HomeMy WebLinkAbout20151022.tiff&n7 aet to e T/3y
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: 2017 Renewal for the Emulsion dust control supply to be used on FDR projects.
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4/17/2017
PERSON REQUESTING: Duane R. Naibauer, Weld County Public Works
Brief description of the problem/issue:
The Cobitco, Inc Agreement may be extended from May 18, 2017 to May 17, 2018, as permitted by the contract. This
extension would be in the third (3rd) year of a possible three-year term limit. The contract also allows for yearly rate
adjustments based upon the Engineering News and Record (ENR) for Asphalt PG 58 oil in Denver, which did not have an
increase. The Denver/Boulder/Greeley index increase is 2.7% for this year. Cobitco has asked for a cost increase this year
and submitted prices that are 1.35% and 1.15% higher than last year's price. The total contract amount would be $80,000.00,
which is the budget amount for 2017.
Cobitco was awarded this contract in 2015 as the low and sole bid vendor, the department has been satisfied with their
product.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Board may either approve or deny the contract renewal/extension.
Recommendation to the Board:
Public Works recommend's the approval of the Contract extension/renewal to Cobitco, Inc under the Emulsion Dust Control
contract.
Approve Schedule
Recommendation Work Session
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkineyer
Steve Moreno, Pro-Tem
cc: Jay McDonald
Curtis Hall
Duane Naibauer
Mona Weidenkeller
Janet Lundquist
Attachments:
2017 Contract Agreement extension/renewal
2017 Bid Schedule
2016 vs. 2017 Cost comparison
tAtv
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Comments
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CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AND COBITCO, INC.
This Agreement Extension/Renewal rRenewar), made and entered into n8 day of May. 20?✓7 by and between the Board of
Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the
'Department, and Cobitco, Inc, hereinafter referred to as the 'Contractor".
WHEREAS the parties entered into an agreement on May 18, 2015 (the 'Original Agreement"), identified as document
Ba1500096 / 2015-1022
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 wall end on May 17, 2017.
The parties agree to extend the Agreement for an additional one year period, which will begin May 18.2017 and will end
on May 17 2018.
The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following
change is hereby made to the Contract Documents:
1. This extension will be the third year of a possible three year contract
2. The 2015 Bid Schedule of the contact shall be replaced by the attached 2017 Bid Schedule, which is incorporated herein.
3. The total contract amount not to exceed $80,000.00.
M 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:
�fevea M A4arshs//
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Signature
020/S- /o -c-2
2016 vs. 2017 Cost / Emulsion Dust Control Agent
% Increase
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ENR for Asphalt PG 58 oil (Denver) Is 0.00% - Denver/Boulder/Greeley Index Is (+) 2.70%
A4"r%
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(Emulsion Dust Control Agent (Plant Price)
Emulsion Dust Control Agent and Delivery I
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2017 BID SCHEDULE
EMULSION DUST CONTTROL AGENT
Item #1: Sid price shall be plant price only.
Item 12: Total price shall include the price of material, delivery to site and transferring the product to a
Weld County truck.
Plant PAP
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Emulsion
Dust Control
And
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$0.75
$75,000.00
Denver CO
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Price Per
Pact
plant Lorallon
2
Emulsion
Dust Control
Agent and
100,000
Gallons
$0.86
ses,000.00
Denver CO
GRAND TOTAL BID (Item 01) Sj¢09M.00
GRAND TOTAL BID (Item 02) SN.000.00
The undrsigned, by Me or her signature, hereby acknowledges and represents that
1. The bid proposed herein meets al of the conditions, specifications, and special provisions set forth
in the request for bid for Request No. OB1500096
2. The quotations are exclusive of any federal exdee taxes end all other state and local taxes.
3. He or she is authar¢ed to bind the below -named bidder for the amount shown on the
amompanylg proposal sheet.
4. The signed bid wheeliad, a of the documents atthe Request for Bid contained herein (Including,
but not roiled to. product spedfretIons and scope ofsrvlces), and the twnkl atwstsrra of the
Oil by Wed County. broodier, constitutes a contract with the corked date being the doh of
formal acceptance oldie bid by Weld County.
5. Weld Comity opinion
accept the sold routines reserves the rIght
to reject myrtle. tide any hhk e to route am k th y e biro end
la of the Bond of Canty Commissioners, is to the best interests
ofWeld Count'. The bids) may be awarded to mere Men one vendor.
FIRM COBITCO Inn:. BY §tawny, yratis0
BUSINESS
ADDRESS 5301 N. Ranch SL _
(Please print)
DATE Mardi 282017
CITY, STATE, ZIP CODE anew CO 60216
TELEPHONE NO 700.783-0075 FAX M -297-a 040r442399 TAX ID I j40S
SIGNATURE L. II Jtarlidg
E-MAIL gyve nrtlwtpmbaa ..com
WELD COUNTY is EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS 8NO3EE1-0000.
BID REQUEST NO #21500096 Pare 1
ACORD CERTIFICATE OF LIABILITY INSURANCE RENEWAL UAL
122017
wra, v $oriel A 117502
NACHANN MSIIRANCF AGENCY
111!0 NO HURON. Sl'E. ,4
NOfTTTMLENIL CO 10234
..-HIS CERTIFICATE IS ISSUED AS A MATTtf d INFORMATION
ONLY AND CONFERS P40 RIGHTS UPON THE CERTIFICATE
H(H DER. THIS CERTIFICATE DOES NOT A►EN
ALTER THE COYEFTAGE AFFORDED 9Y Twf PQU0If$
EXT
END TEND OR
RELOW.
INSURERS AFFONIDING COVERAGE
RACY
WOOED
LINA A TRAVELERS
COBITCO, INC.
mamma e. PIWACOL ASSURANCE
5301 NO. BANNOCK STREET
AP,SLIREN C
DENVER, CO 80018
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IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE
GENERAL LIABILITY AND EXCESS POLICIES, WARIER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND
WORKER'S COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED)
CERTIFICATE H01,OER CANOELI,ATAN
WELD COUNTY PUBLIC WORKS
P.O. BOX 758
GREELEY, CO 00632-0750
SNOEL, ANA of TOE MOVE MEC,' ED [COCOS OE CACELL%) 0%0.1 Iva EARRA Rpm
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RECEIVED
APR 2 1 2016
WELD COUNTY
COMMISSIONERS
MEMORANDUM
TO: Clerk to the Board DATE: April 21, 2016
FROM: Josh Holbrook, Inspection Supervisor
SUBJECT: BOCC Agenda
RE: Bid #1500096
Doc # 2015-1022
Contract Agreement Extension/Renewal with Cobitco, Inc. for the emulsion dust control supply.
This is a renewal for the 2" year of a three-year term limit from May 18, 2016, to May 17, 2017.
cc: Jay McDonald
Curtis Hall
Duane Naibauer
Mona Weidenkeller
Janet Lundquist
M:Francie\AGENDA memos \AgendaJosh-1 , docx
(jernauki ayervL
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BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: 2016 Renewal for the Emulsion dust control supply to be used on FUR projects.
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4.13.2016 .
PERSON REQUESTING: Joshua Holbrook, Weld County Public Works
•
Brief description of the problem/issue:
The Cobitco, Inc Agreement may be extended from May 18, 2016 to May 17, 2017, as permitted by the contract. This
extension would be in the second (2nd) year of a possible three-year term limit. The contract also allows for yearly rate
adjustments based upon the Engineering News and Record (ENR) for Asphalt PG 58 oil in Denver, which is a 3.33%
increase. Cobitco did not ask for a cost increase this year and submitted prices that are -9.76% and -8.42% below last
year's price. The total contract amount would be $48,300.00, which is under the budget amount for 2016.
Cobitco was awarded this contract in 2015 as the low bid vendor and the department has been satisfied with their product.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Board may either approve or deny the contract renewal/extension.
Recommendation to the Board:
Public Works recommend's the approval of the Contract extension/renewal to Cobitco, Inc under the Emulsion Dust
Control contract.
Mike Freeman , Chair
Sean P. Conway, Pro-Tem
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
cc: Jay McDonald
Curtis Hall
Duane Naibauer
Mona Weidenkel l er
Janet Lundquist
Approve
Schedule
Recommendation Work Session
lE
Attachments:
2016 Contract Agreement extension/renewal
2016 Bid Schedule
2015 vs. 2016 Cost comparison
Comments
1
CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AND COBITCO, INC.
This Agreement Extension/Renewal ("Renewal"), made and entered into 18 day of May, 2016, by and between the Board of
Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the
"Department", and Cobitco, Inc, hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement on May 18, 2015 (the "Original Agreement"), identified as document
B#150O096 / 2015-1022
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 May 17, 2016.
• The parties agree to extend the Agreement for an additional one year period, which will begin May 18, 2016 and will end
on May 17, 2017.
• The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following
change is hereby made to the Contract Documents:
1. This extension will be the second year of a possible three year contract
2. The 2015 Bid Schedule of the contact shall be replaced by the attached 2016 Bid Schedule, which is incorporated herein.
3. The total contract amount not to exceed 548,300.00.
• 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:
S�!/f [' iOrkS/ a//
Prince ame
Signature
iyAdttet)
APPROVED AS 1O SUBS
Elected Offi
ATTEST:
Weld
8
County Attorney
Director of atet
Mike Freeman, Chair APR 2 5 245
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
at /2 2o2.
•
2016 BID SCHEDULE
EMULSION DUST CONTROL
Item #1: Bid price shall be plant price only.
Item #2: Total price shall include the price of material, delivery to site and transferring the product to a
Weld County truck.
Plant Price onl
Item #
Item
Quantity
Unit
Price Per
Total
Plant Location
Unit
Price
1
Emulsion
Dust Control
30,000
Gallons
-flo
7
#22,2Oj4e0
00AgentC, e it‘ C
an Trice and tueiivery Price
Item #
Item
Quantity
Unit
Price Per
TotalUnit
Plant Location
Price
2
Emulsion
Dust Control
Agent and41
livery
30,000
Gallons
0 8
I
DChvevCOl.�
GRAND TOTAL BID (item #1) $ 2 2 f 2 0 0, 'b'
GRAND TOTAL BID (item #2) $ 2 / 0 3
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications, and special provisions set forth
in the request for bid for Request No. #51500096
2. The quotations are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including,
but not limited to, product specifications and scope of services), and the formal acceptance of the
bid by Weld County. together, constitutes a contract, with the contract date being the date of
formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests
of Weld County. The bid(s) may be awarded to more than one vendor.
FIRM COBIT CO it/IL, BY VC AO k' ll
(Please print)
BUSINESS
ADDRESS 5-30/ Gr 1/i lit n G k StfreDATEArk, IA, / /1 .2016
CITY, STATE, ZIP CODE Denver CO 13 (1 -2/ tv
TELEPHONE NO 3 0 3 -2 cria- 2S 7SFAX 303 a ?7 30 2 q TAX ID # 8 y- 0_ f7 Y..2 3 9
r
SIGNATURE , / Z1,444( E-MAILS 7 t v e. . vn Ors 4 refs c i 1i ,;
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000.
c nit
BID REQUEST NO #81500096 Page 1
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PG 58 oil
Item Description
gent (Plant Price)
Emulsion Dust Control Agent and Delivery
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MEMORANDUM
TO: Clerk to the Board DATE: May 11, 2015
FROM: Josh Holbrook, Inspection Supervisor
SUBJECT: Consent Agenda
RE: Bid #B 1500096
Doc #2015-1022
Contract Agreement with COBITCO, Inc. for the 2015 Emulsion Dust Control Agent.
N1 \FrencieAAGENDA memos\Aa en° s]osh. doss
RECEIVED
MOO € _ 2015
COMMISSIONERS
c_o;,-4) (14/c)
3.19- i$
aas- baa
fc1 oo7Q
WELD COUNTY
CONTRACT BID DOCUMENTS
AND
SPECIFICATIONS
FOR THE
Emulsion Dust Control Agent
(With Renewal Options for 2016/2017)
1861
coUNTY
March 2015
for
Weld County Public Works
Pavement Management
1111 H Street
P O. Box 758
Greeley, Colorado 80632
970-304-6496
BID REQUEST NO #67500096 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 construction of this project.
BIDDING REQUIREMENTS
Invitation for Bids .3
General Provisions 4-5
Instructions to Bid 5-7
Insurance Requirements 8-9
Specifications and/or scope of work and proposed pricing 10
Emulsion Dust Control Locations Map 11
Bid Schedule.12
Acknowledgement of Bid Documents 13
BID REQUEST NO #61500096 Page 2
REQUEST NO
B1500096
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: 03/19/2015
BID NUMBER: B1500096
DESCRIPTION: Emulsion Dust Control Agent
DEPARTMENT: Public Works
MANDATORY PRE -BID CONFERENCE DATE: N/A
BID OPENING DATE: 04/14/2015
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:
Emulsion Dust Control Agent
(With possible two, one-year renewals)
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: 10:15 A.M. 04/14/2015,
{Weld County Purchasing Time Clock).
2. INVITATION TO BID:
Bids shall include any and all charges for delivery, less all taxes and discounts, and shall, in every
way, be the total net price which the bidder will expect 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/Purchasinq/index.html located under "Current Requests" for
Bids or at www.rockymountainbidsystem.com. 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.
Rid 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.
BID REQUEST NO #B1500096 Page 3
3. GENERAL PROVISIONS:
A. Fund Availability: Financial obligations of Weld County, payable after the current fiscal
year, are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available. By acceptance of the bid, Weld County does not warrant that
funds will be available to fund the contract beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be
transmitted separately from the main bid submittal, clearly denoting in red at the top on
the financial information 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.
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.
H. 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.
I. 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.
J. Extension or Modification: Any amendments or modifications to this agreement shall
be in writing, signed by both parties.
K. 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.
BID REQUEST NO #B1500096 Page 4
L. Warranty: The successful bidder shall provide a warranty to the County as arranged by
the parties.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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.
S. Insurance. Insurance coverage must be maintained as required by law and as specified
in item #5 (insurance Requirments)
4. INSTRUCTIONS TO BIDDERS:
A. 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 in behalf of a corporation shall be furnished. All corrections
or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with
all of the conditions, requirements, specifications, and/or instructions of this bid as stated or
implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in
the bid forms shall be suitably filled in.
B. 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
BID REQUEST NO #B1500096 Page 5
for opening. Negligence on the part of a bidder in preparing the bid confers no right for the
withdrawal of the bid after it has been opened.
C. Bidders are expected to examine the conditions, specifications, and all instructions contained
herein. Failure to do so will be at the bidders' risk.
D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and
specifications herein, unless specifically requested by the special instructions attached hereto.
Any proposal which fails to comply with the letter of the instructions and specifications herein may
be rejected.
E. 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 I., entitled, "Notice to Bidders."
F. When approximate quantities are stated, Weld County reserves the right to increase or decrease
quantity as best fits its needs.
G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids.
H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless
otherwise specified.
I. 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).
J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the
case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to
delivery and acceptance.
K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are
made by Weld County after the bids have been distributed to prospective bidders and prior to the
date and time of bid opening, will be made in writing and signed by Weld County's Director of
General Services. No employee of Weld County is authorized in any way to modify any of the
terms, conditions, or specifications of this bid without written approval of said Director of General
Services. This is not to imply that bids will not be accepted or considered with specifications
which are different from those herein. Any item which does not meet all the terms, conditions, or
specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the
bid specification and proposal sheets and returned with the bid.
L. The successful bidder shall indemnify and hold harmless Weld County against all claims for
royalties, for patents or suit for infringement thereon, which may be involved in the manufacture
or use of the material to be furnished.
M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et
seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform
work under the contract or enter into a contract with a subcontractor that fails to certify to the
successful bidder that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under the contract. The successful bidder represents, warrants, and agrees
BID REQUEST NO #B1500096 Page 6
that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic
Pilot Employment Verification Program administered by the Social Security Administration and
Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S.
§ 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the
course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and
Employment. If the successful bidder fails to comply with any requirement of this provision or
C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the
successful bidder shall be liable for actual and consequential damages to Weld County. Except
where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the
successful bidder receives federal or state funds under the contract, the 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 the 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.
N. All goods shall remain the property of the seller until delivered to and accepted by Weld County.
O. 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.
P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the
Request for Proposal contained herein (including, but not limited to, product specifications and
scope of services), and the formal acceptance of the bid by Weld County, together constitutes a
contract, with the contract date being the date of formal acceptance of the bid by Weld County.
Q. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and
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.
R. Upon the election by Weld County, no delivery of materials, equipment or services shall become
due or be accepted unless a purchase order shall first have been issued by the Weld County
Director of General Services. It is understood that it is necessary for all invoices to be made out
to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should
be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632.
S. These instructions, the proposal forms, and specifications have been developed with the hope of
raising the standard of purchasing negotiations to a level wherein all transactions will be mutually
satisfactory. Your cooperation is invited.
T. Confidential financial information of the bidder should be transmitted separately from the
main bid submittal, clearly denoting in red on the financial information the word, and
"CONFIDENTIAL." Bidders are warned that financial information submitted without such
denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open
Records Act.
BID REQUEST NO #B1500096 Page 7
5. Insurance Requirements.
A. General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following
insurance covering all operations, goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force at
all times during the term of the Agreement, or any extension thereof, and during any
warranty period. The required insurance shall be underwritten by an insurer licensed to do
business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy
shall contain a valid provision or endorsement stating "Should any of the above -described
policies by canceled or should any coverage be reduced before the expiration date
thereof, the issuing company shall send written notice to the Weld County Director of
General Services by certified mail, return receipt requested. Such written notice shall be
sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of
premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a
deductible or self -insured retention, County must be notified by the Contractor/Contract
Professional. Contractor/Contract Professional shall be responsible for the payment of any
deductible or self -insured retention. County reserves the right to require
Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of
the deductible or self -insured retention to guarantee payment of claims. The insurance
coverages specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor/Contract Professional.
Contractor/Contract Professional shall maintain, at its own expense, any additional kinds
or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement.
B. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all
times during the term of any Agreement, insurance in the following kinds and amounts:
a. Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of Contractor's Contract Professional's employees acting
within the course and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent Contractors,
products and completed operations, blanket contractual liability, personal injury, and
advertising liability with minimum limits as follows:
$1,000,000 each occurrence;
$1,000,000 general aggregate;
C. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000
for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for
property damage applicable to all vehicles operating both on County property and
elsewhere.
D. Additional Provisions:
a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution
liability must provide the following:
i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or
reserved claims, Contractor shall notify County within ten (10) days and reinstate
the aggregates required;
H. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
iv. A severability of interests provision;
BID REQUEST NO #61500096 Page 8
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance
provided by County.
b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and
professional liability policies, if the policy is a claims -made policy, the retroactive date
must be on or before the contract date or the first date when any goods or services
were provided to County, whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to County's Risk
Administrator ("Administrator") at or before the time of execution of this Agreement, and
shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including
public liability and property damage, in form and company acceptable to and approved by
said Administrator, covering all operations hereunder set forth in the related Bid or
Request for Proposal.
Proof of Insurance: County reserves the right to require Contractor/Contract Professional
to provide a certificate of insurance, a policy, or other proof of insurance as required by
the County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name
County as an additional insured.
H. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall
waive subrogation rights against County.
J. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverages required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors, independent
contractors, sub -vendors suppliers or other entities as insureds under its policies or shall
ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent
contractors, sub -vendors suppliers or other entities upon request by the County.
RID REQUEST NO #B1S00096 Page 9
6. SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
Purpose:
This material supply is for the 2015 FDR (Full Depth Reclamation) projects. Vendor will need to
supply Weld County with an estimated 50,360 gallons of Emulsion based dust control.
General Conditions:
1. Weld County will not supply any material for this project/contract
2. Weld County Public Works personnel normally work 7:00am to 3:30 pm, Monday through Friday.
Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00am
and later than 3:30 pm and/or Saturday. The successful bidder is required to accommodate these
situations.
3. The 2015 Bid Schedule includes two items:
a. Emulsion dust control plant price only
b. Emulsion dust control plant price and delivery.
Dust Control Emulsion:
Test Method
Requirements
Test
ASTM
AASHTO
Min.
Max.
Viscosity @ 25°C, SFS
D-244
T-59
15
40
Sieve Test, % W'
D-244
T-59
-
0.1.1
Residue, % W2
D-244
T-59
60
65
Particle Charge Test
D-244
T-59
Positive
es t procedure identical with ASTM except that distilled water shall be used in place of 2% sodium oleate solution.
2ASMT D-244 evaporation Test of percent of residue is modified by heating 50 gram sample to 149°C (300°t) until foaming
ceases, then cooling immediately and calculation results.
Base Oil:
Test Method
Requirements
Test
ASTM
AASHTO
Min.
Max.
Viscosity @ 100°C, cSt
D-244
-
17.17
23.83
Flash Point, COC, °C
D-92
T-48
208
-
Asphaltenes, %W
D-2006-70
-
-
0.75
Saturated Hydrocarbons, %w
D-2006-70
-
-
20
Specific Gravity
D1298
T-277
1.000
1.040
Weld County Contract:
Questions related to the project and procedures should be directed to:
Joshua J. Holbrook - Construction Inspection Supervisor
Weld County Public Works
970.304.6496, ext. 3743
jholbrook@weldgov.com
Terms and Conditions:
The agreement/contract shall commence approximately in April 2015 and continue in full force for one year. At the
option of the County, may be extended for up to two (additional years. Increases in the cost may be negotiated for
subsequent renewal of the second and third additional one-year periods, based on the ENR material cost (Denver)
for Asphalt PG 58 oil. The increase will be based on the percent change from 2015 to 2016 on a liquid ton of PG
58 emulsion
BID
u
si
4:
Emulsion Dust
Control Locations
Legend
2015 FDR Roads
BID RLAtur.3 i ivv noiJuuuw
rage 11
2.4, kr BID SCHEDULE
Item #1: Bid price shall be plant price only.
Item #2: Total price shall include the price of material, delivery to site, (locations shown on page 11) end
transferring the product to a Weld County track.
Plant Price only
_. ...... ___. --.—Price Per
Jai a num Quantity Unk Plant Location
Unit Prize
Emulsion
1 Dust Control 50,360 Gallons ^ p �1 aku nI1
Agent _ O. $2 r f� 29�as VehveE �Q
Plant Price and Delivery Price (See Pape 11 for
Item I w Quantity ogLgi
Emulsion
2 Dust Control 50,360 Gallons
Agent and
DelNer�
ro
Price Per Lt.(
unit Edit
0,95 raw bekkyei- Co
Est. Gallons Per project location: WCR 15 from 72 to 72.5 = 3,870 gal. I WCR 47 from 62.5 to 66 =
19,360/ WCR 19 = 27,130 gal.
Plant Location
GRAND TOTAL BID (Item #1) $ 11, 27,5, YS, 2
GRAND TOTAL BID (Rem #2)S 97 SYa. 0°
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications, and special provisions set forth
In the request for bid for Request No. #81500096
2. The quotations are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she Is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including,
but not limited to, product specifications and scope of services), and the formal acceptance of the
bid by Weld County, together, constitutes a contract, with the contract date being the date of
formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any Informality in the bids, and
to accept the bid that In the opinion of the Board of County Commissioners, is to the best interests
of.Weld.County-She bid(s) M
may re than beawarded to moan one vendor_. ,h
FIRM COSSTCO Tar, BY 31 -Gift Wk.rLat/
(Please print)
BUSINESS 1
ADDRESS 53o l BG.h„r.c1' Skrc* O DATE ArI-/ I / q 261S
^^ CITY, STATE, ZIP CODE Dent. Co802 /6 I
TELEPHONE NO in-29C-8S74FAX 343'297-3029 TAX ID#AY-o Soy 239
SIGNATURE
E-MAIL Steve. N'hdrJAa1I eCo tic hhe.[-Oh.%
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #19-03551-0000.
BID REQUEST NO #01500096 Page 12
derivy
Deputy CIeN to the Board
APPROVED AS TO FUNDING:
APPRO
Co my
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
d
'Barbara Kirkmeye, Chair MAY 1 8 2015
APPROVED AS TO SUBSTANCE:
icial or Department Head
rector of General Services
2015- /002-2
Page 1
BID REQUEST NO #61500096 Page 13
ACKNOWLEDGEMENT OF BID DOCUMENTS
Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to
Submit any of these documents will disqualify your bid.
r Receipt of addenda(s), if any, should be signed.
T. Bid Schedule (page 12)
I have initialed each of the above items and have fully executed the corresponding documents. I hereby
Acknowledge and understand the above required bid documents.
(Contractor)
Dated this day of . 20
By: Title:
BID REQUEST NO #B1500096 Page 14
NOTICE OF AWARD
2015 Emulsion Dust Controt Agent
To TC'U, SnC CtIIw` rk.catiNial)
3-3c0/ 1 .,,,•..rc 44T
Project Description:
The project in general consists of supplying 50,360 gallons of material for the 2015 FDR projects.
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 $ ItS4 8 GO or as shown
in the Bid Schedule.
You are required by the Instructions to Bidders to respond within ten (10) calendar days from the date of this Notice to
you.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 1- day of trap . 2015.
Weld County, Colorado, Own°,
By
Joshua Holbrook, Construction Inspection Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
CoBjrice
(Contractor)
Dated this -...day of �% ? - 2015
By v -L /z1_ki - e(/
/
Title Gll E: /\r-p.NG.
BID NO X 81500096
ACORD CERTIFICATE OF LIABILITY INSURANCE RENEWAL l
TE0AM/O 5Y)
DATE
PRODUCER Serial U 117592
MACHANN INSURANCE AGENCY
11180 NO. HURON, STE. 3E
NORTHGLENN. CO 80234
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES DELON/.
INSURERS AFFORDING COVERAGE
NAIC/I
NISURED
COBITCO, INC.
5301 NO. BANNOCK STREET
DENVER, CO 80616
I
INSURER A: TRAVELERS
NSVRER P PINNACOL ASSURANCE
INSURER C
*MAIER0
INSURER E:
COVERAGES -.
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 ISSUE)) OR
MAY PERTAIN. THE INSURANCE AFFONOFO BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLnAQIIAGGSyy
LIR
TYPE OF INSURANCE
POLICY NUMBER
p�i�nTTyy
LAITFIMMIDJX4E1
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EACH OCCURRENCE
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S 1,000,000
GENERALAOOREDATE
9 2,000.000
TEAL
AGGREGATE LIMO'APPLIES PER.
PROCUCTS CCMPIOP AGG
5 2.000.000
7
POLICY n 1FRC nLUC
A
AUTOYOBILF
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COMBINED SINGLE LIMIT
(Ea wdda.A)
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EACH OCCURRENCE
S 2 0110.000
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WORNM'SCOMPENSATTON AND
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B
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s 500.000
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EL DISEASE - POLICY _WAIT
s 000
OTHER
DESCRVTION OF OPERATONSROCATTONSNENICLESIESCLuSIONS ADDED BY ENOORSEMENTRPEC.AL PROVISIONS
IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE
GENERAL LIABILITY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND
WORKER'S COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED)
CERTIFICATE HOLDER CANCELLATION
WELD COUNTY PUBLIC WORKS
P.O. SOX 758
GREELEY, CO 80632A758
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEC BEFORE IRE EAPNAI ION
DATE THEREOF. THE ISSUING NSLIRFR YNl LXIVEMIKUMAR_ 30 OATS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NMAEU TO THE LEFT VOQQ1(101XBYOXIX E11d(XX
AXMpt( 4.X)(AMAXKLOXAttiK►IX.K.Ki4XKKJOLAXMX*AXXTCJ6KXXX
IOUO115XXTYAXXXxX
AVTNOR17FO Re RRE9ENTAT/IVE
/�‘.'4:.: -.
ACORO 25 (2001/08(
0A
Rose Everett
From: Steve Marshall <steve.marshall@cobitco.com>
Sent: Tuesday, April 07, 2015 2:09 PM
To: bids
Subject: Bid#B1500096 / Emulsion Dust Control Agent
Attachments: WeldCo(dust-control-agent)_Bid_2015.pdf
Weld County Purchasing Dept. :
Sending my request for bid on "Emulsion Dust Control Agent" #B 1500096.
" I hereby waive my right to a sealed bid ".
Steve Marshall
Sales Representative
COBITCO, Inc. 5301 Bannock St. Denver, CO 80216-1623
Office & Fax (970) 522-7774 I Cell (970) 520-1278 I steve.marshall(a,cobitco.com I www.cobitco.com
The information contained in this email message may be privileged and is confidential information intended
only for the use of the recipient(s), or any employee or agent responsible to deliver it to the intended
recipient(s). Any unauthorized use, distribution, or copying of this information is strictly prohibited and may be
unlawful. If you have received this communication in error, please notify the sender immediately and destroy
the original message and all attachments from your electronic files.
1
MEMORANDUM
TO: Jay McDonald, Director of Public Works DATE: April 27, 2015
FROM: Joshua Holbrook, Construction Inspection Supervisor
SUBJECT: 2015 Emulsion Dust Control Agent Recommendation
BID NO: #81500096
On April 14, 2015, only one bid was submitted/opened for the 2015 Emulsion Dust Control Agent supply. Cobitco, Inc,
from Denver, Colorado, submitted.
Item #1 for plant price only is $0.82 gallon
Item #2 plant price plus delivery is $0.95 gallon.
Even with the one bid Public Works believes that this is a competitive bid, based on the fact that Cobitco's bid from 2013
was $0.82 gallon plant price and $0.92 gallon delivered.
Public works will be able to pick up about half of the material, but we will need the other half delivered to the job site.
This material will be used for the 2015 HRP Construction Projects.
It is our recommendation to award this material contract Cobitco, Inc. for the total amount below,
• 25,180 gallons at $0.82 (plant price only) $20,647.60
• 25,180 gallons at $0.95 / (plant price plus delivery) $23,921.00
Total $44,568.60
The budgeted amount for this product in 2015 is $50,000.00.
Cc. Curtis Hall, Operation Manager
Steve DeTienne, Road and Bridge Supervisor
Janet Lundquist, Support Services Manager
Trevor Jiricek. Director of Environmental Health and General Services
?6\Marcia Walters, Purchasing
Rose Everett, Purchasing
M VBRIDGE CONTRACTS \Emulsion dust Control AgentA2015AContractA201 S rec yen doc
20(S- - /ODD --
Q 0072
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: mwalters(a�co.weld.co.us
E-mail: reverettco.welcl.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: APRIL 14, 2015
REQUEST FOR: EMULSION DUST CONTROL AGENT
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61500096
PRESENT DATE: APRIL 15, 2015
APPROVAL DATE: APRIL 29, 2015
COST OF EMULSION** COST OF EMULSION DUST***
VENDOR DUST CONTROL AGENT CONTROL AGENT + DELIVERY TO SITE
COBITCO INC
5301 BANNACK ST
DENVER CO 80216
$0.82/Gal Total - $41,295.20 $.095/Gal Total - $47,842.00
PLANT LOCATION: DENVER CO
** QUANTITY WILL BE 50,360 GALLONS
*** PROJECT SITES ARE AS FOLLOWS:
WCR 15 from 72 to 72.5 = 3,870 gallons
WCR 47 from 62.5 to 66 = 19,360 gallons
WCR 19 = 27,130 gallons
**PWD IS REVIEWING THE BID AT THIS TIME
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