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Home My WebLink About20232379.tiffconkvati-t b O f CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN r i THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into ZtOday of May. 2024, 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 MARTIN MARIETTA MATERIALS, INC hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on September 11th, 2023 (the "Original Agreement"), identified as document No. 2023-2379. 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 September 10th, 2024. • The parties agree to extend the Original Agreement for an additional 1 year, which will begin January 1, 2024, and will end on December 31, 2024. • The Renewal, together with the Original Agreement, and the 2024 Bid Schedule constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. The 2024 Bid Schedule of the original contract shall be replaced beginning on April 15, 2024, by the attached 2024 Bid Schedule, which is attached as Exhibit A. 2. Supply Bond Requirement: Weld County is requiring all suppliers of 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: Martin Marietta Materials, Inc. Ryan Yoch, VP GM Print d Same Signature eohsatl- Ryondo- 5/1o/24 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Kevin D. Ross, Chair MAY 2 00 �202-4�j T: ',.ar� � g. � lrb Clerk to the Board . tda,tiori-L Deputy Clerk to the Board 20Z3 -231R ECn 0al BID SCHEDULE 2024 (RAP) Crushed Recycled Asphalt Product Supply ITEM# ITEM LOCATION PIT/ SITE QUANTITY UNIT PRICE UNIT PER CONTRACT PRICE ' 304.00 RECYCLED PRODUCT (RAP) ASPHALT 6395 Pecos Denver, N St, CO UPTO 30,000 TON $10.50/ton $315,000 BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications. MARTIN MARIETTA MATERIALS, INC. FIRM NAME: BUSINESS ADDRESS: 1627 COLE BLVD, STE 200 CITY, STATE, ZIP CODE: LAKEWOOD, CO 80401 TELEPHONE NO: 303-657-4200 TAXPAYER ID# FEIN # 56-1848578 EMAIL: TAMARA.HOHN@MARTINMARIETTA.COM BY: TREVOR NORTON TITLE: GENERAL MANAGER DATE: 03/19/2024 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DocuSign Certificate Of Completion Envelope Id: 405A36B3B75A42209ED63B7B5BFD96F4 Subject: Complete with DocuSign: Weld County HMA-2024 Contract Renewal-M-4.1.24.pdf Source Envelope: Document Pages: 2 Certificate Pages: 4 AutoNav: Enabled Envelopeld Stamping: Disabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original 4/2/2024 4:00:20 PM Signer Events Ryan Yoch ryan.yoch@martinmarietta.com VP/GM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/2/2024 5:45:05 PM ID: ba5c33a0-bbd0-425e-9359-342e4a9d175b In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carlson Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Signatures: 1 Initials: 0 Holder: CANDACE EDWARDS Candace.Edwards@martinmarietta.com Signature Pi.n LW.. Signature Adoption: Pre -selected Style Using IP Address: 166.131.38.240 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Electronic Record and Signature Disclosure Status: Completed Envelope Originator: CANDACE EDWARDS Candace.Edwards@martinmarietta.com IP Address: 12.10.194.3 Location: DocuSign Timestamp Sent: 4/2/2024 4:01:04 PM Viewed: 4/2/2024 5:45:05 PM Signed: 4/2/2024 5:45:13 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 4/2/2024 4:01:04 PM 4/2/2024 5:45:05 PM 4/2/2024 5:45:13 PM 4/2/2024 5:45:13 PM Timestamps Electronic Record and Signature Disclosure created on: 4/16/2021 8:42:35 AM Parties agreed to: Ryan Yoch ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Martin Marietta, Inc. (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to 'I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Martin Marietta, Inc.: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: scott.tinker@martinmarietta.com To advise Martin Marietta, Inc. of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at scott.tinker@martinmarietta.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Martin Marietta, Inc. To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to scott.tinker@martinmarietta.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Martin Marietta, Inc. To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to scott.tinker@martinmarietta.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to 'I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Martin Marietta, Inc. as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Martin Marietta, Inc. during the course of your relationship with Martin Marietta, Inc.. Contract Form Entity Information Entity Name* MARTIN MARIETTA MATERIALS INC Entity ID* @00031274 Contract Name" 2024 RAP DUST MITIGATION PROGRAM Contract Status CTB REVIEW O New Entity? Contract ID 8017 Contract Lead LMORALES Contract Lead Email Imorales@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* FIRST YEAR RENEWAL OF A POSSIBLE 3 YEAR CONTRACT. UP TO 30,000 TON FOR 2024 GRAVEL ROAD MANAGEMENT PROJECTS. Contract Description 2 Contract Type* RENEWAL Amount" $315,000.00 Renewable * YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 04/13/2024 04/17/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID 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 Review Date" 10/14/2024 Renewal Date" 01 /01 /2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DUANE NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/06/2024 05/06/2024 05/13/2024 Final Approval BOCC Approved Tyler Ref # AG 052024 BOCC Signed Date Originator LMORALES BOCC Agenda Date 05/20/2024 Cixvcxcf Pt17350 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JULY 31, 2023 BID NUMBER: B2300154 DESCRIPTION: RECYCLED ASPHALT PRODUCT (RAP) DEPARTMENT: GRAVEL ROAD MGMT. DIVISION, PUBLIC WORKS BID OPENING DATE: AUGUST 10, 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: Recycled Asphalt Product (RAP) The project, in general consists of stockpiling and loading up to 25,000 tons of (CLEAN) recycled asphalt for the re -surfacing and improvement of gravel roads within Weld County. Bids will be received until: AUGUST 10, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on AUGUST 10, 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 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 239253389 PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes. proposals, addendums, and awards on this one centralized system. B2300154 CbY15&* aplc&&d /l a PA, 9Ai 102,5 pia)) 1 zU7_3 73e79 EaCi00t Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids(c weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B. 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 your bid has been received. Please call Purchasing at 970-400-4222 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, 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 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; 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 Bid 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. B2300154 2 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid; Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological. or geophysical data). If Weld County receives a CORA request for bid information marked `CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA. and disclose those portions staff determines are not protected from disclosure. Weld County staff will n ot 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 e xecuted 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 n or 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. B2300154 3 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 o r right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits u nder 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 o utlined 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 u njustly 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 n ot 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. B2300154 4 O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests Service Calls in the First One Year Period The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted 1 Detailed equipment specifications to include the warranty 2 Descriptive literature P. Non -Assignment The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts 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. §§24-18-20'I et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder 82300154 5 T. Severability- If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in the contract or incorporated herein by reference shall be null and void V Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee W Compensation Amount Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code W .Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County 6. INSURANCE REQUIREMENTS General Requirements Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller 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 B2300154 6 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 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 bidders 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. B2300154 7 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. B23OO154 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING Purpose: The project, in general consists of stockpiling and loading up to 25,000 tons of recycled asphalt (RAP) for the re -surfacing and improvement of gravel roads within Weld County GENERAL CONDITIONS AND SCOPE' 1 All recycled asphalt shall meet specifications described on pages 11 & 12 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 Project time will be from August 2023 through August 2024 4 Weld County will select the bidder(s) based on the lowest cost to the County This bid may be awarded to more than one vendor 5 The successful bidder(s) shall provide a Supply Bond to the County as arranged by the parties 6 The successful bidder(s) shall provide a certificate of insurance to the County as arranged by the parties 7 Certified scales are required 8 Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the pile site Tickets must be a printed scale generated ticket by weight having the gross weight, tare weight and net (Tons) listed The tickets must also List Ticket Number, Date, Time, Truck Number, Driver (optional), Delivery Location and Product 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 00am 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(s) is required to accommodate these situations as necessary for the unit price shown in the bid 11 Weld County will select the bidder(s) 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 and site location 12 The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road, and Bridge Construction 2021, 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 B2300154 9 Schedule: Bids due to Purchasing Bids accepted by BOCC Weld County Contacts: August 10, 2023 August 28, 2023 Question related to the project and procedures should be directed to: Ryan Axtman — Construction Inspection Supervisor Weld County Public Works (970) 400-3743 raxtman@jweldgov.com Luis Morales — Gravel Road Mgmt. Supervisor Weld County Public Works (970) 304-6496 (morales r.�weldgov. corn TERMS AND CONDITIONS: Curtis Hall — Director Weld County Public Works (970) 400-3721 chall[a�weldgov.com This one-year contract is renewable for up to (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 Asphalt 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 re -cycled asphalt product supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. B2300154 10 REVISION OF SECTIONS 105 and 106 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 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 as follows 1 Process Control Sampling and testing Process Control is REQUIRED and will be done in accordance with Table 1-A Process Control results shall be presented to Weld County daily, by email to the above contacts, with a scale photo of tons processed for sample target and scale photo of end of day total All elements listed in Table 1-A are required with submitted testing results Lab data sheet for each sample shall contain the Revision to 703 gradation and Atterberg limits 2 Process Control shall run ASTM D 5821 and ASTM C 142 at the beginning of production to verify adherence to the contract specifications 3 Samples will be taken from a maximum one -foot -thick test pad(s) following CP 30, section 4 3 3 2, and section 4 4 2 4 Weld County reserves the right to select random samples from the stockpile at ANYTIME OA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4 3 5 or from a Stockpile in accordance with CP 30 / 4 3 3 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 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 T27 and T11 CP31-13 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 B2300154 11 Revision of Section 106 Storage of Materials Section 106 of the Standard Specifications is hereby revised for this project as follows Subsection 106 08 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 Aggregate Base Course (RAP). Delete the text including Table 703-3 and substitute the following. Shall be 100 percent crushed recycled asphalt pavement material 1 2 inch passing 2 'A inch passing 3 Fractured faces, one or more, ASTM D 5821 4 Free from organic matter and lumps or balls of clay 5 Liquid Limit, AASHTO T 89 BID SCHEDULE 2023 Crushed Recycled Asphalt Product Supply 100% 50% 45% min 35 max ITEM # ITEM PIT/SITE QUANTITY UNIT PRICE CONTRACT PRICE LOCATION PER UNIT 304 00 Recycled Asphalt Product UP TO 30,000 TON Prices will include all labor and equipment costs necessary to stockpile and load matenal ready for use Transportation of all the recycled asphalt product will be by Weld County personnel B2300154 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on August 10, 2023: on or before the bid opening 1) Pages 8 thru 14 of the Bid Specifications and/or Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. B2300154 13 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. #B2300154 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 bid 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 Martin Marietta Materials BUSINESS 1627 Cole Blvd, Ste 200 ADDRESS CITY, STATE, ZIP CODE Lakewood, CO 80401 TELEPHONE NO 303-657-4200 FAX N/A TAX ID # 56-1848578 _TITLE Trevor Norton, General Manager PRINTED NAME R SIGNATURE \ Vote:, E-MAIL Trevor.Norton@martinmarietta.com DATE 08/09/2023 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- 7. ATTEST. Weld •u,ty Clerk to the =oa d WELD COUNTY, COLORADO BY: ddriu,N) BOARD OF COUNTY COMMISSIONERS � eputy Cle�' Lo th = :. S,r ► 4 ke Freeman, Chair SEP 1 1 2023 82300154 14 oZoo23- a3-79 AC RO a® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/2312023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsement(s). PRODUCER Marsh USAlnc. CONTACT NAME: 100 North Tryon Street, Suite 3600 PHONE FAX (8(tla EXUd i1C� No27._ Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. 0922888 EMAIL _ADD_RES4,�__,.__ INSURERLI AFFORDING COVERAGE NAIL E CN102458548-1 MMM-GAWX-22-23 RM201 INSURER A: American Zurich Insurance Company 40142 IN M rt Marietta Materials, Inc. INSURER B : American Guarantee and WWII IY nsurance Com�an,_ 26247 Attn: Dan Welsh 4123 Parklake Avenue PO Box 30013 INSURER C: INSURER D _._SURE INSURER E : Raleigh, NC 27612 INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-005034?45.09 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIi3R � 'ADDtjSUBR? , POLICY EFF —WOUCY fxJGP-'—T--� __.. .. _._.. ._.SUSS_....._... _.----_.---.— LTR TYPE OF INSURANCE . INSO ; WVD '_ POLICY NUMBER (MMfDDIYYYY) IMMIDOrYYYY1 ` LIMITS A ! X LuEN'L LPOLICY i COMMERCIAL GENERAL umai re IGLO987504401 109(30/2022 09/30/2023 I EACHDGcuRRENDE -DAMAGE $ 3,000,000 CLAIMS -MADE OCCUR I I TO RENTED , r ! PREMISES (Ea occurrence) MED EXP (Any one person) $ 50,000 $ 3,000,000 j PERSONAL & ADM INJURY AGGREGATE LIMIT APPLIES PER: , GENERAL AGGREGATE $ 6,000,000 I I 28-_ I LOC I PRODUCTS - COMP/OP AGG OTHER: $ 6.000,000 A ( AUTOMOBILELIABLITY x. IBAP987504501 09/30/2022 '09130:2023 i YSMBINEDl:NGLEUMIT . occident _ -- ANY AUTO I ' BODILY INJURY (Per person) OWNED;SCHEDULED I BODILY INJURY (Per accident) AUTOS ONLY � .,_ _� AUTOS $ 5,000,000 - 5 HIRED NON-QWNED I PROPERTY DAMAGE 4 AUTOS ONLY --_, AUTOS ONLY I I (Per accident, I X UMBRELLA LIAR X j OCCUR i , AUG 3293761-01 !09/30/2022 109/30/2023 EACH OCCURRENCE EXCESS LIAB ? .__...._ __..__._._ CLAIMS -MADE ; AGGREGATE DED T 7i -RETENTION $ i ! 5 1,000,000 .._._,....__,___..._ 5 1,000,000 A 1 WORKERS COMPENSATION WC987504701 109/30/2022 109/30/203 X PER ( H- i AND EMPLOYERS' LIABILITY STATUTE 1, EOR,_ I ANYPROPRIETOR/PARTNERIEXECUTIVE YlN l : E. L. EACH ACCIDENT i OFFICERrM alilg EXCLUDED? NIA - .-._ _._.. (Mandatory In NHI E,L DISEASE - EA EMPLOYEE 'AMMOtlascrlbe under DESDRIPTION OF QPERATIONs. aw > E L. DISEASE - POLICY LIMIT 5 2,000,000 ... $ 2,000,000 5 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County isiare additional insured under General Liability (including ongoing and completed op, and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on e primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Bex 758 Greeley, CO 80632 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '` 9 ACORD 25 (2016/03) © 1988.2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * MARTIN MARIETTA MATERIALS INC Entity ID* @00031274 Contract Name* 2023 RECYCLED ASPHALT PRODUCT (RAP) Contract Status CTB REVIEW Q New Entity? Contract ID 7350 Contract Lead * LMORALES Contract Lead Email Imorales@weldgov.com Contract Description * BID # 23001 54 RECYCLED ASPHALT PRODUCT (RAP) FOR HRP PROJECTS. Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 BID # 23001 54 RECYCLED ASPHALT PRODUCT (RAP) FOR HRP PROJECTS. ONE VENDOR OUT OF 3. FIRST YEAR OUT OF A POSSIBLE 3 YEAR CONTRACT ( 2 YEAR RENEWAL). Contract Type* CONTRACT Amount* $315,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney KARIN MCDOUGAL County Attorney Email KMCDOUGAL@CO.WELD.C O.US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 09/06/2023 Due Date 09/02/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 06/03/2024 Renewal Date" 08/01/2024 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 09/06/2023 Approval Process Department Head DUANE NAIBAUER DH Approved Date 09/06/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/11/2023 Originator LMORALES Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 09/06/2023 09/06/2023 Tyler Ref* AG 091123 MEMORANDUM TO: Duane Naibauer, Deputy Director of Public Works DATE: August 25, 2023 FROM: Luis Morales, Gravel Road Management Supervisor SUBJECT: Recycled Asphalt Product (RAP), Bid No. B2300154 On August 14, 2023, Three bids were opened for Recycled Asphalt Product (RAP), Bid No. B2300154. Three bids were submitted by Martin Marietta Materials based out of Denver Co, also J2 Contracting Co INC based out Platteville CO and Bumco Colorado LLC out of Henderson Co, which submitted a bid for Class 6 Concrete base. Please see bid tab below: VENDORS Martin Marietta Materials 1627 COLE BLVD, STE 200 LAKEWOOD COLORAD 80401 BURNCO COLORADO LLC 10100 DALLAS SR HENDERSON CO 80640 J2 CONTRACTING CO INC 105 COLORADO CT, UNIT A-101 FORT COLLINS CO 80525 PRICE PER TON TOTAL BASE BID (30,000 TONS) $10.50 $315,000.00 Pit Location: 6395 N. Pecos St, Denver, Co $12.00 (recycled concrete) Pit Location: Firestone, 11401 CR 9 3/4 $360,000.00 $18.00 $540,000.00 Pit Location Hwy 17499 CO Hwy 60, Platteville CO The lowest bid meeting the bid specifications was submitted by Martin Marietta Materials and is within the 2023 estimated budget for this contract. It is Public Works recommendation to award the bid to Martin Marietta Materials for the total amount of $315,000.00. yzY 2023- Z3 cc-4od1'3-1 WELD COUNTY PURCHASING 1301 N. 17TH Avenue, Greeley, CO 80631 E-mail: reverett(B weldgov.com E-mail: cgeisert@weldgov.com Phone: 970) 400-4222, 4223 DATE OF BID: AUGUST 10, 2023 REQUEST FOR: RECYCLED ASPHALT PRODUCT (RAP) DEPARTMENT: PUBLIC WORKS BID NO: #B2300154 PRESENT DATE: AUGUST 14, 2023 APPROVAL DATE: AUGUST 28, 2023 VENDOR MARTIN MARIETTA MATERIALS 1627 COLE BLVD, STE 200 LAKEWOOD CO 80401 BURNCO COLORADO LLC 10100 DALLAS ST HENDERSON CO 80640 J2 CONTRACTING CO INC 105 CORONADO CT, UNIT A-101 FORT COLLINS CO 80525 PRICE PER TON (30,000 tons) TOTAL BASE BID $10.50 $315,000.00 Pit Location: 6395 N. Pecos St, Denver, CO $12.00 $360,000.00 (recycled concrete) Pit Location: Firestone, 11401 CR 9 3/4 Also, Class 6 concrete base: Firestone, Windsor, Milliken, Jeffco Pits $18.00 $540,000.00 Pit Location: Hwy 17499 CO Hwy 60, Platteville,CO PUBLIC WORKS IS REVIEWING THE BIDS. 2023-2379 Hello