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Home My WebLink About20230888.tiffCon -Iva C- i p41-Tn(1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2024 Surface Gravel Supply, Extension/Renewal DEPARTMENT: Public Works DATE: 2/5/2024 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County's current Surface Gravel Supply agreement that was originally awarded in 2023. This will be the first extension/renewal of a possible two-year renewal of the three-year contract term, contract number 2023- 0888. The Board has the option of renewing the agreement from January 1, 2024 to December 31, 2024, as permitted by the contact. The contract allows for a possible yearly bid adjustment based upon the current ENR cost Index. Connell Resources Inc. has requested an increase of 4.5%. This is below the 11.2% amount allowed for the yearly bid adjustment per the contract. The Public Works department has been satisfied with the material provided from Connell Resources Inc. What options exist for the Board? 1) The Board may agree to extend/renew Connell Resources, contract as recommended. 2) The Board may decide not to extend/renew the contract. Consequences: Approval of the renewal allows Gravel Roads Division to continue the 2024 gravel plan, denial of this renewal will negatively impact the gravel plan affecting the traveling public. Impacts: If the board denies the renewal Public Works will need to re -bid the contract which could negatively impact gravel road maintenance this year and future years. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Connell Resources will supply Weld County with 125,000 tons at $12.35/ton equaling $1,543,750.00. Leaving a balance of up to $1,355,250 to be awarded for the rest of the county locations later next month. The budgeted amount for the Weld County Purchased Gravel Supply for 2024 contract year is $2,899,000.00. Recommendation: Public Works recommends the contract renewal be placed on the BOCC agenda. Cuns.nk RgencUx- �z zcod z cc: � ��-21,1a zoz3-om �C-,OO�sI SuDnort Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Seine CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS, GRAVEL ROAD MGMT. DIVISION AND Connell Resources, Inc This Agreement Extension/Renewal ("Renewal"), made and entered into Z1. day of February, 2024, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, Gravel Road Mgmt. Division, hereinafter referred to as the "Department", and Connell Resources, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-0888 approved on April 13, 2023. 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, 2025. • The parties agree to extend the Original Agreement for an additional 365 -day period, which will begin January 1, 2024, and will end on December 31, 2024. • 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 2023 bid Schedule for the original contract will be replaced by the attached 2024 Bid Schedule. 3. Change to the Contract Price: The 2023 contract price of $11.85 per ton is now modified to $12.35 per ton during the 2024 Contract Extension Renewal, The 2024 total contract price is not to exceed $1,543,750.00. 4. Change to the Contract Quantity: The 2023 contract quantity of 145,000 tons will change to 125,000 tons during the 2024 Contract Extension Renewal. The 2024 total contract tons is not to exceed 125,000 tons. 5. Supply Bond requirement: Weld County is requiring all suppliers of Surface Gravel 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: CONNELL RESOURCES, INC. Clerk to the Boar BOARD OF COUNTY COMMISSIONERS WELD COUNTY Kevin D Ross, Chair FEB 2 6 2024 �i atecdt ter• j. uty Clerk. the :oard,� Contract Form Entity Information Entity Name* Entity ID* CONNELL RESOURCES, INC @00004953 Contract Name* PURCHASED SURFACE GRAVEL SUPPLY Contract Status CTB REVIEW Contract ID 7834 Contract Lead * MLIVENGOOD Q New Entity? Parent Contract ID 20230888 Requires Board Approval YES Contract Lead Email Department Project # MLivengood@co.weld.co. us Contract Description* CONNELL RESOURCES, INC. SURFACE GRAVEL SUPPLY - RENEWAL/EXTENSION Contract Description 2 CONNELL RESOURCES, INC. SURFACE GRAVEL SUPPLY - FIRST RENEWAL/EXTENSION OF 2023 CONTRACT. CAN BE RENEWED/EXTENDED ONE MORE YEAR TO MAKE IT A TWO YEAR RENEWAL IN 2025 Contract Type* RENEWAL Amount* $1,543,750.00 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 02/17/2024 02/21/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2300058 GENERAL COUNTY ATTORNEY EMAIL Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID 6838 If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 11/25/2024 Renewal Date* 01 /01 /2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/15/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 02/15/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/26/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/15/2024 02/15/2024 Tyler Ref # AG 022624 Originator MLIVENGOOD ca aei-I1D4036g MEMORANDUM TO: Board of Commissioners DATE: April 5, 2023 FROM: Curtis Hall, Public Works Director Duane Naibauer, Deputy Director SUBJECT: Purchased Surface Gravel Supply for 2023, Central Location (BID REQUEST NO. B2300058) Weld County Public Works Department is recommending the bid from Connell Resources, Inc. be accepted to serve the Central Location for the 2023 purchased surface gravel supply. Connell Resources, Inc. was the sole bidder for the Central Location and Public Work will accept the maximum quantity of material to maximize the coverage in the county while utilizing the balance of the budgeted dollars for surface gravel. Weld County Public Works Department recommends that Connell Resources, Inc. be awarded the bid for the Central Location purchased surface gravel supply based on the bid and the pit location relevant to road resurfacing needs. If you have any questions, please call Curtis at extension 3721 or Duane at extension 3786. Conw\-1-ivada" 04/24/23 2073 Ogg /O -/.2 3 EG oo BID REQUEST NO. B2300058 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR SURFACE GRAVEL SUPPLY (Central and South Locations Renewable for 2024 and 2025 March 2023 Weld County Public Works Gravel Road Management Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000, Ext. 3721 �poZ�3 08g-$ TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2022 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and the most recent CDOT field Materials Manual which is to be used to administer the construction of this project. Page 6 Notice to Bidders / Invitation to Bid 3 Instructions to Bidders 4 General Provisions and Information 5-9 Specification and Scope of Work 10-11 Contacts 11 Terms and Conditions 11 Project Special Provisions Revision of Section 105 & 106, Samples, Test, Cited Specifications 12 Revision of Section 106, Storage Materials 13 Revision of Section T03, Aggregate 13 Bid Schedule 14 Signature Page 15 Notice of Award 16 Supply Bond Form 17 BID REQUEST #B2300058 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: March 7, 2023 BID NUMBER: #B2300058 DESCRIPTION: Surface Gravel Supply (Central and South Locations) DEPARTMENT: Gravel Road Mgmt. Division, Public Works MANDATORY PRE -BID CONFERENCE DATE: March 16, 2023 BID OPENING DATE: March 27, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: Surface Gravel Supply (Central and South Locations) The project, in general consists of stockpiling and loading up to 145,000 tons of aggregate material for the re -graveling of roads within the Central and South areas of Weld County. A mandatory pre -bid conference will be held on March 16, 2023 at 9:00 AM, at the Weld County Weld County Public Works Operations Conference Room located at 1111 H Street, Greeley, Colorado 80631. Meet in main lobby. Vendors must participate and record their presence at the mandatory pre -bid meeting to be eligible to submit bids. Bids will be received until: March 27, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 27, 2023 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 0 Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 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. • roc. _.._ BID REQUEST #B2300058 Page 3 You can find information concerning this request on the BidNet Direct website at https.//www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Old Delivery to Weld County: 1. Email. Emailedbidsarerequired.Bidsmaybeemailedtobidsc@weldgov.com. Ifyourbidexceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. PDF format is required. 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. Please call Purchasing at 970400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications. and all instructions contained herein. failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing. lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that; in the opinion of the Board of County Commissioners. is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted; all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. BID REQUEST #B2300058 Page 4 4. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked `CONFIDENTIAL', staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and 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 BID REQUEST #B2300058 Page 5 the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor. as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period BID REQUEST #B2300058 Page 6 during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts 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. 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. BID REQUEST #B2300058 Page 7 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. 5. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, 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 BID REQUEST #62300058 Page 8 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 coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2300058 Page 9 SPECIFICATIONS AND/OR SCOPE OF WORK: Purpose: Weld County is soliciting bids for surface gravel supply. The project, in general consists of crushing, stockpiling and loading up to 145,000 tons of aggregate material for the re -graveling of roads within the Central and South locations of Weld County. GENERAL CONDITIONS AND SCOPE: 1. All surface gravel shall meet specifications described on page 13, 14 & 15 of this document. Weld County will not supply any material for this project. 2. The contractor will follow all rules and regulation stipulated in the permit for the site. 3. The initial contract term is April 2023 or upon signed contract through December 2023. This bid is for a one (1) year contract which can be renewed annually up to two (2) additional years at the County's discretion. 4. Weld County will select the bidder based on the lowest cost to the County. 5. The successful bidder shall provide a Supply Bond to the County as arranged by the parties. 6. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 7. Certified scales and scale master(s) are required. 8. Payment will be made monthly, on pay application generated by Weld County, with the cutoff period being the last Saturday of each month. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the pit. Any quantity either price reduced or rejected due to OA testing will be totaled on the pay application. a. The Contractor shall supply: i. Detailed daily haul including: Ticket #, Net Weight, Quantity, Truck # and Location. ii. Monthly total summary sheet of material hauled. iii. All PC testing results and summaries shall be submitted for monthly haul totals. iv. All tickets will need to be reconciled and accounted for, or no payment on missing quantities will be made on the monthly pay application. v. All tickets must be legibly signed by a Weld County employee. 9. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) ➢ Air Pollution Permit (for crusher unit) 10. Weld County Public Works personnel normally work 7:00 am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 11. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials' may be purchased from multiple bidders based on plant location. BID REQUEST #62300058 Page 10 12. The specification for material supply shall be in accordance with the most current Colorado Department of Transportation, Standard Specification for Road and Bridge Construction CDOT materials manual, 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. 13. 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. 14. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractor's 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. Schedule: Bids due to Purchasing Bid accepted by BOCC March 27, 2023 April 12, 2023 Weld County Contacts: Question related to the project and procedures should be directed to: Mike Livengood — Gravel Road Mgmt Supervisor Duane Naibauer — Deputy Director Weld County Public Works (970) 400-3757 mlivengood@weldgov.com Ryan Axtman — Construction Inspection Supervisor Weld County Public Works (970) 400-3743 raxtmanlfweldgov.com TERMS AND CONDITIONS: Weld County Public Works (970) 400-3786 dnaibauer@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 increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. 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 surface gravel supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. BID REQUEST #82300058 Page 11 REVISION OF SECTIONS 105 and106 CONTROL OF WORK AND CONTROL OF MATERIAL Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3(3) shall be revised to include the following: 2,000 tons of material delivered will be considered a lot. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised to include: 1) Contractor shall provide a submittal and test reports, no older than one-year, prior to any material being loaded out of a stockpile. The information shall include the information outlined in Revised sections 106.08, 703.03 and Table 7-2. 2) Process Control, PC sampling and testing is required and shall be done in accordance with Table 1-A. PC laboratory results shall be submitted via email as a PDF file with pertinent information, such as lot number, date, location of sample, tester's name, and results of gradation and Atterberg testing. PC shall follow CP 30 / 4.3.5 when sampling from an (unprocessed) windrow on grade or from a stockpile in accordance with CP 30 / 4.3.3.2 and section 4.4.2. 3) Weld County reserves the right to select random samples from the stockpile or windrow at any time. OA acceptance testing will be sampled from an (unprocessed) windrow on grade in accordance with Colorado Procedure, CP 30 / 4.3.5 or from a stockpile in accordance with CP 30 / 4.3.3.2 and section 4.4.2. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for prices reduction based on section 105.03. 4) OA testing is used for acceptance by the County regardless of the PC testing results. Failing Owner Acceptance tests shall result in the removal and replacement of the elements to specifications. The Engineer, at their sole option, may choose to use PC testing results in the event of a discrepancy. 5) Point of Sampling — the materials for PC testing shall be sampled by the Contractor using the appropriate Colorado Procedures outlined in the CDOT Field Materials Manual. 6) Testing Standards - Acceptable standards are Colorado Procedures, AASHTO, and ASTM. The order of precedence is Colorado Procedures, then AASHTO procedures, and then ASTM procedures. Deviations from the applicable procedures shall not occur unless approved by the Engineer in writing. BID REQUEST #82300058 Page 12 FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLING AND TESTING TABLE 1-A Type of Test OA Sampling and testing PC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO 127 and CP31-13 *Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 LA Abrasion 1 per source 1 per source AASHTO T96 R -value 1 per source 1 per source CP-I 3101 *Atterberg Limits results shall be based on the dry prep method, Method A, AASHTO R 58 — Dry Preparation of Disturbed Soils and Soil -Aggregate Samples for Test. REVISION OF SECTION 106 STORAGE OF MATERIALS Section 106 of tie Standard Specifications is hereby revised for this project as follows: Subsection 10608 shall be revised as follows: 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. REVISION OF SECTION 703 AGGREGATE Surface Course Aggregate. Section 703.03 shall include the following: Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming to the following: (1) Los Angeles abrasion, AASHTO T96 40% max. (2) Mechanically Fractured faces, one or more, ASTM D 5821 45% min, Crushed material not screened, to attain the fracture faces. (3) Free from organic matter and lumps or balls of clay (4) Liquid Limit, AASHTO T 89 (5) Dust ratio: % passing #200 % passing #40 (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-8 30 max. 2/3 max. BID REQUEST #B2300058 Page 13 Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index Sieve Designation Mass Percent Passing Square Mesh Sieves LL<_35 LL520 Gravel Surfacing LL 5 30 Standard (mm) Mesh (In) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150.00 6 100 100.00 4 100 75.00 3 95-100 63.00 2 % 100 50.00 2 95-100 100 37.50 1 ' 90-100 100 100 25.40 1 95-100 100 100 90-100 19.00 °A 50-90 95-100 12.5 1/2 55-80 4.76 No. 4 30-65 45.65 2.38 No. 8 25-55 20-85 33.53 0.42 No.40 15-35 0.07 200 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 0 0 0 0 6-16 LA wear test (T96) 0 0 0 0 50 max 50 max 0 40 max BID SCHEDULE 2023 Surface Gravel Supply Central Location: (Greeley and surrounding area) ITEM 9 ITEM PIT L0CATI0Pf UAN ITY ilia PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 72,500 TON 11.85 859,125.00 TON TON South Location: (South of Hwy 34) ITEM # TLF 19, f IT WCAT10N UANTITY (1511 PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 72,500 TON TON TON Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. BID REQUEST #B2300058 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. #82300058. 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 Connell Resources, Inc. BUSINESS ADDRESS 7785 Highland Meadows Pkwy. Suite 100 CITY, STATE, ZIP CODE Fort Collins CO 80528 TELEPHONE NO 970-2151 FAX 970-223-3191 PRINTED NAME AN SIGNATURE E-MAIL ken _ on@conneliresources.com John M Warren, President TAX ID # 84-05 DATE March 27 2023 ""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 - 9. dadwo BOARD OF COUNTY COMMISSIONERS Jerk to the Board WELD COUNTY, COLORADO BID REQUEST #82300058 Page 15 O2O z NOTICE OF AWARD Surface Gravel Supply To: Connell Resources, Inc 7785 Highland Meadows Pkwy, Suite 100 Fort Collins, CO 80528 Project Description: The project, in general consists of crushing, stockpiling and loading Dip_ 145,000 tons of aggregate material for the re -graveling of 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 $ 1,499.250.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement 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 day of f9'7L&Q, , 2023. Weld County, Colorado, Owner By Mike Livengoo• u•=rvisor Gravel Road Mgmt. ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Connell Resources, Inc. (Contractor) Dated this ..3IIT"'1 day of April , 2023. By: Title. John M Warren, President BID REQUEST#82300058 Page 16 Bond No. 107709816 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Connell Resources. Inc. as Principal, 7785 Highland Meadows Parkway. Suite 100. Fort Collins. CO 80528 (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and Travelers Casualty and Surety Company of America as Surety, (hereinafter called Surety), One Tower Square, Hartford, CT 06183 (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), 1150 O Street. G eeley, CO 80631 (here insert full name and address or legal title of the Buyer) One Million Four Hundred Ninety Nine Thousand Two Hundred in the just and full sum of Fifty and NO/100THS ($1.499,250.00) 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 dated April 13 2023 to furnish the following briefly described supplies: Surface Gravel Supply (Central and South Locations) 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 WAHEREOF, the saiiddS3upplier and Surety have signed and sealed this instrument this the day of p Connell Resources Inc. (Princip: (Seal) Jo y Tn'`toren Pre. 1 an =ere (Witness) ..',Tt1avelprs Casualty and Surety Company of Amerfa►a r a t t """ `��tlrrrti GE � e .... • Te'sQ ehri t ls�l. tt8end, o ey-In•act ),�#wah�Corporate Power of Attorney Form IRE „ ........... K' nesa E.'Vugel, Win (Wits) to Surety r BID REQUEST #82300058 Page 17 rRaveLers', Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW ALL MEN BY TUESE PRESENTS: That Travelers Casualty and Surety Canpany of Amerksa, Travelers Casually and Surety Company, St, Pali Fire and Marina Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (herein collectively calleclehe Barbara J. Arnold, Timothy J. Mancha:A `), and that hereby make, constituteVickie and appoint Donna L. Adams, Ashley K Anderson, Toni L. Reese, Robert Charles Torres, Christina L. Toltmeend, MAnn Chris** Seaman, ne Arm Enrich, Vickie a lthi,ucre Andrew P Wailes, Nikki M. Denver, ucker, Colorado, their true and W(ui Vogel, Nonye Lae Mthciuin, and JonMfar J. Walker of Denver, Att�rtMsy-in-�allto sign,elrecuts, aealand acknowledge anyau! all N.M. , undertga and otherwrtings oblgatoryin the natant thereof on behalf of the Companies in theft business of guaranteeing the Meaty of persons, guaranteeing the performance of contracts end executing or guaranteeing bands and underakings required or pemitted in any actions or emceedrngs allowed by law, including the followktg boat Surety Bond Nes: 107708816 OR Principal: Connell Resources, Inc. Project Dsscrlpaon: Obligee: Weld County IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut City of Hartford ss. By L. ' .. Vice President On lhls the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. P. Nowik, IVotafY Public My Commission expires the 30th day of June, 2026 This Power of Aaemey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are nowin full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice chakman, any Executive Vice President; any Senior Vice President, any Vice President, any Second We Preside... he Treasurer, any Assistant Treasurer, the Corporate Sanitary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to eat for and on behalf of the Company and may give such appointee such atithr as his or her certificate of authority may proscribe to sign with the Company's rase and seal with the company's seal bands, recognbanoes, contacts of indem pity. and other writingsMay in tine nature of a bond, recognizance, or conditional undertaking, and any of said otvicers or the Board of Directors at any time may remove any such appoittee and revoke the power given him or her, *wilt is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairmen, any Executive Vice President, any Senior Vice President or any Vice President may detegateallorany part of the foregoing authority to one or more officers or employees of this Company, provided 'that each such delegation is tin walling ard a copy thereof b tied in the office of the Secretary; and t is FURTHER RESOLVED, that any bond, ram, contract of indemnity, or writing oblgatcry in the nature of a bond, recognizance, or conditional undertaking shed be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior. Vice President ar any Vita President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Seoratentr or any Assistant Secretary atddhdy atmeted and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seat, if required) by one or moreAtomeys-in-Fact and Agents pursuant to the paver prescribed in his or her certificate a their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it Is FURTHER RESOLVED, that the signature of each of the following Awn: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secratary, and the seal of the Company may be affixed by?s ?salmi* * to any Power of Attorney or to -any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Adtomeys-krFact for purposes catty of a asoutrtg and attesting bands and undertaidngs and other writings obilgetory it the umatura thereof and any such Power cif MOW or certificateaead such a aknAe stem orfads** fac BoSetai shaft be valid and binding upon the Company and any such power wexecuted and triad by signature and facsimile seal shat be vats 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 each of the Companies, 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 enact. Dated this day of 4hun,'55nBoy t'o.verify the authenticity of this Power of Attorney, please calf us at f-800-421-3880. refer to thi above -named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. AFRO CONNRES-02 CERTIFICATE OF LIABILITY INSURANCE TCORNEJO DATE (MMIDD/YYYYi 4/13/2023 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 policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseWent(s). PRODUCER License ft 0787776 HUB International Insurance Services (COL) 2000 S. Colorado Blvd Tower 2, Suite 150 Denver, CO 80222 INSURED Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Nnc° Lynn Bosman WC, NG... (303) 252-3T62 4%, No):(866) 243-0727 Ss. Lynn.busman@hubintelrnational.com INSURERS] AFFORDING COVERAGE HAILS INSURERA:Zurich American Insurance Company 16535 suREre s : Travelers Property Casualty Company of America .26674 IN$URBR 0;_ INSURER E: INSURER F COVERAGE • • 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, gEXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. it .... NthIC. ........ .._..... _......_._.. TYPE OF INSURANCE 0'1'0 StieRYEFF POLICY NUMBER n4VO[TR,YI^ft r 1 UNITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X ,OCCUR X x GLO5084929-01 GE LAGOREOATE LIMIT APP_IES PER X POLICY X ; 'N LOC OR1ER: EACH OCCURRENCE �rI,�,E Tp RENTED 3/1/2023 3/112024 f?REMfiSE3(Esxsllrrerlce? MED EX? /Any one person, PERSONAL B ADA INJURY GENERAL AGGREGATE , PRODUCTS • COMP/OP AGG 2OOO,g00 5 , $ 100,000 $ 10,000 S 1,000,OOO $ 4,000,000 $ 4,OQQAQQ A AUTOMOBILE LIABILITY X ANY AUTO X X BAP 5084930-01 SCHEDULED M0AUTOS p !!�� AMR . Mow Y .. A4 '.'t u�CY - .. CZOB WGLE LIMIT (ta 3/1/2023 3/1/2024 &co, . � LY INJURY Per a ISO LL ( ). ! G.a rr9AGE , S 2.000,000 $ 5 $. .. _. _...._.. .... B X UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE .CUP -5T070711 -23 -NF DED , X RETENTION$ 10,000 EACH OCCURRENCE 3/1/2023 3/1/2024 AGGREGATE $ 10,000,000 $ 10,000,000 5 A WORKERS COMPENSATION ANYPR LXG UD�IrR ECUTIVE --11-4, x WC 5084928-01 MVO, N N / a N desCnbe under pO, OF OPERATIONS Wow X _ $BRUTE i RBA 3/1/2023 3/1/2024 E L EACH ACCIDENT EL DISEASE - EA EMPLOYEE EL OcSEAS_E - POLICY LIMIT 1,000,006 S 1 000,000 $ 1,000,000 DESCRIPT 01 OF OPERATIONS / LOCATIONS /a; NICLES (AGGRO 101, Additional Remarks Schedule, maybe attached it more space is required) RE: Weld Courtly Surface Gravel Sup2023 Board of County Commissioners of Weld County, Colorado, its officers, and employees are additional insureds for General Liability and Automobile Liability. ERTIFICAT'E H Weld County Department of Public Works PO Box 758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80632 AUTHORIZED REPRESENTATIVE P(Y) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form W-9 (Rev. October 2018) Wand Deportment of the Tram, ` M a O I Request for Taxpayer identification Number and Certification ► Go to www,irs.gov/FormW9 for instructions and the latest information. f Name (es shove on your income tax Mum). Neme Is required on thalami; do not leave this the blank. Connell Resources, Inc. 2 Wetness namefdleregended entity name, 2 cWlelrertt from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. El Individual/sole proprietor or ❑ C Corporation [71 S Corporation El Partnership ❑ Trustestate single -member LLC ❑ Limited liability company. Enter the tax dassittcation (C=C corporation, S=S corporation, P=Partnership) ► Nets Cheek file appropriate box In the fire above for the tax classification of the maw. lam not check LLC It the LLC is caseifted as a single -member LLC thR disregarded from the owner unless the owner of. LLC le another t.LC that Is not deregarded from the owner for U.B. Wand tax purposes. Other... a single -member LLC that dtMeragflydad from the owner should cheep the appropriate box for the tax classification Grits owner. O Other (see Infdtuctions) ► 5 Address (number, street, and apt. or sake no.) See instructions. 7785 Highland Meadows Pkwy. Suite 100 4 Facemptione (codes apply only to certain entitles, not individuals; see instructions on page 3): Exempt payee code (if arty) Exemption from FATCA reporting code (if any) (Arrow,' to see. .¢ mxs...d outside the us, City, state, and ZIP Fort Collins, CO 80528 Requester's name and address 7 Llst account number(s) here (opdona4 cm Taxpayer Identification Number (TIN) Enter your TIN in the appropriate boa. The 11N provided must match the name given on lima 1 to avoid backup withholding. For individuals. this Is generally your social security number (SSN). However, for a resident elien sole proprietor, or die og rded entity, see the lnstrubtions for part I, later. For otter entities, It Is your employe' identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guldeNnes on whose number to enter. mg 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 fora number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I amexempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup weiholding as result of a failure to report all interest or divtdattds, 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 lave 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 for Part II, later. seam* number I 1 or Empiayar idrutlecetton number 5 1.1 .1 514 Sign reg„aare or Here u.s.person► 012,4 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS trust obtain your correct taxpayer identification number (RN) which maybe your social security number (S q, 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) Date ► 03-23-2023 • 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-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not retum Form W-9 to the requester with a TIN, you might be subject to backup wrthholding. See What is backup withholding, later. Cat. No. 10231X For, W-9 (Rev. to -2o18) CDA COLORADO Department of Agriculture Certified Weigher Certificate THIS Certificate IS NOT TRANSFERABLE O'Mara, Becky Nina Business As Name(s) (DBA3 O'Mara, Becky PO Box 66 Masonville CO 80541 Certified Weigher Certificate AgLkxnse ID M 001C47 Printed On:Wednesday, December 07, 2022 Effective Date Expires Date Jan 01, 2023 Dec 31, 2023 Pursuant to § 35-14-101 throug•i 134, C.R.S., the Commissioner authorizes the above -named person to act as a certified weigher. Kate Greenberg • December 07, 2022 Commissioner of Agriculture Print Date 305 Interlocker Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867 www.colorado.gov/ag COLORADO Department of Agriculture Scales/Measuring Devices License Printed On:Monday, November 28, 2022 THIS License IS NOT TRANSFERABLE So& -1' C Car 14,55 Sc..A Connell Resources, Inc #588 Doing Business As Name(s) MBA) Aggregate Scale 8821 Weld 126 Carr CO 80612 Scales/Measuring Devices AgLicense ID # 0025AZ x Scales 80,001 ibs & up Effective Date Expires Date Jan 01, 2023 Dec 31, 2023 Kate Greenberg November 28, 2022 Commissioner of Agriculture Print Date 305 Interlocker Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867 www,colorado.gov/ag AC D A COLORADO Department of Agriculture Certified Weigher Certificate THIS Certificate IS NOT TRANSFERABLE Sporleder, Brianna DolnaBvsiness As Nsmelsi 1DBA! Sporleder, Brianna 56946 CR 23 Carr CO 80621 Printed On:Wednesday, December 07, 2022 Effective Date Expires Date Certified Weigher Cerdflcs a AaLJcense ID N 003NICi Jan 01, 2023 Dec 31, 2023 Pursuant to 4 35-14-101 through 134, C.R.5 , the Commissioner authorizes the above -named person to act as a certified weigher, Kate Greenberg December 07, 2022 Commissioner of Agriculture Print Date 305 Interlocken Parkway, Broomfield, CO 80021 P 303.869.90(0 F 303.466.2867 www.cotorado.gov/ag Contract Form Entity Name* CONNELL RESOURCES, INC Entity ID* @00004953 Contract Name* PURCHASED SURFACE GRAVEL SUPPLY 2023 Contract Status CTB REVIEW ❑ New Entity? Contract ID 6838 Contract Lead* MUVENGOOD Contract Lead Email MLivengood@co.weld.co.us Contract Description* CONNELL RESOURCES, INC. SURFACE GRAVEL SUPPLY 2023 - CONTRACT Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 CONNELL RESOURCES, INC. SURFACE GRAVEL SUPPLY 2023 - FIRST YEAR OF THE CONTRACT. CAN BE RENEWABLE FOR TWO MORE YEARS. 2024 AND 2025. Contract Type* CONTRACT Amount * $1,499,250.00 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadc@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG OV.COM Requested BOCC Agenda Date* 04/24/2023 Due Date 04/20/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date 01/01/2023 Review Date 1 1 /01/2023 Renewal Date* 01/01;2024 Contact Info Contact Type Contact Email Contact Phone 1 Contact Phone 2 Contact Name r1fig Purchasing Approver CONSENT Department Head .CURTiS HALL DH Approved Date 04/18/2023 BOCC Approved BOCC Signed Date BOCC Agenda Date 04/24/2023 Originator MLIVENGOOD Purchasing Approved Date 04/18/2023 Finance Approver CONSENT Finance Approved Date 04/18/2023 Tyler Ref # AG 042423 Legal Counsel CONSENT Legal Counsel Approved Date 04/18/2023 MEMORANDUM TO: Board of Commissioners DATE: April 5, 2023 FROM: Curtis Hall, Public Works Director Duane Naibauer, Deputy Director / SUBJECT: Purchased Surface Gravel Supply for 2023, Central Location (BID REQUEST NO. B2300058) Weld County Public Works Department is recommending the bid from Connell Resources, Inc. be accepted to serve the Central Location, for the 2023 purchased surface gravel supply. Connell Resources, Inc. was the sole bidder for the Central Location and Public Work will accept the maximum quantity of material to maximize the coverage in the county while utilizing the balance of the budgeted dollars for surface gravel. Weld County Public Works Department recommends that Connell Resources, Inc. be awarded the bid for the Central Location purchased surface gravel supply based on the bid and the pit location relevant to road resurfacing needs. If you have any questions, please call Curtis at extension 3721 or Duane at extension 3786. oLvtz 2073 -OM DATE OF BID: MARCH 27, 2023 REQUEST FOR: SURFACE GRAVEL SUPPLY (Central & Southern locations) DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2300058 PRESENT DATE: MARCH 29, 2023 APPROVAL DATE: APRIL 12, 2023 VENDOR CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY, SUITE 100 FORT COLLINS CO 80528 CENTRAL LOCATION- (GREELEY & SURROUNDING AREA) SOUTH LOCATION - (SOUTH OF HWY 34) PUBLIC WORKS DEPARTMENT WILL REVIEW THE BIDS. WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverettl weldgov.com E -Mail: cgiesert(6weldgov.com E -Mail: cmpetersaweldgov.com Phone: (970) 356-4000, Ext 4222 or 4223 QTY — UP TO 72,500 TONS PRICE PER UNIT CENTRAL LOCATION QTY - UP TO 72,500 TONS PRICE PER UNIT SOUTH LOCATION $11.85/ton -$859,125.00 No bid 2023-0888 x/z9 E -C-,0081 Hello