
12.
2. INVITATION TO BID:
Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or
services.
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. Merchandise and/or equipment shall be
delivered to the location(s) specified herein.
You can find bid information on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids.
Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky
BID NO #B1600028 Page 1
Mountain E -Purchasing System (BidNetO) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Delivery to Weld County — 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g 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. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must
include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If
more than one copy of the bid is requested, you must submit/mail hard copies of the bid
proposal.
3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with
the bid title and bid number on it. Please address to: Weld County Purchasing
Department, 1150 O Street, Room #107 Greeley, CO 80631.
Please call Purchasing at 970-336-7225 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 the bid of the individual signing. When requested by the Weld
County Director of General Services, satisfactory evidence of the authority of the officer signing on
behalf of a corporation shall be furnished. 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.
Bids may be withdrawn upon written request to and approval of the Weld County Director of General
Services; 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.
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 Director of General
Services for the premature opening of a bid not properly addressed and identified.
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. Weld County reserves the right to reject any and all bids, to waive any informality in the
bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of
County Commissioners, is to the best interests of Weld County.
BID NO #B1600028 Page 2
Qualification of Bidders: Qualification statements, attached with this document, are required to be
completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed
for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit
qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in
evaluating the Bidder's qualifications following the opening of Bids:
Experience and performance records on similar work.
Ability to complete the Work within the Contract Time.
Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize
himself with the Work, the site where the Work is to be performed, local labor conditions and all local,
state and federal laws, ordinances, rules, regulations and other factors affecting performance of the
Work. He shall carefully correlate his observations with requirements of the Contract Documents and
Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the
Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he
has complied with every requirement of this paragraph.
Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers
ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings
shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by
Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract
Document holder of record. Unless approved by the Director of General Services, no
interpretation Addenda will be issued within the last seven (7) days before the date set for opening
of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or
Drawings other than by duly issued Addenda.
Preparation of the Bid: 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. Bids by partnerships must be executed in the partnership name and
signed by a partner. His title must appear under his signature and the official address of the
partnership must be shown below the signature. Bids by corporations must be executed in the
corporate name by the president or a vice president (or other corporate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be shown below the
signature. Names of all persons signing must be printed below their signatures. A power of attorney
must accompany the signature of anyone not otherwise authorized to bind the Bidder.
Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document
duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to
be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw
Bids by electronic communication at any time prior to the time set for receiving Bids provided the
instruction is positively identified. Any electronic modification should not reveal the amended Bid price,
but should provide only the addition, subtraction or modification. A duly executed document confirming
the electronic modification shall be submitted within three days after Bids are opened. The Director of
General Services may at his sole discretion, release any Bid at any time.
4. AWARD AND EXECUTION OF CONTRACT
Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be
to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld
County intends to award the Contract to the lowest responsible Bidder within the limits of funds
available and to best serve its interests. The County reserves the right to waive informalities and/or
irregularities and to reject any or all bids.
BID NO #B1600028 Page 3
Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers.
All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The
experience statement with pertinent information on similar Projects shall be furnished with the name of
each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the
Bidder and accepted by County prior to the Notice of Award will be required in the performance of the
Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms.
Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the
Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10)
calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld
County as additional insured. Failure to execute the contract and furnish the required paperwork
within the time frame mentioned above shall be just cause for the annulment of the Award and, in the
event of such annulment, the Award may then be made to another Bidder, or the County may reject all
Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid,
Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice
to Proceed.
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, product
specifications and scope of services), the successful bidder's response, 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. The County may require a
separate contract, which if required, has been made a part of this RFP.
5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND
The successful Bidder shall be required to execute the Performance Bond and Labor & Materials
Payment Bond in the amount of 100% of the Contract plus the value of the force account items,
covering the faithful performance of the Contract and the payment of all obligations arising there -under.
The Bonds shall be executed on the forms included with the Contract Documents by a surety company
authorized to do business in the State of Colorado and acceptable as surety to Weld County. The
Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract.
6. INDIRECT COSTS
Governmental Fees: The cost of all construction licenses, buildin and other permits, and
governmental inspections required by public authorities for performing the ork, which are applicable
at the time Bids are opened and which are not specified to be obtained by the County, shall be included
in the Bid price.
Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and
incorporated in the Work shall be included in the Bid price.
Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water,
sanitary, gas, telephone, and similar facilities and services required by him in performing the Work.
Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead
costs and profits on account of cash allowances named in the Bid Documents.
7. SITE CONDITIONS
Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the
following:
Nature and location of the site where the Work is to be performed.
BID NO #B1600028 Page 4
Character, quality, and quantity of surface and subsurface materials, water, structures and
utilities to be encountered.
Character of construction equipment and facilities needed for performance of the Work.
General local conditions.
Availability of lands as set forth in the General Conditions.
Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions
for provisions concerning access to the site during performance of the Work. The Bidder shall carefully
review the locations of the site where the work is to be performed. The Bidder shall make all
arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to
beginning the work.
8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
S uccessful 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
n ot 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
u ndertake pre -employment screening or job applicants while this Agreement is being performed. If
S uccessful 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
o r 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
u nder 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
S uccessful 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
u nder the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms
BID NO #B1600028 Page 5
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.
9. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of the 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. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial 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., with regard to
public records, and cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now
or hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to the contract. Neither the
successful bidder nor any agent or employee thereof shall be deemed to be an agent or
employee of Weld County. The successful bidder and its employees and agents are not entitled
to unemployment insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful bidder or any of
its agents or employees. Unemployment insurance benefits will be available to the successful
bidder and its employees and agents only if such coverage is made available by the successful
bidder or a third party. The successful bidder shall pay when due all applicable employment
taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract.
The successful bidder shall not have authorization, express or implied, to bind Weld County to
any agreement, liability or understanding, except as expressly set forth in the contract. The
successful bidder shall have the following responsibilities with regard to workers' compensation
and unemployment compensation insurance matters: (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, and
(b) provide proof thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall
be null and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall
give or allow any claim or right of action whatsoever by any other person not included in the
BID NO #B1600028 Page 6
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.
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 faithfully perform the work in accordance with the standards of professional care,
skill, training, diligence and judgment provided by highly competent contractors performing
construction services of a similar nature to those described in this Agreement. 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.
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, The successful bidder'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.
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
BID NO #B1600028 Page 7
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_ Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
construction services shall be performed by qualified personnel in a professional and workmanlike
manner, consistent with industry standards, and that all construction 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. This warranty shall commence on the date of County's final
inspection and acceptance of the Project.
P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the
successful bidder to assign or transfer its rights hereunder without such prior approval by County
shall, at the option of County, automatically terminate this Agreement and all rights of the
successful bidder hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure
is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use
other contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County
has any personal or beneficial interest whatsoever in the service or property which is the subject
matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,
that would in any manner or degree interfere with the performance of the successful bidder's
services and the successful bidder shall not employ any person having such known interests.
During the term of this Agreement, the successful bidder shall not engage in any in any business
or personal activities or practices or maintain any relationships which actually conflicts with or in
any way appear to conflict with the full performance of its obligations under this Agreement. Failure
by the successful bidder to ensure compliance with this provision may result, in County's sole
discretion, in immediate termination of this Agreement. No employee of the successful bidder nor
any member of the successful bidder's family shall serve on a County Board, committee or hold
any such position which either by rule, practice or action nominates, recommends, supervises the
successful bidder's operations, or authorizes funding to the successful bidder.
T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
BID NO #B1600028 Page 8
U. 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.
V. Compensation Amount. Upon the successful bidder's successful completion of the construction
of the Project, 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 Director of Weld County Public Works, or by formal resolution
of the Weld County Board of County Commissioners, as required pursuant to the Weld County
Code. 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
10. INSURANCE REQUIREMENTS
General Requirements: Successful bidders/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. Successful bidders/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. 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 Director of General
Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days
prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be
sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must
be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional
shall be responsible for the payment of any deductible or self -insured retention. County reserves the
right to require Successful bidder/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 Successful bidder/Contract Professional. 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/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 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 construction 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
BID NO #B1600028 Page 9
type or character arising out of the work done in fulfillment of the terms of this Contract or on account
of any act, claim or amount arising or recovered under workers' compensation law or arising out of
the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court
decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage
received or sustained by any person, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of the Agreement, or on account of or in
consequence of neglect of The successful bidder in its construction 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/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 successful bidder's Contract Professional's employees acting within
the course and scope of their employment. Policy shall contain a waiver of subrogation against
the County. This requirement shall not apply when a 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.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
$
$
$
Statutory
500,000
500,000
500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, explosions, collapse and underground hazard, personal
advertising injury, fire damage, independent Contractors, products and completed operations, blanket
contractual liability, personal injury, liability assumed under an insured contract (including defense
costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG
2503 or equivalent additional insured owners, lessees or successful bidders endorsement, ISO
Form 2010 or equivalent, additional insured owners, lessees or successful bidders endorsement,
ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured
language on the additional insured endorsements specified above: "Weld County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers named as an additional insured with respect to liability and
defense of suits arising out of the activities performed by, or on behalf of the Successful bidder,
including completed operations" and 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
$50,000 any one fire; and
BID NO #B1600028 Page 10
$500,000 errors and omissions.
$5,000 Medical payments one person
Automobile Liability: Successful bidder/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.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and
professional liability policies, if the policy is a claims -made policy, the retroactive date must be
on or before the contract date or the first date when any goods or services were provided to
County, whichever is earlier.
Successful bidders/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 successful bidder/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, Successful bidder/Contract Professional's insurer shall name County
as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall
waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Successful
bidder/Contract Professional. Successful bidder/Contract Professional 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/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub -vendors suppliers or other entities upon request by the County.
A provider of Professional Services (as defined in the Bid or RFP) shall provide the following
coverage:
Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each
claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or
omissions, including design errors, if applicable, for damage sustained by reason of or in
the course of operations under this Contract resulting from professional services provided
by the successful bidder as part of the Contract.
Successful Bidders Pollution Liability
BID NO #B1600028 Page 11
Weld County requires this coverage whenever work at issue under this Contract involves potential
pollution risk to the environment or losses caused by pollution conditions (including asbestos) that
may arise from the operations of the successful bidder described in the Successful bidder's scope
of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply
to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors,
fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other
irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -
made basis, the successful bidder warrants that any retroactive date applicable to coverage under
the policy precedes the effective date of this Contract; and that continuous coverage will be
maintained or an extended discovery period will be exercised for a period of three (3) years
beginning from the time that work under this contract is completed. The policy shall be endorsed to
include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers named as an additional insured with respect to liability and defense of suits arising out of
the activities performed by, or on behalf of the Successful bidder, including completed operations".
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the
Response to the Bid each of which forms an integral part of this Agreement. Those documents are
specifically incorporated herein by this reference.
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
Weld County is seeking individual proposals from highly qualified firms interested in a turnkey purchase,
installation, commissioning and operation of one liquefied natural gas (LNG) mobile fueling station. This
equipment shall be located in the North Front Range Metropolitan Planning Organization (NFR MPO) 8 -hour
ozone nonattainment boundary on Weld County property and is intended to be used by Public Works
vehicles.
The contract will be awarded by and be with Weld County. The scope of work is for the installation and
construction of one complete LNG fueling site. The selected Contractor shall be responsible for delivering a
complete "turnkey" facility, including design and engineering, permitting, civil and other improvements to the
site, equipment procurement and installation, start-up and testing, commissioning, and training of personnel.
The Contractor shall also be responsible for ensuring the design of the facility and equipment complies with
all codes and regulations in effect at the time of station permitting. The selected Contractor shall provide a
one-year full warranty on all equipment as identified in Section 9.0. covered under this proposal, as well as
all service and operating manuals, and a complete set of AutoCAD-based "As Built" drawings for
owner/operator.
The purpose of this document is to describe the minimum equipment and services required by Weld County.
It is the responsibility of the Proposer to understand and comply with all applicable municipal, county, state,
and federal codes, laws, ordinances, standards, rules and Weld County supplements in force at the time of
facility commissioning. Every effort has been made to provide accurate information in this RFP. Should
significant conflicts between these written specifications, the preliminary design drawings, code
requirements, standard industry practices, and/or available equipment be identified by the Contractor, the
Contractor shall notify the County in writing immediately upon discovery.
SCOPE OF WORK:
The construction project will be awarded as a "design/build" project, and the selected Contractor shall be
responsible for delivering a complete "turnkey" facility on Weld County's property (location to be provided at
BID NO #B1600028 Page 12
the mandatory pre -bid meeting). The overall facility shall be designed for fleet use, and operational 24 hours
a day, 7 days a week, 365 days a year. The facility shall be designed with space, connections, and sufficient
electrical capacity to accommodate fueling, lighting, or any other equipment as needed. The County will be
the owner of these facilities.
SPECIFICATIONS:
Following are the required specifications for the LNG fueler and should be included in the Contractor's bid
costs for this project:
1. Contractor shall provide a letter of intent demonstrating how the LNG mobile delivery system can
be installed and operational by June 1, 2016. Such system shall meet the needs of a minimum of
9 LNG trucks which use on average 7,000 DGE annually. County fleet trucks typically use more
fuel in the summer and less in the winter.
2. Contractor shall demonstrate how the project will be a complete design/build turnkey operation, on
Weld County's property. The station sites may be unmanned facilities as long as they remain open
and can be accessed by a card reader 24 hours a day.
3. A detailed description of the how the project will be managed to ensure meeting a construction
deadline of four months from notice to proceed can occur.
4. Submittal of cost proposal page with total price for complete system, plus an itemized cost to
maintain the system for three years.
5. Contractor shall demonstrate and assert an equipment design and maintenance plan.
6. Contractor responsible for connection of all necessary gas, electrical, and other utility services
required for this project.
7. Construction including site work, fencing, demolition/relocation activities (if needed), civil and
electrical improvements, and equipment installation.
8. A detailed description of the LNG mobile fuel system, including the functional capabilities of the
equipment as it relates to the bid specifications. Include a list of the individual equipment
components, their size and performance ratings. Each bidder should include preliminary
drawings or plans of the LNG site along with brochures or cut sheets of the equipment they
identifying the proposed equipment, which shall also include the equipment manufacturer(s)
information.
9. Demonstrate your equipment shall include at a minimum, double walled, vacuum insulated,
electronically controlled, mobile liquefied natural gas delivery system.
10. Demonstrate electrical system redundancy and define the system components life expectancy and
how they affect system reliability.
11. Fuel management connection equipment (fuel transfer equipment) should be included in the
proposal cost.
12. Card reader dispenser. It is the County's intent to connect the card reader to the existing County
Gasboy software system. The dispenser shall incorporate a backlit LCD point -of -sale display for
the fuel unit price, equivalent gallons and total amount of fuel dispensed. The dispenser's display
shall be properly designed to provide full visibility both day and night.
13. Demonstrate your equipment has a gross (cold) capacity of 6,000 gallons and minimum allowable
working pressure of 140 psig.
14. In order to ensure continuous motor fuel supply, you must demonstrate your ability to provide a
continuous bulk fuel supply year round. In accordance with the Weld County Smart Energy Plan,
it is Weld County's preference to utilize Weld County LNG fuel unless some extenuating
circumstance cannot allow for it. Provide your re -filling schedule with the proposal.
15. The bid price shall include installation costs, permitting authorization, etc. and compliance with
applicable Federal, State, and Municipal Codes.
16. The successful bidder agrees to enter into a three year fuel and equipment maintenance
agreement to be reviewed annually.
17. A Maintenance Plan is required and the Contractor shall provide the expected availability or down
time for expected maintenance.
18. Contractor shall submit cut sheets identifying the proposed equipment and shall also include the
equipment manufacturer(s) information.
BID NO #B1600028 Page 13
19. Contractor shall be responsible for commissioning, startup, training, and demonstration of the
facility. If any spare/future conduits are installed they shall be capped and sealed at each end a
minimum of 6" above grade and protected from impact, and shall include installed pull strings.
The following project items in this list must be included in the bid proposal in order to be considered
responsive. The contractor must include a checklist with these items in their bid proposal and failure to
include all the listed forms, schedules, letters, and maps as part of the proposal will result in bid rejection:
1 A cover letter briefly describing the system and the equipment being proposed including complete
pricing, projected cost for a Diesel Gallon Equivalent (DGE), how you define a DGE, and delivery
information. Proposal to include a demonstration of how the LNG price will be calculated, including
a breakdown detailing the commodity purchase price, taxes, operating expenses and capital
recovery. In addition, any excise tax incentives received from the government must be reflected
in the purchase price at the site.
2. A site plan or an aerial photo/picture labeling the proposed equipment location on the station site.
In addition, the site plan shall be legible on an 11"x17" layout and Contractor shall assert the
site is able to accommodate the required equipment, and all types of vehicle traffic flow,
including trucks.
3. Contractor shall provide requested data to the County to comply with annual CMAQ program
reporting requirements and documentation for at least 5 years from the date of project completion.
This information will be further discussed with the successful bidder. However, some example
reporting requirements may include project description, project completion date, annual amount of
fuel dispensed, and air quality benefit calculations for 8 -hr ozone, VOCs, NOx, PM 10, CO2, and
Co
4. Contractor shall provide a written statement asserting the LNG Fueling Station shall be operational
24/7 for 365 days a year. It is the Contractor's responsibility to assert how this specification will be
met should fuel not be available or a generator is not included with the proposal.
5. Weld County is the recipient of certain grants to assist in funding this contract. Bidders are advised
that as a sub -recipient, the contractor who receives award of this contract must comply with all
federal requirements. Please refer to the Local Agency IGA with CDOT for compliance and
adherence with federal requirements, and is attached hereto by reference as an exhibit, more
specifically, all bidders must submit these following forms at the bid opening, if applicable:
• IRS Form W-9, Statement of Qualifications and Subcontractors, CDOT Form #606,
CDOT Form #714).
* The successful vendor is required to sign a separate contract (a sample contract is included as a separate
attachment.)
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set
forth in the request for bid for Request No. #B1600028.
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
BID NO #B1600028 Page 14
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date
being the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
to accept the bid that, in the opinion of the Board of County Commissioners, is to the best
interests of Weld County.
FIRM BY
(Please print)
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO
SIGNATURE
DATE
FAX TAX ID #
E-MAIL
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 7.
BID NO #B1600028 Page 15
SAMPLE
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY &
PROJECT NAME
THIS AGREEMENT is made and entered into this day of , 201 , 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 , [an individual], [a limited liability partnership] [a limited liability
company] [a corporation], who whose address is
hereinafter referred to as "Contractor".
WHEREAS, Weld County is in need of an LNG fueler, (hereinafter referred to as the "Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
fueling of fleet vehicles, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in Exhibit A; and
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required
Construction Services at or below the cost set forth in Exhibit B:
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A
and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated
herein by this reference. County and Contractor acknowledge and agree that this Agreement, including
specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness
and ability to meet those requirements.
Exhibit A consists of County's Request for Bid (RFP) as set forth in "Bid Package No. B1600025. The
RFP contains all of the specific requirements of County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms
Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in Exhibit A, which is attached
hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County
Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the
BID NO #B1600028 Page 16
services described on attached Exhibits A and B. Contractor shall faithfully perform the work in
accordance with the standards of professional care, skill, training, diligence and judgment provided
by highly competent Contractors performing construction services of a similar nature to those
described in this Agreement. Contractor shall further be responsible for the timely completion, and
acknowledges that a failure to comply with the standards and requirements of Exhibits A & B within
the time limits prescribed by County may result in County's decision to withhold payment or to
terminate this Agreement. In its sole discretion, the County, by the Director of the Department of
Public Works or his or her designee, may extend the time for the Contractor to complete the service
or work, by not more than thirty (30) days. Such extension shall not increase the compensation to
be paid to the Contractor nor change any other term herein.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until Contractor's completion of the responsibilities described
in Exhibits A & 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 Contractor 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 at any time without notice upon
a material breach of the terms of the Agreement. However, nothing herein shall be construed as
giving Contractor the right to provide materials (or services) under this Agreement beyond the time
when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
materials which Contractor provided prior to the date of the termination notice, but which had not yet
been approved for payment; and (3) the cost of any work which the County approves in writing which
it determines is needed to accomplish an orderly termination of the work. County shall be entitled to
the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned
by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall
deliver to County all drawings, drafts or other documents it has completed or partially completed
under this Agreement, together with all other items, materials and documents which have been paid
for by County, and these items, materials and documents shall be the property of County. Copies of
work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever
against the County by reason of such termination or by reason of any act incidental thereto, except
for compensation for work satisfactorily performed and/or materials described herein properly
delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has
been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder.
BID NO #B1600028 Page 17
Compensation/Contract Amount. Upon Contractor's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater than
$ , which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of
that amount will be made by County unless a "change order" authorizing such additional payment
has been specifically approved by the Director of Weld County Public Works, or by formal resolution
of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code.
Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment
for services rendered and expenses incurred by Contractor under the terms of this Agreement for any
amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that
any work it performs beyond that specifically authorized by County is performed at Contractor's risk
and without authorization under this Agreement. County shall not be liable for the payment of taxes,
late charges or penalties of any nature other than the compensation stated herein.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect of
any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with Article
25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101
et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for
its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant
to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any
agreement, liability or understanding, except as expressly set forth in this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into
any subcontractor agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its
reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Project. Contractor shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes
toward County. County shall have the right (but not the obligation) to enforce the provisions of this
Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such
process. The Contractor shall be responsible for the acts and omissions of its agents, employees
and subcontractors.
BID NO #B1600028 Page 18
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work
order shall become or remain (as applicable), the property of County. In addition, all reports, data,
plans, drawings, records and computer files generated by Contractor in relation to this Agreement
and all reports, test results and all other tangible materials obtained and/or produced in connection
with the performance of this Agreement, whether or not such materials are in completed form, shall
at all times be considered the property of the County. Contractor shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted separately
from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply
with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee
the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential
information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential
information to any other person or entity without seeking written permission from the County.
Contractor agrees to advise its employees, agents, and consultants, of the confidential and
proprietary nature of this confidential information and of the restrictions imposed by this agreement.
11. Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
construction services shall be performed by qualified personnel in a professional and workmanlike
manner, consistent with industry standards, and that all construction 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. This
warranty shall commence on the date of County's final inspection and acceptance of the Project.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to
County originals of all test results, reports, etc., generated during completion of this work. Acceptance
by County of reports, incidental material(s), and structures furnished under this Agreement shall not
in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the
project. In no event shall any action by County hereunder constitute or be construed to be a waiver
by County of any breach of this Agreement or default which may then exist on the part of Contractor,
and County's action or inaction when any such breach or default shall exist shall not impair or
prejudice any right or remedy available to County with respect to such breach or default. No assent,
expressed or implied, to any breach of any one or more covenants, provisions or conditions of the
Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County
of, or payment for, the construction 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.
General Requirements: Contractors/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. Contractors/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
BID NO #B1600028 Page 19
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 Director of General Services by
certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such
cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10)
days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified
by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the
payment of any deductible or self -insured retention. County reserves the right to require
Contractor/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 Contractor/Contract Professional. The County
in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor
from liabilities that might arise out of the performance of the work under this Contract by the
Contractor, its agents, representatives, employees, or subcontractors. The Contractor 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. Any modification to these
requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor
shall be responsible for the professional quality, technical accuracy, and quantity of all construction
services provided, the timely delivery of said services, and the coordination of all services rendered
by the Contractor and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or
character arising out of the work done in fulfillment of the terms of this Contract or on account of any
act, claim or amount arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained
by any person, persons, or property on account of its performance under this Agreement or its failure
to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the
Contractor in its construction methods or procedures; or in its provisions of the materials required
herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or
other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof.
It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract,
the Contractor agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Contractor for the County. A failure to
comply with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor/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 Contractor's Contract Professional's employees acting within the course and scope
of their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers'
BID NO #B1600028 Page 20
Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
$
$
$
Statutory
500,000
500,000
500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent,
covering premises operations, explosions, collapse and underground hazard, personal advertising injury,
fire damage, independent Contractors, products and completed operations, blanket contractual
liability, personal injury, and liability assumed under an insured contract. If applicable, the policy shall
be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037
Additional Insured for products/completed operations, and 3) the Designated Construction Projects
General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following
additional insured language on the additional insured endorsements specified above: "Weld County,
its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional insured with respect to liability
and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including
completed operations" and 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
$50 000 any one fire; and
$500,000 errors and omissions.
$5,000 Medical payment one person
Automobile Liability: Contractor/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.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional
liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the
contract date or the first date when any goods or services were provided to County, whichever is
earlier.
Contractors/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 Contractor/Contract Professional to provide
a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
BID NO #B1600028 Page 21
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an
additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
S ubcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract
P rofessional agrees to provide proof of insurance for all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities upon request by the County.
N on -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign
or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be
granted or denied at the sole and absolute discretion of County.
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, and 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, Elizabeth Relford,
Transportation Manager, or 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.
BID NO #B1600028 Page 22
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor:
Attn.: President,
Address:
Address:
E-mail:
Facsimile:
With copy to:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
County:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
Elizabeth Relford
Transportation Manager
1111 H Street, Greeley, CO 80631
PO Box 758
erelfordweldgov. com
970-304-6497
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
19. 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.
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.
BID NO #B1600028 Page 23
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 Contractor's services and Contractor
shall not employ any person having such known interests. During the term of this Agreement,
Contractor shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflicts with or in any way appear to conflict with the full performance of
its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision
may result, in County's sole discretion, in immediate termination of this Agreement. No employee of
Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold
any such position which either by rule, practice or action nominates, recommends, supervises
Contractor's operations, or authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
u nenforceable 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
o riginal 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, Contractor 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. Contractor certifies, warrants, and agrees that
it does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the
E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work
u nder this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
u nder this Agreement. Contractor shall not use E -Verify Program or State of Colorado program
procedures to undertake pre -employment screening or job applicants while this Agreement is being
performed. If Contractor obtains actual knowledge that a subcontractor performing work under the
BID NO #B1600028 Page 24
public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify
the subcontractor and County within three (3) days that Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three (3) days of
receiving notice. Contractor shall not terminate the contract if within three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien. Contractor shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Contractor
has examined the legal work status of such employee, retained file copies of the documents, and not
altered or falsified the identification documents for such employees. Contractor shall deliver to
County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Contractor
fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the
contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of
perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States
pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-
76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-
76.5-103 prior to the effective date of the contract.
29. Official Engineering Publications_ Contractor acknowledges and agrees that the Colorado
Department of Transportation "Standard Specifications for Road and Bridge Construction" and the
Colorado Department of Transportation Standard Plans "M & S Standards" establish the
requirements for all work performed by Contractor under this Agreement, and Contractor agrees to
meet or exceed all standards set by these publications. Contractor further acknowledger and agrees
that a failure to meet the standards set by these publications may result in withholding by County of
some or all of the Contract Amount.
30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
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. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000
annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor
certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty
percent of the work under this Contract. "Colorado labor" means any person who is a resident of
the state of Colorado at the time of the public works project, who can provide a valid Colorado
driver's license, a valid Colorado state -issued photo identification, or documentation that he or she
has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the
BID NO #B1600028 Page 25
eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado
labor is available to perform the work, and this requirement would create an undue burden that
would substantially prevent the work from proceeding to completion. This section shall not apply to
any project which is funded in whole or in part with federal funds, or where otherwise contrary to
federal law.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits and , is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
201
CONTRACTOR:
•
By:
Name:
Title:
Date
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Director of General Services
BID NO #B1600028 Page 26
470 ORLEANS STREET I BEAUMONT I TX I 77 70?
Table of Contents
1. RFI Letter of Intent 3
2. Stabilis Energy — Company Overview 5
3. Section I — Scope of Supply/Work 7
4. Section II — Cost Proposal 7
5. Section ID - Equipment Design 9
6. Section IV — Site Work 13
7. Section V — Site Plan 14
8. Section VI — Supply and Pricing 14
9. Section VII — Maintenance Plan 17
10. Section VIII — CDOT and Additional Forms 19
REP RESPONSE PREPARED FOR. WELD COUNTY
02/10/2016
Stabilis Energy is pleased to respond to Weld County's Request for Proposal (RFP) regarding the Turnkey
Purchase, Installation, Commissioning & Operation of LNG Fueling Equipment in Weld County, CO. We
appreciate the confidence you have shown in Stabilis and are enthusiastic about partnering with Weld
County to expand the LNG market.
We formed Stabilis to become the leading provider of LNG fuel production and support services in North
America, and we believe we have made great strides towards achieving this goal since then. In February,
2015, we opened a 100,000 Gallon per Day (0.06 MTPA) LNG production plant in George West, TX, to serve
the oilfield and industrial markets in the Eagle Ford Shale. This was the first small scale LNG plant built in the
United States since 2008 and we are proud that it was completed on -time and on -budget. This plant
supplements our national LNG infrastructure that has delivered over 19 million gallons of LNG fuel to our
customers safely and cost effectively over the past three years.
We are proud of the Stabilis team and believe that we have the best people in the LNG business. Our team
has built and operated more small-scale LNG plants and delivered more LNG gallons to transportation
customers than any other company. We believe that this complete LNG skill set is unique in the industry.
We believe that Stabilis is uniquely positioned to partner with Shell on this project because of our:
• Safety Focus — Stabilis shares Weld County's focus on safety and compliance and has an outstanding
safety record in LNG plant operations, LNG transportation, and LNG field service support
• Proven Success Providing LNG Transportation and Field Service — Stabilis has safely, reliably and cost
effectively delivered millions of LNG gallons to customers in every major transportation end market
• Experience Building New LNG Markets Stabilis is experienced building new LNG markets (oilfield,
mining, rail, marine) and has the commercial and technical capabilities to succeed
• Support from Dragon Products and ACT—Stabilis partners with its related companies to provide best -
in -class cryogenic equipment manufacturing and support services
• Entrepreneurial Culture — Stabilis offers a unique combination of world -class LNG capabilities with an
entrepreneurial culture; we are nimble, flexible, candid, cost conscience, and understand risk
Thank you for the opportunity to present our capabilities.
Sincerely,
�-o
Alexine Hazarian
Manager, Supply and Logistics
Stabilis Energy Services LLC
State of Incorporation: TX
Page 2 of 20
RFP RESPONSE PREPARED FOR WELD COUNTY
02/10/2016
RFI Letter of Intent
Stabilis is pleased to submit the following response to Weld County's RFP regarding the Turnkey Purchase,
Installation, Commissioning & Operation of LNG Fueling Equipment in Weld County, CO. This equipment
shall be located in the North Front Range Metropolitan Planning Organization (NFR MPO) 8 -hour ozone
nonattainment boundary on Weld County property and is intended to be used by Public Works vehicles.
Stabilis intends to provide a LNG mobile delivery system which will be installed and operational by June 1,
2016. The mobile fueler will meet the needs of a minimum of 9 LNG trucks which use on average 7,000 DGE
annually. The station site can be unmanned and accessed by a card reader 24/7 for 365 days a year.
Complete pricing for the installation and commissioning of the LNG mobile fueler is $220,500.
The proposed equipment is a 6,000 LNG gallon nominal capacity double -walled, vacuum -insulated mobile
delivery system optimized for LNG fueling deliveries. This system employs an electrical driven submerged
pump. The system will meet the minimum allowable working pressure of 140 psig. The mobile LNG refueling
system is designed as a self-contained unit. A natural gas powered engine generator (uses warmed vapor
from the top of the 6K tank) produces 480 -volt / 3 -phase current. A transformer provides 110 volts for other
systems. 24 and 12 -volt DC power are also used on this system.
Estimated fuel pricing is based on a gallon of LNG at 3.49 pounds or 82,644 BTU. Accordingly, 1.667 LNG
gallons provides the energy equivalent of 1 gallon of diesel fuel (DGE).
Pricing is based on bulk deliveries of loads at the consuming location. The price per LNG gallon shall be
determined as follows:
Cost of Fuel and Freight plus $0.25 per LNG gallon. Cost of fuel will include (a) natural gas commodity cost
calculated as index price as published by Inside FERC for Northwest Pipeline (Rockies) at the first of the
month ($ per MMBtu) multiplied by a conversion factor of 0.082 and (b) liquefaction cost from supply
source. Other costs include transportation and service fees. Pricing does not include taxes as Weld County
is sales tax exempt. The breakdown of the projected cost is as follows:
Cost per
LNG Gallon
Cost per
DGE
Commodity
$0.18
$0.30
Liquefaction
$0.35
$0.58
Transportation
$0.25
$0.42
Stabilis
Service
Fee
$0.25
$0.42
Taxes
$0.00
$0.00
Excise Tax
Incentive
$0.00
0.00
Total
$1.03
$1.72
Deliveries are expected to take place every ten to twelve days based on the projected demand. Deliveries
will be made by trained and insured LNG operators. As Stabilis Energy is currently providing LNG to Weld
County and other Weld County customers, we will continue to utilize our strong network of supply and
logistics contracts to ensure we have timely deliveries. In addition, we can offer remote monitoring to
streamline the order process for Weld County.
Page 3 of 20
REP RESPONSE ='RFPARED FOR WELD COUNTY
02/10/2016
Stabilis is highly confident in its ability to provide the safest and highest quality equipment and service.
Additional details which demonstrate how the project will be a complete design/build turnkey operation on
Weld County's property are provided in the body of the document.
Thank you for your consideration.
Page 4 of 20
REP RESPONSE PREPARED FOR WED COUNTY
02110/2016
Stabitis Energy - Company Overview
Who we are
Stabilis Energy is a leading provider of LNG fuel, equipment, and services for high horsepower markets
including oil and gas, mining, rail, over -the -road, industrial, and marine. As a turnkey solutions provider, we
own and operate LNG infrastructure (including production facilities and cryogenic rolling stock assets),
provide transportation and logistics services, and offer field service support for equipment operation.
Safety is a core value at Stabilis. We routinely perform work for customers with the most demanding safety
and environmental standards in multiple industries. We provide rigorous training our employees and
contractors on proper processes and procedures for all cryogenic activities. Our goal is to maintain our
record of zero safety incidents and we believe that with a strong safety culture and the proper support we
can achieve this goal.
Stas CORE VALUES
CANDOR
11n'iltered. timely,
assessment and
co:1rnuruc;tIOil that
acknowledges rea;ity
CUSTOMER DRIVEN
Make sure EVERY task is
focused on delivering for
our customer.
ENTREPRENEURSHIP
"Every Day a Better Way
taking ownership
championing, self starting
1.R •f E• Y AND Y ro
COMPLIANCE {$
EXECUTION
Timely consistent
quality task completion
without undue
pushback
In addition to Safety and Compliance, our core values include Candor, Entrepreneurship, Execution, and
Customer Driven behavior. We believe that by focusing on these core values together we can achieve the
best results for our customers, our partners, and our company.
Page 5 of 20
RE RESPONSE PREPARED FOR WELD COUNTY 02/10/2016
LNG Distribution and Service
Stabilis has delivered more than 19 million LNG gallons and provided more than 5,000 on -time fuel
deliveries to customers in multiple industries over the last three years. Our large cryogenic fleet and
network of supply sources allow us to provide turn -key LNG solutions to almost any customer nationwide.
Stabilis owns and operates a fleet of 65 cryogenic delivery, storage, and regasification units. We have a
trained field service staff (10) that is supported by an internal engineering and support team. Stabilis also
has a fleet of LNG powered Class 8 trucks (10) and drivers to provide transportation services.
Stabilis has a centralized operations support enter that monitors equipment, flow rates, pressure and tank
volumes remotely through Stabilis' custom SCADA system. Our unique monitoring program was built with
safety as a priority and allows us to provide customers valuable data quickly and efficiently, every day.
Stabilis has LNG supply agreements with 15 LNG producers across the country to ensure that we can provide
LNG fuel anywhere in the U.S. whenever it is needed. Our established contracts and long-term relationships
insure access to fuel at economically attractive rates.
Page 6 of 20
1\
RFP RESPONSE PREPARED FOR WELD COUNTY 02/10/2016
Section I - Scope of Supply/Work
Equipment and Material
Stabilis will provide the following equipment and material:
1. A single LNG Mobile Fueling Station as described in Section III of this document. The mobile fueler
will be hauled to site, located properly and connected to the electrical power supply.
2. All material and labor to supply electrical power from the line side of the three-phase electrical
transformer (provided by others), to the mobile fueler location as indicated on the drawing in
Section V.
Construction
For Stabilis and its subcontractor, Tarpon Energy Services LLC, the extent of the construction on site will be
limited to above ground and underground electrical work to power the mobile fueler. The electrical scope
of work is described in Section V below.
Permitting
Being that Stabilis will not own the equipment and will not be the property owner where the mobile fueler is
to be located, Stabilis takes exception to any permitting needed for the project. Stabilis will support Weld
County throughout the permitting process with our extensive technical and educational expertise.
Safety Management (^'2 weeks)
Stabilis and its chosen contractors are all dedicated to safety as the first and most important priority of any
project. The Stabilis Project Manager will use applicable rules and regulations as a guide for the project. The
project manager will include the specific applications of the Code of Safe Practices, the Injury and Illness
Prevention Program, the Vehicle Policy and the Job Site Establishment Sections; as appropriate to educate
team members in the safety risks and concerns associated with the project.
Commissioning and Training ("'2 weeks)
The commissioning phase of the project will be relatively short. The plan is to begin pre -commissioning
activities and continue right into the equipment start-up. At this point the equipment will be ready for
continuous service.
Section II Cost Proposal
Cost Proposal for Mobile Fueling System: Stabilis Scope of Work
LNG Mobile Fueling Station
Mobile Fueling Equipment
Equipment
Card Reader (optional*)
Electrical (from transformer to equipment)
Freight
Total LNG Mobile Fueling Station
Page 7 of 20
5
5
5
5
170,000
15,000
30,000
5,500
220,500
REP RESPONSE PREPARED FOR V E W COUNTY
1)7/10/2016
*The proposed equipment is equipped with a card reader which is capable of processing transactions with a
PIN. If Weld County desires to make the card reader compatible with the GasBoy system, the cost is as
indicated. The cost or scope does not include programming or interface into the Weld County system.
Construction materials and electrical work will not be funded or completed by Stabilis. The following are
estimated costs for construction and electrical work that are associated with this project:
Construction Materials and Electrical (Out of Stabilis Scope)
Reinforced Concrete Slab
Concrete Barrier
Chain Link Fence- 72" w Barbed Wire Top
Chain Link Gates 28" Wide Double Gates
Erosion Control Items
Aggregate Base Course- Class 6
Portland Cement- Type II
Hot Mix Asphalt Grade S PG64-22
38"x24" HERCP Culvert
23"x14" HERCP Culvert
23"x14" HERCP End Sections
Construction Labor
Total Construction Materials
Total Electrical (Poudre to Transformer)
S
5
S
S
S
S
38,920
19,200
40,250
6,000
10,000
40,000
41,250
92,000
8,400
13,000
3,200
Weld Expense
$ 312,220
$ 47,000
TOTAL Construction Materials and Electrical
$ 359,220
Itemized Cost to Maintain the System for Three Years
Depending on the level of service Weld selects for maintenance, Stabilis can provide daily to annual
maintenance on the equipment. Stabilis has local field technicians that can respond to Weld County's needs
safely and quickly. In addition, Weld County will need to subscribe to a Cellular Communication Data Plan in
order to retrieve the fueling data from the system.
Nks: in ;c n nce P an
Estimated
Hours
Expected Downtime
Cost Total Annual Total (hours)
Daily Inspections and Maintenance
Cellular Communication Data Plan (monthly)
Weekly (or more often if needed) Inspections and Maintenance
Monthly to Quarterly Inspections and Maintenance as Required
As Required Maintenance
Annual or as Required Inspections and Maintenance
Page 8 of 20
2 $ 125 $
$ 40 $
2 $ 125 $
4 $ 125 $
2 $ 12.5 $
250
12
250
500
250
15 $ 125 $ 1,875
91,250
4,380
13,000
6,000
if no issues
0
0.5
as
Dependent on issue
0 hours to 3 weeks
(for pressure test
needed every 5
years)
RPP RESPONSE 2REPARED FOR WELD COUNTY
02/10/2016
Section III — Equipment Design
System Description
Detailed Description of LNG System
The mobile LNG refueling system is designed as a self-contained unit. The mobile fueler is designed to meet
the needs of a minimum of 9 LNG trucks which use on average 7,000 DGE annually. The station site can be
unmanned and accessed by a card reader 24/7 for 365 days a year.
t
eta
Mobile liquid natural gas fueling unit
List of Individual Equipment Components
A detailed description of all components can be found in the attached operating manual.
Cut Sheets of Equipment
Cut sheets for all components can be found in the appendix of the operating manual. Below are the General
Arrangement and Piping Schematic drawings.
Page 9 of 20
Stabilis
RFP RESPONSE PREPARED FOR WELD COUNTY
"if •i. lir
General Arrangement Drawing
N ♦ 'Lt. mac Mean. ars DA
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Page 10 of 20
CRYOGENIC VESSEL ALTERNATIVES
est t --m ■ I at MS. It MM
GENERAL ARRANGEMENT
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Stabilis
ENING
RFP RESPONSE PREPARED FOR WE:.D COUNTY
02/10/2016
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Page 11 of 20
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Stabilis
REP RESPONSE PREPARED FOR WELD COUNTY
02/10/2016
Natural Gas Delivery System
The mobile LNG refueling system is designed as a self-contained unit. The double walled, vacuum insulated
construction of the LNG vessel is inherently more robust than the equivalent design for transport of other
liquid fuels. The refueling system is electronically controlled and designed with many smart features to assist
with not only the operation of, but also with trouble shooting of electronic circuits and equipment and for
other piping and system circuits. The Programmable Logic Controller (PLC) / Panel View will alert you to
many issues, as will the Variable Frequency Drive (VFD). With recommended maintenance, life expectancy
for most components is up to twenty (20) years.
Electrical System Redundancy
A natural gas powered engine generator (uses warmed vapor from the top of the 6K tank) produces 480 -
volt/ 3 -phase current. A transformer provides 110 volts for other systems. 24 and 12 -volt DC power are also
used on this system.
Kohler 30 KW, GM engine, natural gas powered, 480 -volt, 3 -Phase Generator on King -Pin deck
Card Reader Dispenser
The card reader dispenser incorporates a backlit LCD point -of -sale display for the fuel unit price, equivalent
gallons and total amount of fuel dispensed. The dispenser's display provides full visibility both day and
night.
Capacity and Working Pressure
The LNG mobile fueler has a gross capacity of 6,000 gallons and a Maximum Allowable Working Pressure
(MAWP) of 175 PSIG. The LNG dispensing pump is mounted internal to the tank and dispenses fuel at LNG
at a rate of 40 gallons per minute (GPM) and a pressure up to 140 PS1G.
Page 12 of 20
RFP RESPONSE PREPARED FOR WELD COUNTY 02/10/2016
Section V — Site Work
Stabilis Energy is proposing to supply a mobile LNG refueling system which is designed as a self-contained unit
with a natural gas generator which can be used for primary or back-up power. Stabilis wishes to partner with
Weld County who would provide all the labor and materials necessary to complete the site work. Stabilis
would be responsible for the electrical scope described below.
General
• 8 hours per day on site
• Supervision
• Travel time
• Standard Tarpon QA/QC documentation
Electrical Main
• Supply and install new conduit as per Stabilis Drawing File Number DJ -MDR -A-7100
• Conduit run is 350' max (RMC-PVC)
• Wire increased to four (4) #1AWG THWN (or equal rated for underground) and one (1)
#6 Ground
• Conduit is 2" RMC-PVC
• All metering and disconnects
• Disconnects and metering will be 100 amp rated and all 480 volts AC
• Meter and fused disconnect will be located near public service transformer
• Power Rack with non -fused disconnect will be located near loadout station
• All equipment is quoted as non -classified
• Power cord to skid
• Power cord to skid is via SOOW cord and limited to 50' total
• 20' of #2 bare ground included for grounding of LNG Skid
• 2 ground rods included for grounding of LNG skid
• 2 bond points with mechanical lugs included for grounding LNG skid
• 340' of underground included
General Clarifications
• Installations will conform to manufactures recommendations or best trade practices
• Overtime hours in this proposal
• All underground will be completed after grading, but prior to road material and prior
to any concrete pads being poured
• Concrete at roadway is limited to 15' across road and includes red dye
• All backfill will come from removed material
Exclusions to Electrical Scope of Supply
• Startup assistant and commissioning
• Full time safety personnel
• All Power, transformers, pads, misc. for public service utility power or equipment
Page 13 of 20
RFP RESPONSE PREPARED FOR• WELD COUNTY
02/10/2016
Section VI — Site Plan
See attachment to email for 11" x 17" layout
Isla Po Oeme
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Section VI — Supply and Pricing
t
ea o
rs to►pus tents;
Stabilis desires to enter into a three-year fuel and equipment maintenance agreement to be reviewed
annually.
Supply Sources
Stabilis has LNG supply agreements with 15 LNG producers across the country to ensure that we can provide
LNG fuel anywhere in the U.S. whenever it is needed. Our established contracts and long-term relationships
insure access to fuel at economically attractive rates. When physically and economically available, Stabilis
will utilize Weld County LNG fuel unless some extenuating circumstance cannot allow for it.
Below are the current supply sources in the Rocky Mountain region that serve our current Weld County
customer. Stabilis and its predecessor Encana Natural Gas Inc. has been continuously supplying the Rocky
Mountain region with up to 6 loads per day for three years. Based on the proposed demand for the nine
vehicles, we anticipate that the re -filling schedule will be once every ten to twelve days. Deliveries will be
made by trained and insured LNG operators.
Page 14 of 20
Stabilis
RFP RESPONSE PREPARED FOR WELD COUNTY
02/10/2016
01
Painter Plant
Keota Plant
WWiants Plant
NBGeorge West Plant
a Third Party Supply +R
transacts Areas
* Statsilts Caporal ()dices
!RAIN US (Oft ant N1IA&
Pricing
Estimated fuel pricing is based on a gallon of LNG at 3.49 pounds or 82,644 BTU. Accordingly, 1.667 LNG
gallons provides the energy equivalent of 1 gallon of diesel fuel (DGE).
Pricing is based on bulk deliveries of loads at the consuming location. The price per LNG gallon shall be
determined as follows:
Cost of Fuel and Freight plus $0.25 per LNG gallon. Cost of fuel will include (a) natural gas commodity cost
calculated as index price as published by Inside FERC for Northwest Pipeline (Rockies) at the first of the
month ($ per MMBtu) multiplied by a conversion factor of 0.082 and (b) liquefaction cost from supply
source. Other costs include transportation and service fees. Pricing does not include taxes as Weld County
is sales tax exempt. The breakdown of the projected cost is as follows:
The breakdown of the projected cost is as follows:
Cost per LNG Gallon
Cost per DGE
Commodity
$0.18
$0.30
Liquefaction
$0.35 _
$0.58
Transportation
$0.25
$0.42
$0.42
Stabilis
Service
Fee
$0.25
Taxes
$0.00
$0.00
Excise Tax
Incentive
$0.00
$0.00
Total
$1.03
$1.72
Service and Maintenance
Stabilis will make a technician available to provide support, maintenance and service to the LNG equipment
on an on -call basis. The loaded labor rate for a technician is $125 per hour plus actual expenses.
Page 15 of 20
RFP RESPONSE PREPARED FOR WELD COUNTY 02/10/2016
Remote Monitoring
Stabilis can also provide the necessary equipment to remotely monitor the LNG tank level and can manage
the LNG inventories remotely at an additional fee. In the event that remote monitoring is not desired,
Stabilis requests forty-eight (48) hours in advance for LNG procurement.
Page 16 of 20
RCP RESPONSE PREPARED FOR WELD COUNTY
02/10/2016
Section VI — Maintenance Plan
Daily Inspections and Maintenance
1. Perform standard DOT operator inspection of vehicle and delivery system.
2. Check oil and coolant level in generator.
3. Open the two vent stack drain valve (1/4" needle valves located at the rear control area) to drain any
moisture from the vent stacks.
4. Pull the cables on the air tanks drain plugs to drain any water from the air tanks. Note: The air tanks
are located under the front of the trailer where the King Pin deck transitions down to the dropped
deck.
5. Open the water drain valves (one at each corner of the impoundment) to allow any water in the
impoundment area to drain.
6. Inspect piping and valves for visible signs of leaks, e.g. frost.
7. Inspect nozzles and receptacles.
8. Inspect hoses.
9. Check trailer tire air pressure and tire condition.
Weekly (or more often if needed) Inspections and Maintenance
1. Inspect manway on top of tank for leaks. Note there are inner and outer vessel manways. A lift plate
is designed into the outer lift plate to relief pressure should there ever be a leak on the seal of the
inner manway.
2. Leak check rear piping, saturation piping from rear to front saturation vaporizer, the pump's electrical
pass -through at the front, and the front pressure gauge and fuel line to the engine.
3. Check tension on drive belt on air compressor, alignment and check for wear.
4. Check static drag strap and adjust length as needed due to wear so that it stays in contact with the
ground.
5. Check fan belt tension on engine.
6. Check air dryer is functioning properly and maintain per manufacturer's manual guidelines.
7. Test E -Stop buttons.
8. Inspect fire extinguishers.
9. Inspect condition of rubber bladders on air actuated valves.
Monthly to Quarterly Inspections and Maintenance as Required
1. Check air dryer is operating correctly.
2. Test methane detectors every 90 days using a calibrated bottle of methane gas following
manufacturer's guidelines. (see guidelines in appendices)
3. Replace seal in fill nozzle.
As Required Maintenance
1. Replace engine air filter.
2. Change engine oil and replace oil filter, as per engine manufacturer's guidelines (see appendix).
3. Check engine fuel filter as per engine manufacturer's requirements.
4. Clean battery posts and cables.
S. Replace burnt out lighting elements.
Page 17 of 20
RR RESPONSE PREPARED FOR iiiviEI D COUNTY 02/10/2016
6. Leak check piping and valves using leak detection solution (open valves manually using the valve
control electronic display screen). Leak check manways.
7. Leak check the two in -line electrical pass -through fittings that allow the electrical leads form the
submerged pump inside the tank to exit the pressure vessel.
Annual or as Required Inspections and Maintenance
1. Prep and touch up paint where needed_
2. Calibrate flow meter system.
3. Check calibration on pressure gauges and Liquid Level gauge, differential pressure transducer,
pressure transducers, pressure switches, RID.
4. Verify fuel pressure regulator, verify pressure is per engine manufacturer requirements.
S. Replace fuel filter as recommended by generator engine manufacturer (see that manual).
6. Take to DOT registered facility for annual and multi -year inspections as required (visual, pressure,
relief valves, etc.).
7. Measure vacuum only if you have reason to believe you have a problem with the vacuum, i.e. rising
tank pressure and condensation on tank when there is no condensation on other metal surfaces.
Estimated Expected Downtime
Maintenance Plan
Hours Cost Total Annual Total (hours)
Daily Inspections and Maintenance
Weekly (or more often if needed) Inspections and Maintenance
Monthly to Quarterly Inspections and Maintenance as Required
As Required Maintenance
Annual or as Required Inspections and Maintenance
Page 18 of 20
2
I
4
2
125
125
125
125
$ 250 $
$ 250 $
$ 500 $
$ 250
15 $ 125 $ 1,875
91,250
13,000
6,000
o if no issues
0.5
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Dependent on issue
0 hours to 3 weeks
(for pressure test
needed every 5
years)
Stabilis
�w��a
REP RESPONSE PREPARED FOR. WELD COUNTY 02/10/2016
Section VIII — CDOT and Additional Forms
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special
provisions set forth in the request for bid for Request No. #B1600028.
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 Bid contained herein
(including, but not limited to, product specifications and scope of services), and the
formal acceptance of the bid by Weld County, together constitutes a contract, with the
contract date being the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the
bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is
to the best interests of Weld County.
FIRM _Stabilis Energy Service LLC BY Alexine Hazarian
(Please print)
BUSINESS
ADDRESS 470 Orleans St, 7t' Floor DATE _February 10, 2016
CITY, STATE, ZIP CODE Beaumont, TX 77701
TELEPHONE NO _(312) 953-0954 FAX TAX ID # 46-2023721
SIGNATURE
E-MAIL alexine.hazarian@stabilisenergy.com
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000.
Page 19 of 20
Stabilis
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RFP RESPONSE PREPARED FOR EL 1) COUNTY
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Page 20 of 20
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