The URL can be used to link to this page

Browse Search

Home My WebLink About20160715.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2018 Dust Palliative Supply - GMCO, Extension/Renewal DEPARTMENT: Public Works DATE: 2-20-2018 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County has two Dust Palliative Supply contracts that were bid and approved in March of 2016. The agreements are with GMCO Corporation and Envirotech Services Inc. GMCO Corporation will deliver up to 1,202,1 11 gallons to Weld County shops and provide (3) 20,000 gallon bulk storage tanks. The Dust Palliative Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 1, 2018 to December 31, 2018 as permitted by the contract. This is the second renewal of two, one-year renewals. The contract allows for yearly bid adjustments based upon the current ENR Cost Index. GMCO has asked for a cost increase for 80/20 Mag-Chloride. The increase requested is within the allowable amount for the yearly bid adjustment per the contract. GMCO Corporation has been working with Public Works in finding a chemical concentration of the Mag-Chloride that would work better on the roads with heavy truck traffic due to the Oil Industry. As the 80/20 concentration has worked well in the past Public Works tried a 70/30 concentration that seemed to work better on these roads. Public works would like to us the 70/30 concentration in place of the 80/20 concentration this year. Although the increase for the 70/30 concentration is higher than the ENR Cost Index for the year and is $0.02 higher than the 80/20 concentration Public Works feels this is a reasonable justification for the increase as it is a stronger product and will reduce the number of times Public Works will need to re -work certain roads as we continue to provide adaquate service on our increasing work load. Public Works has consulted with Purchasing in this matter and Rob concurs as it is the same product, just a different concentration and we are still under budget. GMCO Corporation will provide Weld County up to 1,202,000 gallons of 70/30 Mag-Chloride at $0.663/gallon for a total contract price of $797,000.00 and provide (3) 20,000 gallon bulk storage tanks at no charge. They will deliver the product to our three locations in Greeley, Kersey and New Raymer. The total amount projected for the Dust Palliative supplied by GMCO is $797,000.00. The total amount projected for the Dust Palliative supplied by Envirotech is $655,00.00 Equaling a total for 2018 of $1,452.000.00. The budgeted amount for the 2018 contract year is $1,452.000.00 Public Works has been satisfied with GMCO's service and would like to use the 70/30 product in the Dust Mitigation Program this contract year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) The Board may agree to extend/renew the contract for GMCO as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the GMCO contract for one year as provided by the contract. 66t(ea--(4-adpe6j4-r J.- - if ew) 020/4,-t 7i5' e4- Approve Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kitlaneyer, Pro -Tern Steve Moreno, Chair pc: Jay McDonald, Director, Public Works Curtis Hall, Deputy Director, Public Works flithstak work session Other/Comments; CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF GRAVEL ROAD MGMT. DIVISION AND GMCO CORPORATION. This Agreement Extension/Renewal ("Renewal"), made and entered into 1ST day of February 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Work , Gravel Road Management, hereinafter referred to as the "Department", and GMCO Corporation hereinafter referred to as the "Contractor", WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2016-•0715 approved on March 16,2016. 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 365 day period, which will begin January, 12018, and will end on December 31,_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. Contract Time Extension: This is the second extension of a possible two-year extension. 2. Change to the Original Bid Schedule: The 2016 Bid Schedule for the original contract will be replaced by the attached 2018 Bid Schedule. 3. Change to the Contract Price and Chemical Concentration: The 2017 contract chemical concentration for Mag-Chloride from 80/20 is now modified to the 70/30 concentration and the price for Mag-Chloride of $0.621 per gallon is now modified to $0.663 per gallon during the 2018 Contract Extension Renewal. The 2018 total contract amount not to exceed $797,000.00. 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. All other terms and conditions'of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: / Printed Name BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MAR 0 7 2018 ,20/ -07/5 2018 Dust Palliative Price Sheet - GMCO Item # item -Location " Quantity Unit" Price per ' Unit ` Contract Price, . 209.08 Liquid Dust Palliatives Greeley Gallons .663 Kersey Gallons .663 New Raymer Gallons .663 Pick Up Gallons .663 item # Item Location Quantity Unit ` Prime per Unit .,. Contract Price 106.08 20,000 Gallon Storage Bulk Tank Kersey 2 Per month No Charge 106.08 20,000 Gallon Bulk Storage Tank New Raymer 1 Per Month No Charge Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver and load material into bulk tanks. Firm GMCO Corporation Business Address PO Box 1480 City, State, Zip Code Rifle. CO 81650 Telephone N. 97Q-62$-9100 Fax # 970-625-9101 Printed Name and Title Jeremy Hen Signatuze ----� C- Email jhen ersod" n@gmcocorp.co Date_2-22-18 70-4-2 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2018 Dust Palliative Supply - Envirotech, Extension/Renewal DEPARTMENT: Public Works DATE: 2-20-2018 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County has two Dust Palliative Supply contracts that were bid and approved in March of 2016. The agreements are with GMC0 Corporation and Envirotech Services Inc. Envirotech Services contract is for up to 600,000 gallons of Durablend and up to 100,000 gallons of Basebind to be picked up at their facility. The Dust Palliative Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 1, 2018 to December 31, 2018 as permitted by the contract. This is the second renewal of two, one-year renewals. The contract allows for yearly bid adjustments based upon the current ENR Cost Index. Envirotech has asked for a cost increase for Durablend and Basebind, both products that they supply to Weld County. The increase requested for both products is within the allowable amount for the yearly bid adjustment per the contract. Envirotech Services Inc. will provide Weld County up to 600,000 gallons of Durablelnd at $0.94/gallon for a total contract price of $564,000.00. They will also provide up to 100,000 gallons of Basebind at $0.91/gallon for a total contract price of $91,000.00. Weld County will pick both products up at the Envirotech Services plant in Evans. The total amount projected for the Dust Palliative supplied by Envirotech is $655,000.00. The total amount projected for the Dust Palliative supplied by GMCO is $797,000.00 Equaling a total for 2018 of $1,452,000.00 The budgeted amount for the 2018 contract year is $1,452,000.00. Public Works has been satisfied with Envirotech's service and products and would like to continue to use both of their products in the Dust Mitigation Program this contract year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) The Board may agree to extend/renew the contract for Envirotech as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the Envirotech contract for one year as provided by the contract. Approve Schedule Recommendation Work Session Other/Comments: Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair pc: Jay McDonald, Director, Public Works Curtis Hall, Deputy Director, Public Works 7- is eorrta)/ke/fi--0 Ox46.0,2-e. Caw 1/r" ao07 . CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF GRAVEL ROAD MGMT. DIVISION AND ENVIROTECH SERVICES INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 1ST day of February 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, Gravel Road Management, hereinafter referred to as the "Department", and Envirotech 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. 2016-0715 approved on March 16,2016. 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 365 day period, which will begin January, 12018, and will end on December 31, 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. Contract Time Extension: This is the second extension of a possible two-year extension. 2. Change to the Original Bid Schedule: The 2016 Bid Schedule for the original contract will be replaced by the attached 2018 Bid Schedule. 3. Change to the Contract Price: The 2017 contract price for Durablend of $0.92 per gallon is now modified to $0.94 per gallon during the 2018 Contract Extension Renewal. The 2017 contract price for Basebind of $0.90 per gallon is now modified to $0.91 per gallon during the 2018 Contract Extension Renewal_ The 2018 total contract amount not to exceed $655,000.00 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation, • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: �Kc Printed Name Signat BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MAR 0 7 2018 CdC rit.4+e1 ty Clerk tiJ he Bard 020/�--- 07/a TRAVELERgT Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW AU. MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and SI. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies". and that the Companies do hereby make. constitute and appoint K'Anne E. Vogel, of Greeley, Colorado, their true and lawful Attomey-in-Fact to sigrt, execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss. By: Robert L. Raney, Seht-or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Itl\eke.r....4.• C. : kriu. w, ,* M C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking, and arty of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or herand it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed In the office of the Secretary; and a is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or wiling obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant toe written delegation of authority; and k is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -fn -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains In full force and effect Dated this 13th day of February , 2018 Kevin E.Hughes, Ass tent Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880, Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached. TRAVELERS, CONTINUATION CERTIFICATE FIDELITY OR SURETY BONDS/POLICIES Travelers Casualty and Surety Company of America Hartford, CT 06183 License No. In consideration of $3,294.00 dollars renewal premium, the term of Bond/Policy No. 10642100S in the amount of 5366,000.00 , issued on behalf of ENVIROTECH SERVICES, INC. whose address is 910 54TH AVE. SUITE 88230 GREELEY, CO 80634 in favor of WELD COUNTY! PUBLIC WORKS DEPT. whose address is 1111 H STREET GREELEY, CO 80632 in connection with Supply Contract Bond -2018 Contract Extension is hereby extended to Member 31, 2x5 subject to all covenants and conditions of saidbondtpormy. This certificate is designed to extend only the team of the bond/policy. It does not increase the amount which may be payable thereunder. The aggregate liability of the Company tattler the said bond/policy together with this certificate shall be exactly the same as, and no greater Om it would have been, if the said bond/policy had originally been written to expire on the date to which it is now being extended. Signed, sealed and dated February 13, 2018 Travelers Casualty and Surety Company of America Attorney -in -Fact F -59-M (8/06) BOARD OF COUNTY COMMISSIO ERS PASS -AROUND REVIEW/ WORK SESSION QUEST RE: Weld County 2017 Dust Palliative Supply, Bid #1600045 DEPARTMENT: PUBLIC WORKS DATE: 01-24-2017 PERSON REQUESTING: Mike Livengood, Gravel Road Mgmt. Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County has two Dust Palliatives Supply Agreements that were bid and approved in March 2016. One agreement is with GMCO Corporation for up to 1,600,000 gallons to be delivered to Weld County shops and provide (3) 20,000 gallon bulk storage tanks. The other agreement is with Envirotech Services Inc. for up to 300,000 gallons of Durablend and up to 100,000 gallons of Basebind to be picked up at their facility, for a total of 2,000,000 gallons. The Dust Palliatives Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 16, 2017, to December 15, 2017, as permitted by the contract. This is the first extension of two, one year extensions. The contract allows for yearly bid adjustments based upon the current ENR Cost Index. The cost increase for like product was 1% this year. Both GMCO Corporation and Envirotech Services requested an increase of 5 and 4% respectively due to their increase in cost of rail ingredients for the Mag-Chloride and Durablend products. Envirotech did not ask for an increase in the Basebind product as they do not have to rail its ingredients. Although this increase is higher than the ENR Cost Index for the year Public Works feels this is a reasonable justification for the increase as it is a regional trend and the products in question are of a specialty nature. Public Works has consulted with Trevor Jiricek and Don Warden in this matter and each of them concur as we are still under budget. Public Works continues to investigate new and more cost effective materials through our experimental budget every year. However, our research and testing have not found any materials that give us equal or better results than our current materials and not in a more cost effective manner for the county. GMCO Corporation will provide Weld County up to 1,600,000 gallons at $0.621/gallon for a total contract price of $993,600.00 and they provide (3) 20,000 gallon bulk storage tanks at no charge. Envirotech Services will provide Weld County up to 300,000 gallons of Durablend at $0.92/gallon for a total of $276,000.00. They will also provide up to 100,000 gallons of Basebind at $0.90/gallon for a total of $90,000.00. Both products to be picked up at Envirotech Services plant in Evans. The total amount projected for the Dust Palliative for 2017 is $1,359,600.00 The projected budgeted amount for 2017 is $1,404,000.00 The 3 to 4% increase over the allowable amount equaled $38,600 for the total contract. Public Works has been satisfied with GMCO's and Envirotech's service and products and would like to continue to use all three products in the Dust Mitigation Program at this time. vitthsJA-A NAncicL" 11 ta: &AAoir,4,2 PL) 02,15- 17 ad/4-0715 , t7 73 What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to renew/extend the contracts as recommended. 2) The Board may decide not to renew/extend the contracts and go back out to bid. Recommendation: Option (1) to renew/extend the contracts for one year as provided by the contract. Approve Schedule Recommendation Work Session Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway Mike Freeman Barbara Kirkmeyer Attachments pc: Jay McDonald, Curtis Hall, Deanne Norris Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS GRAVEL ROAD MGMT. DIVISION AND ENVIROTECH SERVICES INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 7 day of February, 2017 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works Gravel Road Management Division. hereinafter referred to as the "Department", and Envirotech Services Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 16, 2016 (the `Original Agreement"), identified as document B1600045/ Document number 2016-0715. 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 previous Agreement ended January 2017. • The parties agree to extend the Original Agreement for an additional 365 days 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. Contract Time Extension: This is the first extension of a possible two year extension. 2. Change to the original Bid Schedule: The 2016 Bid Schedule for the original contract will be replaced by the attached 2017 Bid Schedule. 3. Change to the Contract Price: The 2016 contract price for Durablend of $0.Bf per gallon is no modified to $0.92 per gallon during the 2017 Contract Extension Renewal. There is no contract price increase for Basebind of $0.90 per gallon from the 2016 contract to the 2017 contract. The 2017 total contract amount not to exceed $366,000.00. 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. • All other terms and conditions of the Original Agreement remain unchanged. 020/(v - o7/50 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81600045. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Envirotech Services Inc. BY Tim Pike. BUSINESS ADDRESS 910 54`r' Ave, Suite 230 Greeley, CO 80634 TELEPHONE NO f970} 346-3900 FAX (970) 352-0620 TAX ID # 64-1102950 DATE 02/06/2017 SIGNATURE E-MAIL pike@envirot: ervices. WELD COUNTY (S EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #9&03551-0000. vIILs ):, .� l♦I Lot:teI£ t'• •i::1:''-i.•-•i 1'... a FE AT T c T :WAitifts4)�.. ; 64, WELD •J s I i i• E:-:ltli BY: DEPUTY CL' r TO • ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2109/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Svcs CL Cheyenne 1904 Warren Ave. Cheyenne, WY 82001 307 6354231 NAME:AC 1 Valerie an Roybal PHONE , E,t):307-635-4231 I lac,No). 307-635.4237 ADDRESS: valerie.roybal@usi.com INSURER(S) AFFORDING COVERAGE NAIC/I INSURER A: Navigators Specialty Insurance 36056 INSURED EnviroTech Services, Inc. 910 54th Avenue, Suite #230 Greeley, CO 80634 INSURER B: Great American Insurance Compan 16691 INSURER C: Navigators Insurance Company 42307 INSURER o: INSURER E: INSURER F : • REVISION NUMBER: __.--- __.....—.._.._ __ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMS. IN OF INSURANCE NSR SUER POLICY NUMBER (MMFDIDYIYYYY) (MM/DCDY/YEXP ) LIMITS A X COMMERCIAL GENERAL LIABILITY X X CH16NP3709281NC 04/15/2016 04/15/2017 EEAACCMISES $1,000,000 (EaHHOECCCpURpRENCE PREE rrence) $500,000 CLAIMS -MADE X OCCUR MED EXP (Any one Person) S 25,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO" JECT PER: PRODUCTS - COMP/OPAGG 52,000,000 E C AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON-0NMEO AUTOS CHIIBAP01735605 04/15/2016 04/15/2017 FECIaM Ngit?INGLELIMIT $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S S A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE CH16NP3709281NC 04/15/2016 04/15/2017 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $ DEO I I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY XCLUDED? ECUTIVE OFFICERMIEMB PROPRIETOR/PARTNER/EXECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N/A I STATUTE ERH E. L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ B Equipment Floater MAC659954710 04/15/2016 04/15/2017 Sched. Limit $722,504 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Project #81600045, Dust Palliatives Supply. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies include a Waiver of Subrogation endorsement in favor of (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) 1 of 2 #819851809/M18946076 ® 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SMPZP DESCRIPTIONS (Continued from Page 1) the Certificate Holder as referenced above. The General Liability and Automobile Liability policies Include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. Certificate issued usual to manufacturing of dust and deicing products. Automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract or written agreement between the named insured and the certificate holder and with regard to work performed on behalf of the named insured. Provides a Blanket Waiver of Subrogation in favor of the same, when required by written contract. SAGITTA 25.3 (2014(01) 2 of 2 #S19851809/M18946076 Stct )13t12)050 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION'REQUEST RE: Weld County 2017 Dust Palliative Supply, Bid #1600045 DEPARTMENT: PUBLIC WORKS DATE: 01-24-2017 PERSON REQUESTING: Mike Livengood, Gravel Road Mgmt. Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County has two Dust Palliatives Supply Agreements that were bid and approved in March 2016. One agreement is with GMCO Corporation for up to 1,600,000 gallons to be delivered to Weld County shops and provide (3) 20,000 gallon bulk storage tanks. The other agreement is with Envirotech Services Inc. for up to 300,000 gallons of Durablend and up to 100,000 gallons of Basebind to be picked up at their facility, for a total of 2,000,000 gallons. The Dust Palliatives Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 16, 2017, to December 15, 2017, as permitted by the contract. This is the first extension of two, one year extensions. The contract allows for yearly bid adjustments based upon the current ENR Cost Index. The cost increase for like product was 1% this year. Both GMCO Corporation and Envirotech Services requested an increase of 5 and 4% respectively due to their increase in cost of rail ingredients for the Mag-Chloride and Durablend products. Envirotech did not ask for an increase in the Basebind product as they do not have to rail its ingredients. Although this increase is higher than the ENR Cost Index for the year Public Works feels this is a reasonable justification for the increase as it is a regional trend and the products in question are of a specialty nature. Public Works has consulted with Trevor Jiricek and Don Warden in this matter and each of them concur as we are still under budget. Public Works continues to investigate new and more cost effective materials through our experimental budget every year. However, our research and testing have not found any materials that give us equal or better results than our current materials and not in a more cost effective manner for the county. GMCO Corporation will provide Weld County up to 1,600,000 gallons at $0.621/gallon for a total contract price of $993,600.00 and they provide (3) 20,000 gallon bulk storage tanks at no charge. Envirotech Services will provide Weld County up to 300,000 gallons of Durablend at $0.92/gallon for a total of $276,000.00. They will also provide up to 100,000 gallons of Basebind at $0.90/gallon for a total of $90,000.00. Both products to be picked up at Envirotech Services plant in Evans. The total amount projected for the Dust Palliative for 2017 is $1,359,600.00 The projected budgeted amount for 2017 is $1,404,000.00 The 3 to 4% increase over the allowable amount equaled $38,600 for the total contract. Public Works has been satisfied with GMCO's and Envirotech's service and products and would like to continue to use all three products in the Dust Mitigation Program at this time. hvIssz,)- -AracKJ a-�S- n Oktia54) Ito-rnrs aCCfi 7.5 What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to renew/extend the contracts as recommended. 2) The Board may decide not to renew/extend the contracts and go back out to bid. Recommendation: Option (1) to renew/extend the contracts for one year as provided by the contract. AADorove Recommendation Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway Mike Freeman Barbara Kirkmeyer Attachments pc: Jay McDonald, Curtis Hall, Deanne Norris Schedule Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS GRAVEL ROAD MGMT. DIVISION AND GMCO CORPORATION This Agreement Extension/Renewal ("Renewer), made and entered into 7 day of February, 2017 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Pubic Works Gravel Road Manatasnent Didion, hereinafter referred to as the "Department", and O EO C0rooratt$on, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on IbtasrA1$_2O18 (the "Original Agreement"), identified as document B16OOO46/ Q tertl;rexrtber 2016-0715. 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. follows: NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as • The previous Agreement ended January 2017. • The parties agree to extend the Original Agreement for an additionalztum period, which will begin January 1.2017 , and ea 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. Contract Time Extension: This is the first extension of a possible two year extension. 2. Change to the original Bid Schedule The 2016 Bid Schedule for the original contract will be replaced by the attached 2017 Bid Schedule. 3. Change to the Contract Price: The 2016 contract price for 80120 Mag-Chloride of $0.594 per gallon is now modified to $0.621 per gallon for the 2017 Contract Extension Renewal. The 2017 total contract amount not to exceed $993.600.00 4. Supply Bond Requirement: Weld County is requiring all suppliers of Dust Palliative material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish suppiies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. All other terms and conditions of the Original Agreement remain unchanged. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81600045. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM GMCO Corporation. BY. TSs:rc, y !� l�� —J7 h. BUSINESS ADDRESS Pr). jex % % �-' �•�� /cm CITY, STATE, ZIP CODE TELEPHONE NO 9 7j? . c41/J y(Ocs FAX 970 ..��, $ TAX ID # Lic- 7o '-�-Sc(.�7 DATE 2 _1. 77 SIGNATURE E-MAIL �t cs 7 nc c‘eialcie. c e. WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. a ATTEST: WEL BY: R DE:'UTY TO -i-r iE r;ii of County C ao Flo . O 7/5(,z> HUB international Insurance Services (COL) 2742 Crossroads Blvd Grand Junction, CO 81506 INSURED GMCO Corporation PO Box 1480 Rifle, CO 81650 Ate. GMCOCOR-01 CERTIFICATE OF LIABILITY INSURANCE NB-1OPF DATE IMMIODIVYYY) 12/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain �pegol . may require an endorsement. A statement on this certificate does not confer rights to the certificate holder M lieu of Such PRODUCER License 60757776 cp�CT m L n Osman NAMTAE: SAIIC, PHONE , ESN: (303) 252-3762 sac, No1:(866) 243-0727 noDkss: Lynn.bosman@hubinternationai.com INSURERS) AFFORDING COVERAGE INSURER A : Liberty Mutual Insurance Company INSURER s: Pinnacol Assurance Company INSURER C : Zurich American Insurance Company ' INSURER D : INSURER E INSURER F : NAIC -23043 41190 16535 COVERAGES CERTIFICATEUMBER: , Vl91QNfitA1BEit THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IV A X TYPE OF INSURANCE ADOIAIMIltt POLICY NUMBER 01,01,an I POLICY COMMERCIAL GENERAL LIABILITY t i CLAIMS -MADE ! X OCCUR GElfl AGGREGATE LIM+r AHr. IES PEI! HPRO. 1Ll)T Li'C OTHER TB6-Z91-466747-028 12!31/2016 12/31/2017 A AUTOMOBILE LIABILITY X ANY SU!„ AS2-Z91-466747-016 . O'NFn C:ITOIII.I:IL ' AUIUS ONLY MRCS NC*A QM.EL A.IITOS I:IIY H'Ren A I'7I:5 all. r A X UMBRELLA LULS X OCCUR EXCESSLIAB CLAIMS-MAOE' DELI X HEiFiY'.ii'I< 10,000 B WORKERS COMPENSATION AND LOYERS' LIABIUTY ANY 'OR/PARTNEIC.TXECUTIVF i AIEMNER EXECUTED' U desr'I a u.Jm DESCRIPrIONQFSjFrer+^i Inv* C Workers Compensation C Workers Compensation • YIN 12/3112016 12/31/2017 UNlis EACt'CCL'_RREhCr S O4MAGE TO RFMTEl) PHC'ALSES tEa CI .,,n erne! f MrDF.aP+.:ry.v..,.:7.rp.Ah S PE NS, MAL 4 AIP! !h IURI S r'CNFR:-I cii.OHF,Ckklr S PRCY:L'CI!= CClUlLLT--GG 5 S COMBINED Slf?.LE LIMIT tEl adac. $ L'Uf AL Y 'MARY yet p^_rzenl L!ODILY INJURY IFr-i 'I" 11-51! FNOERI ! 7AMM1E IPd1 mxi/le'IN S NIA TH7-Z81-466747-046 12/31/2016 12/31/2017 4155502 i 306 WC969136306 07101/2016 07/01/2017 E L IASE,,5E • FYJLA l I,LMI( 07101/2016 07/01/2017 EA Accident/Employee 07/0112016 07/01/2017 Policy Limit L L Ai.I t:Cs- Iii'RE,v+:F .:.IRF'kl� L CPI' 1'' X 'FR . !. E:CH DESCRIPTION OF OPERATIONS / LOCATIONS' VEHICLES IACORD lot, Additional Remarks Schedule. may be attached or more space H required) This section intentionally left blank. CERTIFICATE HOLDER Weld County 1111 H Street PO Box 758 Greeley, CO 80632 CANCE L TIO 1,000.000 100,000 10,000 1,000,000 2,000.000 2,000,000 2,000,000 S 5,000,000 5,000.000 1,000.000 1.000.000 1,000,000 1000.000 1.000.000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • ACORD 25 (2016!03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Clerk to the Board DATE: April 4, 2016 FROM: Mike Livengood, Public Works Department SUBJECT: Agenda Item RE: Bid No. B1600045 Doc # 2016-0715 Contract Agreement the 2016 Dust Palliative Supply (Renewable for the years 2017 and 2018) with Envirotech Services Inc. M.\Francie\AGENDA memos\Agenda-Curtis.doc 6.1 CZC/4,Gz. 4/ai- 2otG g (A> / ke8) 6v. Laa p1,161 ad/G-67/5' (I) .EG 6073 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Weld County 2016 Dust Palliative Supply, Bid #1600045 DEPARTMENT: PUBLIC WORKS DATE: 03-8-2016 PERSON REQUESTING: Mike Livengood, Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County received bids for the 2016 Dust Palliative Supply contract for up to 2,000,000 gallons of product from the following (2) vendors: GMCO Corporation and Envirotech Services Inc. Weld County has used both Mag-Chloride from GMCO and Durablend from Envirotech for our Dust Mitigation Program for several years. They both have a benefit in the program for our gravel road system. We used the product Basebind from Envirotech as an experimental product last year to help stabilize the gravel roads. After the test we feel there is a benefit to this chemical and would like to incorporate it into the program. Public Works has been satisfied with GMCO's and Envirotech's service and products and would like to use all three products in the Dust Mitigation Program at this time as indicated: o 80/20 Mag-Chloride at a cost of $0.594 per gallon for 80% of the 2,000,000 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations. The Public Works Department also recommends that the Board of County Commissioner accept the bid from GMCO for (2) 20,000 gallon portable storage tanks at Kersey and (1) 20,000 gallon portable storage tank at New Raymer at No Charge. The cost for the 1,560,000 gallons delivered to the county tanks and the supplied portable tanks from GMCO is $950,400. o Durablend at a cost of $0.890 per gallon for 15% of the 2,000,000 gallon bid. The 300,000 gallons can be picked up at Envirotech's facility on Weld County Road 33 south of road 394 at a cost of $267,000 o Basebind at a cost of $0.900 per gallon for 5% of the 2,000,000 gallon bid. The cost for the 100,000 gallons is $90,000 and can be picked up at Envirotech's facility on Weld County Road 33 south of road 394. The budgeted amount for the 2016 Dust Palliative Supply contract is $1,325,750. The contracted amounts as recommended by Public Works for 2016 Dust Palliative Supply contract is $1,307,400. This is a one-year contract used for the Weld County Dust Mitigation Program roads and is renewable for up to two additional years with the contract agreement running from January 2016 to January 2017. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to award the contracts as recommended. 2) The Board may decide not to award the contracts. Recommendation: Option (1) Approve Schedule Recommendation Work Session Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno Attachments pc: Jay McDonald, Curtis Hall M:\FORMS\ W orkSession-passaround2016. doc Other/Comments: ADDENDUM#1 BID REQUEST NO #B1600045 DUST PALLIATIVE SUPPLY PUBLIC WORKS DEPARTMENT PLEASE CHANGE THE BID TO THE FOLLOWING: Page 3 Dust Palliative Supply — 1" paragraph (2) change to (3) Page 3 Dust Palliative Supply —1st paragraph See Page 42 chantey to 13 Page 12 General Condition and Scope - 43. Two additional c hange to three additional Page 14 2016 Bid Schedule — Locations Kersey.1 cimi+t;e.io 2 Page 16 Project Description - 151 paragraph (2) :h Inge to (3) Page 24 Control of material - 2o° paragraph two hant;e to three Page 24 Description — V' paragraph two t hang- to three **PLEASE SIGN AND EMAIL BACK TO PURCHASING bids@weidgov.com. THANK YOU!** Addendum received by: FIRM ADDRESS (;41( C / r CITY AND STATE BY TITL FEBRUARY 11, 2016 02074- - 01i,79)' BID REQUEST NO. B1600045 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR DUST PALLIATAVE SUPPLY Renewable for 2017 and 2018 February 2016 Weld County Public Works Motor Grader Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000, Ext. 3721 BID REQUEST #61600045 Page 1 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control material supply for this project. Invitation to Bid / Notice to Bidders 3-4 Instruction to Bidders 4-5 General Provisions and Information 5-11 Specifications and Scope of Work......... . 2-13 Project Contacts and Submittal Schedule. 13 Bid Schedule and Submittal Requirements. 14 Signature Page 15 Notice of Award/Acceptance Notice 16 Supply Bond 17 W-9 18-21 Anti -Collusion Affidavit...... ...... ............... ... ......... 22 Project Special Provisions.., ...... 23-25 Revision of Section 105, Claims for Contract Adjustment Revision of Section 106, Samples, Tests, Cited Specifications Revision of Section 106, Control of Material Revision of Section 209, Watering and Dust Palliative Guide to Material Testing BID REQUEST #B1600045 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: 2/1/2016 BID NUMBER: B1600045 DESCRIPTION: Dust Palliatives Supply DEPARTMENT: Motor Grader Division of Public Works MANDATORY PRE -BID CONFERENCE DATE: 2/11/2016 BID OPENING DATE: 2/26/2016 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 the following: Dust Palliative Supply The project, in general consists of delivering of 2,000,000 gallons Liquid Dust Palliatives to bulk tanks at our Greeley facility and providing (3) 20,000 gallon bulk storage tanks located in Kersey and New Raymer for use in providing dust mitigation on gravel roads within Weld County. See Page 13 for Terms and Conditions. A mandatory pre -bid conference will be held at 2:00 p.m., on February 11, 2016 at Weld County Public Works. 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 will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:00 am. on February 26, 2016 (Weld County Purchasing Time Clock)` PAGES 1 — 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find 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 Mountain E -Purchasing System (BidNet®) 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 REQUEST #81600045 Page 3 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 0 Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County 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. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. BID REQUEST #81600045 Page 4 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder thatthesubcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B1600045 Page 5 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 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. BID REQUEST #81600045 Page 6 J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. BID REQUEST #B1600045 Page 7 The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. BID REQUEST #B1600045 Page 8 V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County 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. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the BID REQUEST #B1600045 Page 9 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 methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. in consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. 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 BID REQUEST #B1600045 Page 10 bidder. Successful bidder shall include all such subcontractors, independent contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81600045 Page 11 SPECIFICATIONS AND SCOPE OF WORK: Purpose: Weld County is soliciting bids for the delivery of liquid dust palliatives, into bulk storage tanks for the counties Dust Mitigation Program, treating gravel roads throughout Weld County. GENERAL CONDITIONS AND SCOPE: 1. Weld County will not supply any material for this project. 2. The liquid dust palliatives, commonly referred to as an 80/20 blend (80% mag chloride, 20% lignin sulfate or equivalent of complex sugars which have a dark natural color), or equal and/or equivalent to the 80/20 blend. All Chemicals bid other than the 80/20 blend will need to have been reliably demonstrated and show to meet Weld Counties requirements. Vendor will deliver to the bulk 20,000 gallon storage tank located at 1111 H street in Greeley, Colorado and the vendor shall provide three additional 20,000 gallon portable storage tanks to be located at the Weld County Kersey Satellite Facility located at 23636 CR 54, Kersey, Colorado and the other at the Weld County New Raymer Satellite Facility located at 500 CR 129, New Raymer Colorado and include pricing with the product being picked up at the vendors production facility depending on the plant location to be efficiently and economical benefit to be picked up by Weld County. 4. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per minute (GPM) from a truck into the storage tank and from the storage tank to a truck. 5. The storage tank shall be delivered and made ready for use by the contractor within 20 days of notice to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract. 6. The county will provide an accessible and reasonably level area for the setting of the tank. 7. The contractor will follow all rules and regulation stipulated for any permit(s) pertaining to the vendor's site. 8. Project time will be from January 16th through December 15tH 9. Weld County will select the bidder based on the lowest cost to the County. 10. The successful bidder shall provide a Supply Bond to the County as arranged by the parties. 11. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 12. Certified liquid meters are required. 13. Payment shall be made according to the bid prices per gallon times the gallons of material supplied as determined by the metered gallons delivered. All deliveries will be accompanied by a Uniform Straight Bill of Lading and will be left with a Weld County employee or in a provided receptacle. 14. Rental payment for storage tank will be submitted per month and the quote for monthly storage tank rental shall be included with the bid. 15. Weld County Public Works personnel normally work Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 16. The contractor shall make deliveries on an "as needed" basis to keep an adequate supply of dust palliative in the storage tanks. County personnel will help monitor dust palliative storage tank levels and BID REQUEST #B1600045 Page 12 advise the contractor via either phone or Email the approximate quantity needed to complete the daily work schedule. 17. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 18. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2011, unless otherwise stipulated in this document. _.References.to..the.division.shall.mean.Weld .County.and.all documentation. required. will_be. handfed through the Weld County Public Work Department. Schedule: Bids due to Purchasing February 26, 2016 Bids accepted by BOCC March 3, 2016 Weld County Contacts: Question related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Curtis Hall — Operations Manager Weld County Public Works (970) 304-6496, ext. 3734 Jholbrook@weldgov.com TERMS AND CONDITIONS; Weld County Public Works (970) 304-6496, ext. 3721 chall@weldqov.com This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increases of materials, labor or other associated items included in the original cost of the material supply. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index as a measure of reasonableness for justified increases. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the Dust Palliatives Supply contract if, in the opinion of the Public Works Director, the cost increases are not justified or consistent with regional trends. BID REQUEST #81600045 Page 13 PROPOSAL SUBMITTAL REQUIREMENTS: Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 4. o Complete and return bid schedule — page 14. o Complete and return signature — page 15. o Complete and return W-9 — page 18 (if not already on file with County). o Complete and return Anti -Collusion Affidavit — page 22. 2016 BID SCHEDULE 11 I / ti i k' c: _I (� ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives Greeley 1,625,000 Gallons rt; ti, Kersey 250,000 Gallons II, r• r, 1 1 `if i_ , . 1 c(, l., New Raymer 125,000 Gallons • it qGrit] 1I'f ., () Pick Up Gallons tt t ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 106.08 20,000 Gallon Bulk Storage Tank Kersey 1 Per Month It, iA,i 1.. r. t i --,-/ 1 ( , 106.08 20,000 Gallon Bulk Storage Tank With New Raymer 1 Per Month �l t t ( t c , �' i Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver and load material into bulk tanks. Prices for the bulk tanks shall include delivery and made ready for use within 20 days of notice to proceed by the vender along with a pumping system to load the material into and out of the tanks at 250 gallons per minute. The vender shall be responsible for the removal of the tanks at the end of the contract. Weld County will supply a suitable site for the tanks and be responsible for the maintenance and upkeep of the pumps to insure proper operating status. If vendor equips any of the storage tanks with a remote tank monitoring system it will be provided by and maintained by the vendor. BID.REQUEST #B1600045 Page 14 PROPOSAL SUBMITTAL REQUIREMENTS: Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 4. o Complete and return bid schedule — page 14. o Complete and return signature — page 15. o Complete and return W-9 — page 18 (if not already on file with County). o Complete and return Anti -Collusion Affidavit — page 22. 2016 BID SCHEDULE A 11' 1 ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives Greeley 1,625,000 Gallons yj. V Kersey 250,000 250,000 Gallons `I ,- r t- I 1 j New Raymer 125,000 Gallons II, tt Pick Up Gallons ii / ri L' ITEM # ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 106.08 20,000 Gallon Bulk Stora e Tank 9 Kerse Y 1 Per Month 1/ C t c.. ' 1,--i t -`,I C C:-, - +_ ,, v -! c I C 106.08 20,000 Gallon Bulk Storage Tank With New Raymer 1 Per Month 14 c)t. IQ U t ( - i i i r 1 ,., Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver and load material into bulk tanks. Prices for the bulk tanks shall include delivery and made ready for use within 20 days of notice to proceed by the vender along with a pumping system to load the material into and out of the tanks at 250 gallons per minute. The vender shall be responsible for the removal of the tanks at the end of the contract. Weld County will supply a suitable site for the tanks and be responsible for the maintenance and upkeep of the pumps to insure proper operating status. If vendor equips any of the storage tanks with a remote tank monitoring system it will be provided by and maintained by the vendor. BID REQUEST #61600045 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1600045. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor, FIRM 1. it ( (.. 1 I. 1 BUSINESS ADDRESS C`; [ j . j. r: i /i ( / c' 1 CITY, STATE, ZIP CODE , t. (..� TELEPHONE NO (r C ` l C.( ('( FAX :C ( L J �(( TAX ID # j. l/ PRINTED NAME AND TITLE (71//t c' /' r' C ` , c `c 5 (;,_/(,) 5, e (..C? "(.0 SIGNATURE C.�I�•).%..i E-MAIL C>Ci<<"(.• /.. l'ie DATE r I ./ **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11. ATTEST: .Ze feN �C ;ti Weld you ,Clerk to the Bard BY: Deputy CIe" to th BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ern -AL -34,4, Mike Freeman, Chair APR 11 2016 APPROVED AS TO SUBSTANCE: Ele ed 1 or Department Head Director of General Services 074/4, - 6 7/.6) BID REQUEST #61600045 Page 15 Form "9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type I See Specific Instructions on page 2. II 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. EnviroTech Services, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate ❑ Individual/sole single -member box for federal tax classification; check only one of the following seven boxes: 4 Exemptions certain entitles, instructions Exempt payee Exemption code (if any) (Applies ro accounts (codes apply only to not individuals; see on page 3): code (if any) proprietor or M C Corporation Q S Corporation M Partnership IIIII Trust/estate LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) -member LLC that is disregarded, do not check LLC; check the appropriate box in of the single -member owner, lb. ► III Limited liability from FATCA reporting Note. For a single the tax classification the line above for maintained outside the U.S.) ■ Other (see instructions) 5 Address (number, street, and apt. or suite no.) 910 54th Avenue Suite 230 Requester's name and address (optional) 6 City, state, and ZIP code Greeley, Colorado 80634 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter vnt,r TIN In the Ainorooriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. or Employer identification number 8 4 1 1 0 2 9 5 0 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of ; U.S. person ► l ".y 1 ! T l ! : r Date D. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.;rs,gcvrhv9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 10984 (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1, Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. BID REQUEST #B1600045 Page 18 WELD COUNTY. COLORADO ANTI -COLLUSION AFFIDAVIT i'NO CT NO °CATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this hid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 26. Neither the prices nor the amount of the bid of any other firm or person who is a bidder Or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 36. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation. communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high. noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE. AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. •'s rrrn or P, ,/"411.0 BY / /J c;t.ti T,ro iG y 0:1:0 Sworn to before me this My ON,NA C.1,5 al_e4,1/„4ADzii 7-s-aoi day of, ads u.r�n=f NOTE: This document must be signed in ink. a °ice AMY ALEMAN NOTARY PUBLIC PATB OF COLORADO tf1kY !D A 20024020003 EXPIRES JULY i BID REQUEST #61600045 - Page 22 BID REQUEST NO. B 1600045 NOTICE OF AWARD Dust Palliatives Supply To: Envirotech Services Inc. 910 54th Ave, Suite 230 Greeley, Co 80634 Project Description: The project, in general consists of delivering up to 2,000,000 gallons of Liquid Dust Palliatives to bulk tanks and providing (3) 20,000 gallon bulk storage tanks for use in providing dust mitigation on gravel roads within Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $267,000 for 300,000 gallons of Durablend and $90,000 for 100,00 gallons of Basebind to be picked up at your facility at Weld County Road 33 south of road 394 by Weld County. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required irto return an acknowledged copy of this Notice of Award to the Owner. Dated this //1)/day of i -1- , 2016 Weld County, Colorado, net By ..,tom G�r Mike Livengood, Motor Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by: (Contractor) Z_ Dated this 2 day of , 2016 Title: BID REQUEST #81600045 Page 16 SUPPLY CONTRACT BOND Bond No. 106421008 EnviroTech Services, Inc. 910 54th Avenue, Suite 230 KNOW ALL MEN BY THESE PRESENTS, That Greeley, CO 80634 as Principal, (hereinafter called the Supplier), Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183 (here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of Three Hundred Fifty Seven Thousand Dollars and 00/100. $357,000.00 (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer datedMarch 8th2016 to furnish the following briefly described supplies: See Note Below which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the 29th day of March , 2016. EnviroTech S i s, Inc. t 7444 (Principal) (Seal) r./1., -/d1 (Witness) Travelers Casualty and Surety Company of America (Surety) Note: Furnished Supplies Description- Dust Palliative Supply for 2016- Durablend and Basebind (Title Attach valid ... e Power of Attorney Form) Danielle R. Capps.Attorney-in-Fact BID REQUEST #61600045 Page 17 TRAVELERS) POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 106421008 OR Project Description: Dust Palliative Supply for 2016- Durablend and Basebind St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: EnviroTech Services, Inc. Obligee: Weld County KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duty organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"); and that the Companies do hereby make, constitute and appoint Danielle R. Capps of the City of Cheyenne , State of WY , their true and lawful Attorney -in -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of September, 2012. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. St Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company BY: Robert L. Raney, Senior Vice President On this the 10th day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and offidal seal. My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public GIIenTIF: TL40y3U ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Svcs CL Cheyenne 1904 Warren Ave. Cheyenne, WY 82001 CONTACT Valerie A. Roybal, CISR (A/CC, N Ext): 307-6354231 FAx No 307-635-4237 , ADDRESS: valerie.roybai@usi.biz INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Navigators Specialty Insurance 36056 INSURED EnviroTech Services, Inc. 910 54th Avenue, Suite #230 Greeley, CO 80634 INSURER a : Navigators Insurance Company 42307 INSURER C INSURER D : INSURER E : INSURER F : • EVISION NUMBER: WVthfAGt5 vcrx i tin we+. a- g.vmr+l... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADOL INSR SUBR WVD POLICY NUMBER POLICY EFF I (MM/DD/YYYY) (MM/DD/YYYY) POLICY EXP LMIAITS LTRR A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY x x CHI5NP370928 CH15NP370928 04/15/2015 04/15/2015'04/15/201 04/15/201 EACH OCCURRENCE $1,000,000 Ep PREMISES (Ea oca rrrence) $ 500,000 MED EXP (Any one person) $ 25,000 CLAIMS -MADE i X OCCUR PERSONAL & ADV INJURY $1,000,000 A Pollution Included GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES JECT PRO-LOC PER: $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED CH11 BAP01735 04/15/2015 ! 04/15/201 CBINED (EaOMaccident)SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A x UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE CH15NP370928 04/15/2015 04/15/2016 EACH OCCURRENCE I $1,000,000 AGGREGATE $1,000,000 1 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N N / A ( WC STATU- I I OTH-' TORY LIMITS I 1ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION RE: The notice Certificate (See OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Project #B1600045, Dust Palliatives Supply. General Liability and Automobile Liability policies include an endorsement providing that 30 days of cancellation will be given to the Certificate Holder by the Insurance Carrier. issued usual to manufacturing of dust and deicing products. Automatic Additional Insured Attached Descriptions) CERTIFICATE HOLDER Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 2 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ® A '`►" CERTIFICATE OF LIABILITY INSURANCE DATE (NIMIDD/YY 3/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Sox 578 Greeley CO 80632 CONTACT Valerie Love, CIC, CISR NAME: PHONE (970) 356-0123 ( Na): (970)330-1867 No. Ext): WC. "mILADORE33:VLove@F10odPeter80n.00m INSURER(S) AFFORDING COVERAGE NAIC INSURER A:PinnaCOl Assurance 41190 INSURED Envirotech Services, Inc. 910 54th Avenue, Suite 230 Greeley CO 80634 INSURER B :Zurich North America 16535 INSURER C : INSURER D : INSURER E : INSURER F : MBER: COVERAGES VCrci Irma.. I c numocr%.-- - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADMSUER INSD WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES r PER: PRODUCTS - COMP/OP AGG $ POLICY I PR JECT LOC $ AUTOMOBILE OTHER: LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS LIAR -y I OCCUR I EACH OCCURRENCE $ AGGREGATE $ CLAIMS -MADE $ j I RETENTION$ A B WORKERS AND ANY OFFICER/MEMBER (Mandatory If yes DESCRIPTION DED COMPENSATION EMPLOYERS' LIABILITY PROPRIETOR/PARTNER/EXECUTIVE toryIn EXCLUDED? In NH) describe under OF OPERATIONS Y ( N N I A 2108372 Colorado NC546705305 Other States 2/1/2016 2/1/2016 2/1/2017 2/1/2017 PER OTH- X I STATUTE I ET E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 , E.L. DISEASE - EA EMPLOYEE below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION Waiver Of OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) of subrogation applies in favor of Weld County CERTIFICATE HOLDER (970)356-4000 Weld County Public Works Department 1111 H Street PO Box 758 Greeley, CO 80632 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Heidi Mink/HMINK �eg;e4;e1eii-e-e..-a ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Mike Livengood, Motor Grader Supervisor Project Manager: Curtis Hall, Operations Manager Project Inspector: Josh Holbrook, Supervisor REVISION OF SECTION 106 SAMPLES, TESTS, CITED SPECIFICATIONS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised as follows: 1) All material shall be made available for inspection by Weld County personnel. 2) The Vendor shall submit a Quality Control Plan to Weld County once the contract has been approved. BID REQUEST #B1600045 Page 23 REVISION OF SECTION 106 CONTROL OF MATERIAL Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. The contractor shall provide three 20,000 gallon portable storage tanks to be located in the lot of the Weld County Kersey Satellite Facility located at 23636 CR 54, Kersey, Colorado and the other at the Weld County New Raymer satellite Facility located at 500 CR 129, New Raymer Colorado. The contractor shall provide the ability to pump liquids at least 250 gallons per minute (GPM) from a truck into the storage tank and from the storage tank to a truck. ..The. storage tank shall .be _deliver.ed .an.d..m.ade..read.y.for use. by. the contractor, within..20..days.of.notice. to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract. The county will provide an accessible and reasonably level area for the setting of the tank. Payment will be made under: Pay Item Pay Unit Storage Tank Monthly Sum REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Section 209.01 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION This work consists of the delivery of liquid dust palliatives, commonly referred to as an 80/20 blend (80% mag chloride 20% lignin sulfate), into bulk storage tanks. The bulk storage tanks in the amount of 20,000 gallons are located at 1113 H Street, and the Contractor will provide three other 20,000 gallons of storage. The liquid dust palliatives shall be delivered on a daily basis as needed. Subsection 209.02, 4i" paragraph, delete 1St sentence and replace it with the following: The dust palliative shall consist of a magnesium chloride base agent, water, lignin sulfate, and other enhancing or nondetrimental ions. In subsection 209.02, delete the chart of Chemical Constituents and replace with the following: Chemical Constituents Percent by mass (weight) Magnesium Chloride Lignin Sulfate or Equivalent of Complex Sugars Enhancing or Nondetrimental Ions Water 22.4-28 4.6-5.6 0-5 61.4-73 BID REQUEST #81600045 Page 24 GUIDE FOR MATERIALS SAMPLING AND TESTING. TEST METHODS 1. Percent Concentration of Active Ingredient in the Liquid Test Method: Atomic Absorption or Inductively Coupled Plasma Spectrophotometry as described in "Standard Methods for the Examination of Water and Waste Water", APHA-AWWA-WPCF is acceptable. Test Method "A" in Appendix "A" is used to determine percent concentration of Calcium Chloride or Magnesium Chloride by Atomic Absorption. The operator should be aware that the high solids content of the samples can present special considerations when conducting the analysis. 2, Weight per Gallon ....................................................................................................................................................... ... Test Method: Specific Gravity by ASTM D 1429 Test Method A - Pycnometer at 20 C +1- 1 C. BID REQUEST #B1600045 Page 25 MEMORANDUM TO: Clerk to the Board DATE: April 4, 2016 FROM: Mike Livengood, Public Works Department SUBJECT: Agenda Item RE: Bid No. B1600045 Doc # 2016-0715 Contract Agreement the 2016 Dust Palliative Supply (Renewable for the years 2017 and 2018) with GMCO Corporation. M \Francie\AGENDA memos\Agenda-Curtis.doc /t4O//e- (1(41-/ 070(6-O7156y) 660073 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Weld County 2016 Dust Palliative Supply, Bid #1600045 DEPARTMENT: PUBLIC WORKS DATE: 03-8-2016 PERSON REQUESTING: Mike Livengood, Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County received bids for the 2016 Dust Palliative Supply contract for up to 2,000,000 gallons of product from the following (2) vendors: GMCO Corporation and Envirotech Services Inc. Weld County has used both Mag-Chloride from GMCO and Durablend from Envirotech for our Dust Mitigation Program for several years. They both have a benefit in the program for our gravel road system. We used the product Basebind from Envirotech as an experimental product last year to help stabilize the gravel roads. After the test we feel there is a benefit to this chemical and would like to incorporate it into the program. Public Works has been satisfied with GMCO's and Envirotech's service and products and would like to use all three products in the Dust Mitigation Program at this time as indicated: o 80/20 Mag-Chloride at a cost of $0.594 per gallon for 80% of the 2,000,000 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations. The Public Works Department also recommends that the Board of County Commissioner accept the bid from GMCO for (2) 20,000 gallon portable storage tanks at Kersey and (1) 20,000 gallon portable storage tank at New Raymer at No Charge. The cost for the 1,560,000 gallons delivered to the county tanks and the supplied portable tanks from GMCO is $950,400. o Durablend at a cost of $0.890 per gallon for 15% of the 2,000,000 gallon bid. The 300,000 gallons can be picked up at Envirotech's facility on Weld County Road 33 south of road 394 at a cost of $267,000 o Basebind at a cost of $0.900 per gallon for 5% of the 2,000,000 gallon bid. The cost for the 100,000 gallons is $90,000 and can be picked up at Envirotech's facility on Weld County Road 33 south of road 394. The budgeted amount for the 2016 Dust Palliative Supply contract is $1,325,750. The contracted amounts as recommended by Public Works for 2016 Dust Palliative Supply contract is $1,307,400. This is a one-year contract used for the Weld County Dust Mitigation Program roads and is renewable for up to two additional years with the contract agreement running from January 2016 to January 2017. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to award the contracts as recommended. 2) The Board may decide not to award the contracts. Recommendation: Option (1) Approve Schedule Recommendation Work Session Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno .17' Attachments pc: Jay McDonald, Curtis Hall M \FORMS\ W orkSession-passaround20l6.doc Other/Comments: ADDENDUM#1 BID REQUEST NO #B1600045 DUST PALLIATIVE SUPPLY PUBLIC WORKS DEPARTMENT Page 3 Dust Palliative Supply -15t paragraph (2) change to (3) Page 3 Dust Palliative Supply -1$Y paragraph See Page 42 change to 13 Page 12 General Condition and Scope - #3. Two additional change to three additional Page 14 2016 Bid Schedule — Locations Kersey 1 change to 2 Page 16 Project Description - paragraph (2) change to (3) Page 24 Control of material - 2"d paragraph two change to three Page 24 Description --1" paragraph two change to three SIGN AND EMAIL BACK TO PURCHASING bids@weldqov.com. THANK YOU!** Addendum received by: FEBRUARY 11, 2016 C FIRM ADDRESS CITY AND STATE TITLE btr.ft`;Ierz 71" BID REQUEST NO. 131600045 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR DUST PALLIATAVE SUPPLY Renewable for 2017 and 2018 February 2016 Weld County Public Works Motor Grader Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-3564000, Ext. 3721 BID REQUEST #B1600045 Page 1 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control material supply for this project. Invitation to Bid / Notice to Bidders 3-4 Instruction to Bidders 4-5 General Provisions and Information 5-11 Specifications and Scope of Work........................ 12-13 Project Contacts and Submittal Schedule.. 13 Bid Schedule and Submittal Requirements. 14 Signature Page 15 Notice of Award/Acceptance Notice 16 Supply Bond 17 W-9 18-21 Anti -Collusion Affidavit ............................22 Project Special Provisions..... 23-25 Revision of Section 105, Claims for Contract Adjustment Revision of Section 106, Samples, Tests, Cited Specifications Revision of Section 106, Control of Material Revision of Section 209, Watering and Dust Palliative Guide to Material Testing BID REQUEST #B1600045 0 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: 2/1/2016 BID NUMBER: B1600045 DESCRIPTION: Dust Palliatives Supply DEPARTMENT: Motor Grader Division of Public Works MANDATORY PRE -BID CONFERENCE DATE: 2/11/2016 BID OPENING DATE: 2/26/2016 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 the following: Dust Palliative Supply The project, in general consists of delivering of 2,000,000 gallons Liquid Dust Palliatives to bulk tanks at our Greeley facility and providing (3) 20,000 gallon bulk storage tanks located in Kersey and New Raymer for use in providing dust mitigation on gravel roads within Weld County. See Page 13 for Terms and Conditions. A mandatory pre -bid conference will be held at 2:00 p.m., on February 11, 2016 at Weld County Public Works. 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 will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:00 am. on February 26, 2016 (Weld County Purchasing Time Clod), PAGES 1 — 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at Otto://vvww.co.weld.co.us/Departments/Purchasinqiindex.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System, The Rocky Mountain E -Purchasing System (BidNet®) 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 REQUEST #81600045 Page 3 Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com.. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. 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. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County 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. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. BID REQUEST #81600045 Page 4 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractorshall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B1600045 Page 5 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 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. BID REQUEST #B1600045 Page 6 J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. BID REQUEST #B1600045 Page 7 The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. BID REQUEST #B1600045 Page 8 V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. ...................................................................... 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County 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. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, • agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the BID REQUEST #B1600045 Page 9 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 methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. 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 BID REQUEST #81600045 Page 10 bidder. Successful bidder shall include all such subcontractors, independent contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81600045 Page 11 SPECIFICATIONS AND SCOPE OF WORK: Purpose: Weld County is soliciting bids for the delivery of liquid dust palliatives, into bulk storage tanks for the counties Dust Mitigation Program, treating gravel roads throughout Weld County. GENERAL CONDITIONS AND SCOPE: 1. Weld County will not supply any material for this project. 2. The liquid dust palliatives, commonly referred to as an 80/20 blend (80% mag chloride, 20% lignin sulfate or equivalent of complex sugars which have a dark natural color), or equal and/or equivalent to the 80/20 blend. All Chemicals bid other than the 80/20 blend will need to have been reliably demonstrated and show to meet Weld Counties requirements. 3. Vendor will deliver to the bulk 20,000 gallon storage tank located at 1111 H street in Greeley, Colorado and the vendor shall provide three additional 20,000 gallon portable storage tanks to be located at the Weld County Kersey Satellite Facility located at 23636 CR 54, Kersey, Colorado and the other at the Weld County New Raymer Satellite Facility located at 500 CR 129, New Raymer Colorado and include pricing with the product being picked up at the vendors production facility depending on the plant location to be efficiently and economical benefit to be picked up by Weld County. 4. The contractor shall provide the ability to pump liquids at a rate of at least 250 gallons per minute (GPM) from a truck into the storage tank and from the storage tank to a truck. 5. The storage tank shall be delivered and made ready for use by the contractor within 20 days of notice to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract. 6. The county will provide an accessible and reasonably level area for the setting of the tank. 7. The contractor will follow all rules and regulation stipulated for any permit(s) pertaining to the vendor's site. 8. Project time will be from January 16th through December 15th. 9. Weld County will select the bidder based on the lowest cost to the County. 10. The successful bidder shall provide a Supply Bond to the County as arranged by the parties. 11. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 12. Certified liquid meters are required. 13. Payment shall be made according to the bid prices per gallon times the gallons of material supplied as determined by the metered gallons delivered. All deliveries will be accompanied by a Uniform Straight Bill of Lading and will be left with a Weld County employee or in a provided receptacle. 14. Rental payment for storage tank will be submitted per month and the quote for monthly storage tank rental shall be included with the bid. 15. Weld County Public Works personnel normally work Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 16. The contractor shall make deliveries on an "as needed" basis to keep an adequate supply of dust palliative in the storage tanks. County personnel will help monitor dust palliative storage tank levels and BID REQUEST #B1600045 Page 12 advise the contractor via either phone or Email the approximate quantity needed to complete the daily work schedule. 17. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 18. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2011, unless otherwise stipulated in this document. References.to..the.division.shall.mean.Weld County.and.all documentation. required. will..be. handled through the . Weld County Public Work Department. Schedule: Bids due to Purchasing February 26, 2016 Bids accepted by BOCC March 3, 2016 Weld County Contacts: Question related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Curtis Hall — Operations Manager Weld County Public Works (970) 304-6496, ext. 3734 Jholbrook@weldgov.com TERMS AND CONDITIONS: Weld County Public Works (970) 304-6496, ext. 3721 chall@weldgov.com This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increases of materials, labor or other associated items included in the original cost of the material supply. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index as a measure of reasonableness for justified increases. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the Dust Palliatives Supply contract if, in the opinion of the Public Works Director, the cost increases are not justified or consistent with regional trends. BID REQUEST #B1600045 Page 13 PROPOSAL SUBMITTAL REQUIREMENT'S: Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 4. o Complete and return bid schedule — page 14. o Complete and return signature — page 15. o Complete and return W -B — page 18 (if not already on file with County). o Complete and return Anti -Collusion Affidavit — page 22. - 2016 BID SCHEDULE ITEM It 209.08 ITEM LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT Liquid Dust Palliatives —`__._ Greeley 1,625,000 Gallons $0,5914 , l ✓9 t �(g6.0�� 6 � • Kersey 250,000 Gallons $0 i51il '4tLit i sto. 6b New Rayrner 125,000 Gallons l y' A --r4 ! '2. . co Pick Up Gallons * 0.5 `1Li iTEM L' ITEM LOCATION QUANTITY UNIT PRICE PER UNIT 106.08 20,000 Galion Bulk Storage Tank Kersey X2 Per Month No �e. 106.013 20,000 Gallon Bulk Storage Tank With New Rayrner Per Month A2 CONTRACT PRICE Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver and load material into bulk tanks. Prices for the bulk tanks shall include delivery and made ready for use within 20 days of notice to proceed by the vender along with a pumping system to load the material into and out of the tanks at 250 gallons per minute. The vender shall be responsible for the removal of the tanks at the end of the contract. Weld County will supply a suitable site for the tanks and be responsible for the maintenance and upkeep of the pumps to insure proper operating status. If vendor equips any of the storage tanks with a remote tank monitoring system it will be provided by and maintained by the vendor. BID REQUEST #51600045 • ....r.!...r,.-c-775.7, f. zr , It717T -*,arm 4,777 ,»a.r,n?^nrtrMa,ca,,2 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1600045. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Y ii i- `�Y `Jrr..J. E r BUSINESS ADDRESS 'p r CITY, STATE, ZIP CODE R ; -c Le_ 1 cc U (U5U TELEPHONE NO CI Co7 -G \CC FAX n,C) .`.„'- 2$ --c-k PRINTED NAME AND TIT I E `�Y' Y^r'� \, SIGNATURE �-�'" E-MAIL i 4" ;�, p } �' ( F; . ^ t R DATE h a\ ; '2,2 , \l r **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11. TAX ID# Zci ATTEST: d C,1 da "e4. Weld C e nt, Clerk to the Bo-: rd BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO *414 - Deputy CI "k to the Boa �'�°� ✓LCha•- j �� ike Freeman, Chair BID REQUEST #81600045 APR 11 201E PROVED AS TO SUBSTANCE: Director of Genera ervices r e.2o/6-a7i•sal Page 15 Form 1N-9 (Rev. December2014) Department of the Treasury Internal Revenue Service Request for Taxpayer identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. GMCO Corporation 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (If any) Ill individual/sole proprietor or ❑ C Corporation El S Corporation ❑ Partnership II Trust/estate single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)► -member LLC that is disregarded, do not check LLC; check the appropriate box in of the single -member owner. ► El Limited liability from FATCA reporting Note. For a single the tax classification the line above for ■ Other (see instructions) maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) P.O. Box 1480 Requester's name and address (optional) 6 City, state, and ZIP code Rifle, CO 81650 7 List account number(s) here (optional) Part I Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number or Employer identification number 4 5 4 0 2 B 9 2 9 MU Certification Under penalties of perjury, i certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct, Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person I. General Iuctions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following: • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-7 (tuition) • Form 1099-C (canceled debt) + Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) WELT) COJTNTY_ COLORADO ANTI -COLLUSION AFFIDAVIT PROJECT NO. Lcv:istk� I hereby attest that I am the person responsible within my firm for the final decision as to the prices) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further a ttost that: 1.. The price(s) and amount of this bid have been arrived at independently, Without consultation, communication or agreement for the purpose or with the effect of restricting Competition with any other firm or person who is a bidder or potential prime bidder. 2k Neither the price(.) nor the amount of this bid have been disclosed to any other firm or person who is a bidder 'or potential prime bidder on this project.. and will not be so disclosed prior to bid opening. 28.. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my fins. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain irons bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 313. No agreement has been promised or solicited for any other firm or person who is s bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain front bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. ti. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of valve by arty firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project, r" I have made a diligent inquiry of ail members, officers, employees,. and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project anti have been advised by each of them that he or she haas not participated- in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8, t understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Dep itiment of 'Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR !"EDCRAt. LAWS, THAT TI•tE STAT'EMEN'TS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. t`.r,^.vlt:t;1;`J. •;VIT. t:rrlb:.s •• Sworn to before me this r7 My - day of, NOTE: This diocurrront must be signed in ink, • .a _ S _ — _ ♦ BRITTNIE DENAE DILLON Notary Public State of Colorado Notary ID 20144048713 Aly.,Comminkmaspialaicala - t ra BID REQUEST #B1600045 KVAILISIMMIONNII Page 22 BID REQUEST NO. B 1600045 NOTICE OF AWARD Dust Palliatives Supply To: GMCO Corporation P.O. Box 1480 Rifle, CO 81650 Project Description: The project, in general consists of delivering up to 2,000,000 gallons of Liquid Dust Palliatives to bulk tanks and providing (3) 20,000 gallon bulk storage tanks for use in providing dust mitigation on gravel roads within Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $950,400 for 1,600,000 gallons of 80/20 Maq-Chloride and supplying (2) 20,000 gallon portable storage tanks at the Weld County Kersey Facility and (1) 20,000 gallon portable storage tank at the Weld County New Raymer Facility at no charge. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this / /liday of 1n �. , 2016 Weld County, Colo rar o,O By Mike Livengood, Moto der Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by: s%0 -7t ,07 (Contractor) Dated this %e. .714 day of , 2016 Title: Prey etc BID REQUEST REQUEST #B1600045 Page 14 GMCOCOR-01 MHOFF Ak4C4C3D1?k^ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 2/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services (COL) 2742 Crossroads Blvd Grand Junction, CO 81506 CONTACT NAME: Joan Teeple PHONE 720 207-2329 1 FAX (866) 243-0727 IA1c, No, End ( ) (A C, Not: • ADDRE$5: Joan.pl=.tee le hubinternational.com ADRE INSURER(S) AFFORDING COVERAGE NAIC ft INSURER A :Zurich American Insurance Company 16535 INSURED GMCO Corporation PO Box 1480 Rifle, CO 81650 INSURER B: American Guarantee & Liability 26247 INSURER C : Pinnacol Assurance Company 41190 INSURER D : INSURER E ; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EXCLUSIONS AND:CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDL INSO 4WD POLICY NUMBER (MMIDDIYYYY) (MIDDJYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X I OCCUR GLA399130614 12/31/2015 12/31/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE I DAMAGETO RENTED PREMISES (Ea a;utrrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L WI AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED j SCHEDULED HIREDSAUTOS X NON -OWNED __ i AUTOS GLA399130614 12131/2015 12/31/2016 , COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B )( UMBRELLA LIAR EXCESS (JAB X OCCUR CLAIMS -MADE, AUC485679105 12/31/2015 12/31/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED i ` RETENTION $ $ C . WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY XECUTIVE ( -NI OFFICER/MEMBER PRO RI BER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N J A 4155502 07/01/2015 07/01/2016 0TH - X I STATUTE I 1ER _ E.L. EACH ACCIDENT _ S 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A Worker's Comp AZ TX Worker's Comp WC969136305 WC969136305 07/01/2015 07/01/2015 07/01/2016 07!01!2016 EA ACCIDENTIEMPLOYEE 1,000,000 POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 161, Additional Remarks Schedule, may he attached if more space is required) This section intentionally left blank. CANCELLATION Weld County Purchasing Department P 1150 O Street, Room #107 Greeley, CO 80631 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i llV// © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Bond No. 2206126 PERFORMANCE BOND Dust Palliatives Supply KNOW ALL MEN BY THE PRESENTS; that GMCO Corporation (Name of Vender) P.O. Box 1480, Rifle, CO 81650 (Address of Vender) Corporation Vender, and a (Corporation. Partnership, or Individual) North American Specialty Insurance Company hereinafter called Principal, (Name of Surety) 475 N. Martingale Road, Suite 850, Schaumburg, IL 60173 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld Court, Colorado (Name of Owner) 1111 H Street, P.O. Box 758, Greeley, CO 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Nine Hundred Fifty Thousand Four Hundred and NO/100 Dollars, ($ 950,400.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 16th day of March , 2016 , a copy of which is hereto attached and made a part hereof for the construction of: Dust Palliatives Supply: described in the Invitation for Bid, Bid No. B1600045 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; othe4`wise to remain in force and effect. PROVIDED, FURTHER; that the said Surety for value received hereby stipulates and agrees that no change, • extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Bond No. 2206126 PERFORMANCE BOND Dust Palliatives Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an orig.' this 23rd day of March O-�G-�vt.�z-✓t�� t� ontracor) Se (SEAL) (Witness as to Contractor ATTEST_. urety) Secretary Witness as to Surety 2742 Crossroads Blvd., Grand Junction, CO 81506 (Address) GMCO Corporation .2016 P.O. Box 1480, Rifle, CO 81650 (Address) (Address) North American Specialty Insurance Company Surety 13y torney-in- • ct - Timothy J. Blanchard 475 N. Martinga oad, Suite 850, Schaumburg, IL 60173 (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Bond No. 2206126 LABOR & MATERIALS PAYMENT BOND Dust Palliatives Supply KNOW ALL MEN BY THE PRESENTS; that GMCO Corporation (Name of Contractor) P.O. Box 1480, Rifle, CO 81650 (Address of Contractor) Corporation Contractor, and a (Corporation. Partnership, or Individual) North American Specialty Insurance Company , hereinafter called (Name of Surety) 475 N. Martingale Road, Suite 850, Schaumburg, IL 60173 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) 1111 H Street, P.O. Box 758, Greeley, CO 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Nine Hundred Fifty Thousand Four Hundred and NO/100 Dollars, (5 950,400.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 16th day of March , 20 16 , a copy of which is hereto attached and made a part hereof for the construction of: Dust palliatives supply described in the Invitation for Bid, Bid No. B1600045 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED. FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder. whose claim may be unsatisfied. Bond No. 2206126 LABOR & MATERIALS PAYMENT BOND Dust Palliatives Supply IN WITNESS WHEREOF, this instrument is executed in live (5) counterparts, each one of which shall be deemed an original, this 23rd day of March . 20 16 (SF Al.) (Witness as to Contractor (Address) (SEAL) 1Vitncss as to,Surety 2742 Crossroads Blvd., Grand Junction, CO 81506 (Address) GMCO Corporation Contract P.O. Box 1480, Rifle, CO 81650 (Address) North American Specialty Insurance Company Surety t3' A -in-Pact - Ti othy J. Blanchard 475 N. Martingale ' .ad, Suite 850, Schaumburg, IL 60173 (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TIMOTHY J. BLANCHARD, ANITA C. KELLER, BROOKE DIANA LEE BECK, TERRI L. REESE, VICKIE GOLOBIC, ROBERT CHARLES TORREZ, JONATHAN B. LAND and CHRISTINA L. TOWNSEND JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." y Steven StP. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company By Michael A. Ito, Senior Vice President ofWashington International Insurance Company & Senior Vice President of North American Specialty Insurance Company IN WITSS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of September , 2015 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 28th day of September , 2015 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF d.UNOIS MY COMMISSION EXPIRES 12/0412017 M. Kenny. Notary Public I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rd day of March , 2016. Jeffrey Goldberg. Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company REVISION OF SECTION 106 CONTROL OF MATERIAL Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. The contractor shall provide three 20,000 gallon portable storage tanks to be located in the lot of the Weld County Kersey Satellite Facility located at 23636 CR 54, Kersey, Colorado and the other at the Weld County New Raymer satellite Facility located at 500 CR 129, New Raymer Colorado. The contractor shall provide the ability to pump liquids at least 250 gallons per minute (GPM) from a truck into the storage tank and from the storage tank to a truck. The storage tank .shall be_delivered ..and made ready for use by the contractor within .20. days of notice to proceed. The contractor shall be responsible for the removal of the tank at the end of the contract. The county will provide an accessible and reasonably level area for the setting of the tank. Payment will be made under: Pay Item Pay Unit Storage Tank Monthly Sum REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Section 209.01 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION This work consists of the delivery of liquid dust palliatives, commonly referred to as an 80/20 blend (80% mag chloride 20% lignin sulfate), into bulk storage tanks. The bulk storage tanks in the amount of 20,000 gallons are located at 1113 H Street, and the Contractor will provide three other 20,000 gallons of storage. The liquid dust palliatives shall be delivered on a daily basis as needed. Subsection 209.02, 4t11 paragraph, delete 152 sentence and replace it with the following: The dust palliative shall consist of a magnesium chloride base agent, water, lignin sulfate, and other enhancing or nondetrimental ions. In subsection 209.02, delete the chart of Chemical Constituents and replace with the following: Chemical Constituents Percent by mass (weight) Magnesium Chloride Lignin Sulfate or Equivalent of Complex Sugars Enhancing or Nondetrimental Ions Water 22.4-28 4.6-5.6 0-5 61.4-73 BID REQUEST #B1600045 Page 24 GUIDE FOR MATERIALS SAMPLING AND TESTING. TEST METHODS 1. Percent Concentration of Active Ingredient in the Liquid Test Method: Atomic Absorption or Inductively Coupled Plasma Spectrophotometry as described in "Standard Methods for the Examination of Water and Waste Water", APHA-AWWA-WPCF is acceptable. Test Method "A" in Appendix "A" is used to determine percent concentration of Calcium Chloride or Magnesium Chloride by Atomic Absorption. The operator should be aware that the high solids content of the samples can present special considerations when conducting the analysis. 2. Weight per Gallon Test Method: Specific Gravity by ASTM D 1429 Test Method A - Pycnometer at 20 C +1- 1 C. BID REQUEST #61600045 Page 25 MEMORANDUM TO: Board of Commissioners DATE: March 8, 2016 FROM: Jay McDonald, Public Works Director SUBJECT: Dust Palliative Supply for 2016 (BID REQUEST NO. B1600045) Weld County Public Works Department is recommending that the Board of County Commissioners accept the low bid from GMCO Corporation, for 80/20 Mag-Chloride for the Dust Palliative Supply for 2016 at a cost of $0.594 per gallon for 80% of the 2,000,000 gallon bid to be delivered to the Weld County Public Works Greeley, Kersey and New Raymer locations. The Public Works Department also recommends that the Board of County Commissioner accept the bid from GMCO for (2) 20,000 gallon portable storage tanks at Kersey and (1) 20,000 gallon portable storage tank at New Raymer at No Charge. The cost for the 1,560,000 gallons delivered to the county tanks and the supplied portable tanks from GMCO is $950,400. Weld County Public Works Department is recommending that the Board of County Commissioners accept the alternate bid from Envirotech Services Inc. for Durablend for the Dust Palliative Supply for 2016 at a cost of $0.890 per gallon for 15% of the 2,000,000 gallon bid. The 300,000 gallons can be picked up at Envirotech's facility on Weld County Road 33 south of road 394 at a cost of $267,000 Weld County Public Works Department also recommends that the Board of County Commissioner accept the alternate bid from Envirotech Services Inc. for Basebind for the Dust Palliative Supply for 2016 at a cost of $0.900 per gallon for 5% of the 2,000,000 gallon bid. The cost for the 100,000 gallons is $90,000 and can be picked up at Envirotech's facility on Weld County Road 33 south of road 394. The total budget for the 2016 dust palliative supply is $1,325,750. This recommendation is for a total of 1,950,000 gallons of dust palliative totaling $1,307,400. If you have any questions please call Jay at extension 3761 or Curtis at extension 3721. Z/1p -O7/5 ��bo7 N O d' U `o T N (..D N rn Q O U o ->'. 7: I--- a)� 00 3 a) a (O O N M E o o1 -ti O i d O to in M a) . r) c ) Z_ o oE' C) o wa) E Pte,. p 0 : iii _I O 03 c6 c wLo 2 E O X �WWdIU >- J CL a (O � d o O W W N(„12 CD N Q N Y } c‘- aO co QF-- m W• pauj o I- L_ai O Q bOz, Qp WWmOJ �a)I ..Z> OwcOwQ wa • �C�a/er O I.L. O W O Q LU 0 Z QO OD CONTRACT PRICE Z 0 J -J LOCATION VENDORS MAG CHLORIDE I I I O 0 0 O 0z Z z O • 00 ci o LO N LO N o6 Tr - C) EA Ntvvry O)CAO)CA L() L() L() L() O O O O 69EH69EA- CD O O O O OO L() O L() (0LO N Nr- a) Z 0 Q 0_ O 0 coo ct c0 co ao OU x0 0 m U U 0 LL. Alt #1 — Durablend O OOO rn• rnrn0 ER ER d3 O O O O O O O CD O00 L() 0 LC; LNONT T a) E O YZd U Z w LU U 5O M tM W w O Oo = CCc w Fw-<0 0 a) Z a) Wcc) O' Alt #2 — Basebind O OOO Ln L() L() O O)O)O)O) O O O O 69 EA ER EA O O O O • OO LC; O LO - • LO N T U Z LU U �O M W*kM a) o = 2 0 �Q0 O� Lva) -O_ a) O rnO *PUBLIC WORKS WILL REVIEW THE BIDS. Hello