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Home My WebLink About20240383.tiffCorr\vc c+ Ifi q 094 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2025 Purchased Surface Gravel Supply, Extension/Renewal DEPARTMENT: Public Works DATE: 1/30/2025 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County's current Purchased Gravel Supply agreement that was originally awarded to J-2 Contracting, Co., in 2024. This will be the first extension/renewal of a possible two-year renewal contract number 2024-0383. The BOCC has the option of renewing the agreement for one year as permitted by the contract. The contract allows for a possible yearly bid adjustment based upon the current ENR Cost Index. J-2 Contracting, Co., as requested an increase for this renewal. The requested increase is well below the amount allowed for the yearly bid adjustment per the contract What options exist for the Board? 1) The Board may agree to extend/renew J-2 Contracting, Co., contract as recommended. 2) The Board my decide not to extend/renew the contract. Consequences: Approval of the renewal allows the Gravel Road Division to continue the 2025 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): J-2 Contracting, Co., will supply Weld County with up to 110,000 tons at $17.50/ton equaling $1,925,000.00 Leaving a balance of up to $1,925,000.00 to be awarded for the rest of the county locations later this month. The budgeted amount for the Weld County Purchased Gravel Supply for 2025 contract year is $3,900,000.00. Recommendation: Public Works recommends the contract renewal be placed on the BOCC agenda. Support Recommendation Schedule place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Chair Scott K. James, Pro -Tern Jason S. Maxey Lynette Peppler Kevin D. Ross come.r71-nr601/4- 2/I Z/25 C C : 0nbuSe- ) puyeAnctstrioj 2.42/25 el 00V_ ZOZ-4- 0 3'3'3 (:UN I KAU I A(,3KttMtN I tAl hNSION/IihNENVAL tit I WttN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS, GRAVEL ROAD MGMT DIVISION AND J-2 Contracting Co. This Agreement Extension/Renewal ("Renewer), made and entered into I Z ' day of V('10VUGV , ZOZ, 5 , by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Pubtc Works. Gravel Road Mgmt. Division, hereinafter referred to as the "Department", and,Ea Contracting Co., 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.2024-0383, approved on April 15.2024. 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 April 14. 2025. The parties agree to extend the Original Agreement for an additional 365-dgy,period, which will begin April 15. 2025, and will end on April 14. 2026. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. The total new cost is not to exceed $1,950.000.00 budgeted for this renewal contract. 2. The 2024 bid schedule on the original contract will be replaced by the attached 2025 bid schedule. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: (//,,,s- LE:4l5 Printed Name Signature ATTEST: 9 Weld my ,lerk to the Board BY: 1\ Deputy Clerk to the Boa BOARD OF COUNTY COMMISSIONERS WE OUNTY. COLORADO Perry L .,r ck, Chair FEB 1 2 2025 BID SCHEDULE 2025 Surface Gravel Supply Gravel Spec from Table 7-2 with 1 ITEM 2 ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Poudre 1013 Ponds N25th Greeley, CO 80631 104,053 TON $18.75 $1,950,994.00 TON TON Gravel Spec from Second Table 7-2 with 11/2 ITEM ITEM # PIT LOCATION UANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Poudre 1Ponds 013 N 5th Greeley, CO 80631 110,000 TON $17.50 $1,925,000.00 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. Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index Sieve Designation Mass Percent Passing Square Mesh Sieves LL 5 35 LL ≤ 20 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 25.40 1 95-100 100 100 100 19.00 3A 50-90 95-100 12.5 1/2 60-85 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 No* 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 Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index Sieve Designation Mass Percent Passing Square Mesh Sieves LL 5 35 LL 5 20 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 3/ 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 20°0 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 Contract Form Entity Information Entity Name * J2 CONTRACTING Entity ID* @00003232 Contract Name * WELD COUNTY PURCHASED SURFACE GRAVEL SUPPLY Contract Status CTB REVIEW ❑ New Entity? Contract ID 9094 Contract Lead * MLIVENGOOD Contract Lead Email MLivengood@weld.gov Contract Description * WELD COUNTY PURCHASED SURFACE GRAVEL SUPPLY 9-2 CONTRACTING) Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 WELD COUNTY PURCHASED SURFACE GRAVEL SUPPLY 9-2 CONTRACTING) FIRST RENEWAL/EXTENSION OF 2024 CONTRACT Contract Type* RENEWAL Amount* $1,925,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID 20240383 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 02/08/2025 02/12/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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 * 01/01/2026 Renewal Date * 02/01/2026 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/06/2025 Approval Process Department Head .CURTIS HALL DH Approved Date 02/06/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/12/2025 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/06/2025 02/06/2025 Tyler Ref* AG 021225 Originator MLIVENGOOD BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Additional Gravel Purchase DEPARTMENT: Public Works Trucking Division DATE: 7/29/2024 PERSON REQUESTING: Mike Livengood Gravel Roads Maintenance Supervisor Brief description of the problem/issue: The Gravel Roads Maintenance Division is asking fora change order to the material supply contract to continue purchasing surface gravel through December 2024. The contractor for the project is J2 Contracting. J2 has performed to contract specifications throughout the contract term. What options exist for the Board? Consequences: If the board approves the change order Public Works will be able to continue to utilize purchased surface gravel for gravel road maintenance. Impacts: If the board denies the change order gravel resources will be limited and it will negatively affect gravel road maintenance projects. At the current rate of utilization, the supply contract will be exhausted in approximately 10 weeks. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The requested change order amount is S670,000.00 to purchase an additional 40,0000 tons of surface gravel. PW has had conversations with Finance about this request and there are budget dollars available for this request. Recommendation: Staff recommends the change order be placed on the BOCC agenda for consideration. Support Recommendation Schedule Place on BOCC Agenda, Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine 3/19 rytr 6 \k(i_ 6)7,1,6C /9�afr oz4-o33 Eel DOS Z Change Order # 1 to Service Agreement Between Weld County and J2 Contracting Date: 7/30/2024 Original Agreement: 2024-0383 County Department Public Works The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. The Exhibit revises the original bid schedule to increase the maximum amount of 1% surface gravel to be purchased from 57,500 ton to 60,455 ton with no minimum quantity guaranteed. 3. The amount of the contract is adjusted as follows: $1,355,242.50 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $670,000.00 Current Change Order Amount $2,025,242.50 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACT By: Name: CH3 Title: PAIS_c.D.EArr ATTEST: ddr.4)�: `f,ch, � Weld County Clerk to the d BY: eputy Clerk h 1861 u O 4a9 Date 8A/2Y BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �� Dom✓ Kevin D. Ross, Chair AUG 1 9 2024 Page 1 of 1 ao21-4- oga3 Change Order 1 Revised BID SCHEDULE 2024 Surface Gravel Supply Gravel Spec from First Table 7-2 with 1 tot ITEM # ITEM PIT LOCATION QUANTITY UNIT PRICE PER REVISED CONTRACT PRICE UNIT 304.00 Surface Gravel 1507 East th ST Greeley CO 80631 Up to 60,455 TON $16.75/Ton $1,012,621.25 1507 East 8th ST Greeley CO 80631 Up to 60,455 TON $16.75/Ton $1,012,621.25 TON Gravel Spec from Second Table 7-2 (OPTION) with 1 ITEM ITEM B PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel 1507 ast 8th ST GreeleEy CO 80631 Up to 57,500 TON $17.75/Ton $1,020,625.00 1507 East 8th ST Greeley CO 80631 Up to 57,500 TON $17.75/Ton $1,020,625.00 TON Both Bid Schedules for both specifications must be filled out to be considered. 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. Contract Form Entity Information Entity Name * j2 CONTRACTING Entity ID* @00003232 Contract Name * MATERIAL SUPPLY CONTRACT CHANGE ORDER 1 Contract Status CTB REVIEW Contract ID 8613 Contract Lead * MLIVENGOOD O New Entity? Parent Contract ID 7888 Requires Board Approval YES Contract Lead Email Department Project # MLivengood@weld.gov Contract Description CHANGE ORDER TO INCREASE GRAVEL SUPPLY CONTRACT BY 40,000 TONS Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date CHANGE ORDER PUBLIC WORKS Date* 08/24/2024 08/28/2024 Amount* Department Email $670,000.00 CM- Will a work session with BOCC be required?* PublicWorks@weldgov.co NO Renewable* m NO Does Contract require Purchasing Dept. to be Automatic Renewal Grant IGA Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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 * 09/25/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 08/13/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08/19/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 08/14/2024 08/14/2024 Tyler Ref # AG 081924 Originator NGIBSON Conit4d--t 18`8'8 WELD COUNTY AGREEMENT FOR MATERIALS OR EOUIPMENT BETWEEN WELD COUNTY 84 J2 CONTRACTING THIS AGREEMENT is made and entered into this 15' day of April , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and J2 Contracting [an S corporation], who whose address is 105 Coronado Ct Unite A-101, Fort Collins CO 80525, hereinafter referred to as "Contractor". WHEREAS, this project consists of stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads surrounding Greeley and South areas of Weld County WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B , each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits_ A and B , define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2400037 ". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit B which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible cohV,v1i- C1A-' 4/12 cam- Gke)&f.,(4,2iyMS 20Z1-4 -0K53 ECIOMZ for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Tam. The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A . Completion of the responsibilities are to be completed within one year of the date of execution of this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. Upon mutual agreement of Parties, this initial one-year term may be renewed annually for up to two additional one-year terms by written agreement, subject to annual budgeting and appropriation of funds by the County for each year. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (I) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, which would include materials already produced and stockpiled; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or parially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 7. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $1355242.50, Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of $1,355,242.50. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 8. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any eraployee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor 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 as set forth in Exhibit provide proof thereof when requested to do so by County. 9. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes towardCounty. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 10. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 11. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 12. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor 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. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. 13. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 14. Public Contracts for Services. - Illegal Aliens: Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor perforating work under the public contract for services knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract, if within three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, by the Colorado Department of Labor and Employment. Contactor shall, within twenty (20) days after hiring a new employee to perform work under the Agreement, affirm that the Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal taw and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under this Agreement, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the Agreement. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: is a citizetsof the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shalt produce one of the forms of identification required by federal law prior to the effective date of this Agreement. 15. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering alt operations, goods or services provided pursuant to this request. Contractors 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 tlxgthe Canty will be notified ofany reduction, loss, or mocifca tion to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (1 0) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor 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 Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor 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; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor 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. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion, Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. 16. Non -Assignment. Contractor may not assignor transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 17. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 18. 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. 19. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: J-2 Contracting Co. Attn.: Chris Leone Address: 105 Coronado Ct. Unit A-101 Address: Fort Collins, CO 80525 E-mail: chrisleone@j2contracting.com With copy to: Name: Carol Shima Position: Administrator Address: 105 Coronado Ct. Unit A-101 Address: Fort Collins, CO 80525 E-mail: carol @j2contracting.com Facsimile: Co -Co_ unt�c Name: Mike Livengood Position: Supervisor, Gravel Road Mgmt., Public Works Address: 1111 1-1 Street Address: Greeley, CO 80631 E-mail: mlivengood(a)weld.gov Facsimile: 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Nat -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. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-50?. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 25. 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. 26. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. 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. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 33. Compliance with Colorado Department of Transportation Regulations and Standards Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 34. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annualy, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits _ A and . , is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of April CONTRACTOR: / / C 1Qn/i RAGT2-A/6 W By: Name: C�td,var - ( iCo Title: Pitayszzhenir Date 3 ' 2- z WELD COUNTY: ATTEST'. I ;&k. BOARD OF COUNTY COMMISSIONERS Weld Cottit Clerk to the B yard WELD CO Deputy �► rk to he :,;'""l4P °° 0j Sevin D. Ross, Chair APR 1 5 2024 B oZzt,�'f - D 383 BID SCHEDULE 2024 Surface Gravel Supply Gravel Spec from First Table 7-2 with 1114 ITEM ITEM # PIT LOCATION IQ UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 TON TON Gravel Spec from Second Table 7-2 (OPTION) with 1 ITEM S ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 TON TON Both Bid Schedules for both specifications must be filled out to be considered. 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. ADDENDUM#1 BID REQUEST NO. B2400037 SURFACE GRAVEL SUPPLY Currently Reads: See page 12 - The first table will stay with NO changes Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index Change this to read — Additional - The second table below: (OPTION) will need to be added, with the changes of taking the 1 '/Z out and making the 1- 100% Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index rss Percent Passing'Square Mesh Sieves LL ≤ 35 LL 20 Standard (mm) Mesh (in) Class Class Class Class Class 1 2 3 4 5 Class Class 6 7 Gravel Surfacing LL530 150.00 6 100 100.00 4 100 75.00 3 95-100 63.00 2%z 100 50.00 2 95-100 100 37.50 1 % 90-100 100 25.40 1 95-100 100 100 100 19.00 3 50-90 95-100 12.5 1/2 55-80 4.76 No. 4 30-65 45-65 33-53 2.38 No. 8 25-55 20-85 0.42 No. 40 15-35 0.07 No. 200 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index LA wear test (T96) 0 0 0 _ 0 0 0 0 0 0 50 max 0 0 50 max 0 6-16 40 max ***We need signed copy submitted with your bid. Thank you! Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL March 15, 2024 ADDENDUM BID REQUEST NO, B2400037 SURFACE GRAVEL SUPPLY POSTED 2/1/2024 Currently Reads: §ID SCHEDU 2024 Surface Gravel Sulmiv JIM $ JM pIT LOCATION QUANTITY 11511 MIME 1112C CONTRACT PRICE 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 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. REVISED TO: SID SCHEDUI& 2024 Surface Gravel Gravel Spec from First Table 7-2 with 1 t4 ITEM ITEM PIT LOCATION QUANTITY, UNIT lirff mamma* 304.00 Surface Gravel 1507 East 6th Street reeley, CO 80831 Up to 57,50D TON 518.75 / TON 6983,125.00 507 East 8th Street eeley, CO 80831 Up to 57,500 TON 516.75 / TON 983,125.00 TON 'Timing and availability of supply are contingent upon receiving a Weld County USR Permit for the listed site. Gravel Spec from Second Table 7-2 (OPTION) with 1 El it ITEM PIT LOCATION QUANTITY I allizif$ UNIT CONTRACT PRICE 304.00 Surface Gravel 1507 East 6th Street reeley, CO 60831 Up to 57,500 TON $17.75 /TON 1,020,825.00 1507 East 0th Street reeley, OO60831 Up to 53,500 TON $17.75 I TON 1,020,825.00 TON "Timing and availability of supply are contingent upon receiving a Weld County USR Permit for the listed site" Both Bid Schedules for both specifications must be filled out to be considered. 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. 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 er the request for proposal for Request No. 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 far 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 J-2 Contracting Company, Inc BUSINESS ADDRESS 105 Coronado Ct. Unit A-101 CITY, STA1FE, ZIP CODE Fort Collins, CO 80525 TELEPHONE NO 970-392-0694 FAX 970-392-0695 PRINTED NAME AEChris Leone, President SIGNATURE TAX ID # 8'4-1346070 E-MAIL chrlgteone®j2contrac ing.com DATE 2/09/2024 '*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 SACK PAGES 1-7, ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin D. Ross, Chair BID REQUEST #82400037 ***We need signed CODY submitted with your bid. Thank you!". Addendum received by: February 1, 2024 J-2 Contracting Company, Inc FIRM 105 Coronado Ct. Unit A-101 ADDRESS Cr'i,r,SSC E©n,�C .�?tr��l'iC.oeTli•.i. ei+•. EMAIL Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: January 23, 2024 BID NUMBER: M2400037 DESCRIPTION: Surface Gravel Supply (Covering areas throughout Weld County) DEPARTMENT: Gravel Road Mgmt. Division, Public Works MANDATORY PRE -BID CONFERENCE DATE: January 31, 2024 BID OPENING DATE: February 9, 2024 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 The project, in general consists of stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads surrounding Greeley and South areas of Weld County. A mandatory pre -bid conference will be held on January 31, 2024 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: February 9, 2024 at 10;00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 9th 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 Purchasing Conference Room, 1301 N. 17tH Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 862700186 PAGES 1 - 7 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 7. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise andior 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 https://www.bidnetdirect.0om/ 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. Did Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids 5 weld.gov; however, if your bid exceeds 25MB please upload your bid to httos://www.bidnetdirectcom. 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/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) BID REQUEST #62400037 Page 2 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. 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 iderdifying 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 sr 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 net 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. Complia■ce 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 BID REQUEST #62400037 Page 3 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: January 23, 2024 BID NUMBER: AB2400037 DESCRIPTION: Surface Gravel Supply (Covering areas throughout Weld County) DEPARTMENT: Gravel Road Mgmt. Division, Public Works MANDATORY PRE -BID CONFERENCE DATE: January 31, 2024 BID OPENING DATE: February 9, 2024 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 The project, in general consists of stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads surrounding Greeley and South areas of Weld County. A mandatory pre -bid conference will be held on January 31, 2024 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: February 9. 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 9th 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 Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 862700186 PAGES 1 - 7 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 7. 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 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. Did Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids(eilweldstov; 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/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) BID REQUEST #82400037 Page 2 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. 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 an 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. Compliaece 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 arrd unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied BID REQUEST #62400037 Page 3 in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 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. BID REQUEST #82400037 Page 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. §§24-18-201 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. Severablity: 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 - BID REQUEST #82400037 Page 5 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. 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 BID REQUEST #62400037 Page 6 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 it's methods or procedures; or in its provisions of the materials required herein, or.'fromany claims or amounts arising oo.-- 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. 1n 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. 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, coveringall operations hereunder set y . forth in the Request for Bid. 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, For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and, d marine, Successful bidders insurer shall name County as an additional insured. : For all coverages, Successful bidder's insurer shall waive subrogation rights against County. 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. BID REQUEST #B2400037 Page 7 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. SPECIFICATIONS AND/OR SCOPE OF WORK: Purpose: Weld County is soliciting bids for surface gravel supply. The project, in general consists of crushing, stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads throughout Weld County. GENERAL CONDITIONS AND SCOPE: 1. All surface gravel shall meet specifications described on page 10, 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. The initial contract term is February 2024 or upon signed contract through December 2024. 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 or bidders based on the lowest cost to the County. 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 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 QA 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(s) is required to accommodate these situations as necessary for the unit price shown in the bid. BID REQUEST #B2400037 Page 8 11. Weld County will select the bidder or bidders based on the lowest cost to the County, considering job - site locafion and hauling cost. Materials' may be purchased from multiple bidders. 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 Diector, 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: Date of this Bid January 23, 2024 Advertisement Date January 23. 2024 Pre -Bid Meeting January 31, 2024 Bid Questions Due February 2, 2024 Bid Answers Posted February 6, 2024 Bids Are Due February 9, 2024 Bid Presentation to BOCC February 14, 2024 Bid Approval/Award Notice February 28, 2024 Contract Execution March 6, 2024 Supply Delivery Upon Notice to Proceed Weld County Questions: Question related to the project and procedures should be emailed to bidstiweld.aov by February 2, 2024. Questions are anticipated to be answer by the Public Works Department contact and posted by close of business on February 6, 2024. BID REQUEST #82400037 Page 9 TERMS AND CONDITIONS: 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. 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. BID REQUEST #B2400037 Page 10 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. 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 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 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 Slough 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. BID REQUEST #82400037 Page 11 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 Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index 30 max. 2/3 max. Sieve Designation Mass Percent Passing Square Mesh Sieves LL 6 35 LL ≤ 20 Gravel Surfacing LL -I30 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 '/2 90-100 100 100 25.40 1 95-100 100 100 90-100 19.00 3/ 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 2�O 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 REQUEST #B2400037 Page 12 BID SCHEDULE 2024 Surface Gravel Supply ITEM # MEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 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 SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on February 9, 2024: 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 terns 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. BID REQUEST #132400037 Page 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 proposal for Request No. #B2400037. 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 BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **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 - 7. ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin D. Ross, Chair BID REQUEST #B2400037 Page 14 ADDENDUM#1 BID REQUEST NO. B2400037 SURFACE GRAVEL SUPPLY Currently Reads: See page 12 - The first table will stay with NO changes Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index Change this to read — Additional - The second table below: (OPTION) will need to be added, with the changes of taking the 1 A out and making the 1- 100% Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index Sieve Designation Mass Percent Passing Square Mesh Sieves LL 5 35 LL 5 20 Gravel Surfacing LL5. 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 b 75.00 3 95-100 63.00 2 '/ 100 50.00 2 95-100 100 37.50 1 '/ 90-100 100 25.40 1 95-100 100 100 100 19.00 3l 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 20� 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 ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL March 15, 2024 Exhibit B BID SCHEDULE 2024 Surface Gravel Supply Gravel Spec from First Table 7-2 with 1 ITEM # ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 TON TON Gravel Spec from Second Table 7-2 (OPTION) with 1 ITEM 4 ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 TON TON Both Bid Schedules for both specifications must be fitted out to be considered. 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. ADDENDUM#Z BID REQUEST NO. B2400037 SURFACE GRAVEL SUPPLY POSTED 2/1/2024 Currently Reels: ¢ID SCHEDULE 2024 Surface Gravel Suaaly a(� ITIM PIT LOCATION, QUANTITY UNIT P151.015 ZILE CONTRACT PRICE 304.00 Surface Gravel Up to 57,500 TON Up to 57,500 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. REVISED TD: DID SCHEDULE 2024 Surface Gravel lv "Timing and availability of supply are contingent upon receiving Gravel Spec from First Table 7-2 with 1 Ye a Weld County USR Permit for the listed site" I GI 8 Il 1L PIT LOCATION QUANTITY mg PRICE PER IJIIIQ CONTRACT PRICE 300.00 507 East 8th Street Surface Gravel reatay, CO 80631 Up to 57,500 TON 816.75 / TON 8963,125.00 507 Eeat 8th Street coley, CO 80831 up to s7,soo TON $18.75 /TON 963,125.00 TON Gravel Spec from Second Table 7-2 (OPTION) with 1 GEM a GI PIT LOCATION ANTI]! UNIT MU CONTRACT' PRICE 304.00 swface Gravel 1507 East 801 Street realey, CO 80831 Up to 57,500 TON 517.75 / TON 1,020,825.00 1507 East 8th Street reeiey, CO 80631 up to 57,500 TON $17.75 / TON 1,020,625.00 TON "Timing and availability of supply are contingent upon reee/sing a Weld County USR Permit for the listed site" Both Bid Schedules for both specifications must be filled out to be considered. 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. 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. #B2400087, 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 bld(s) may be awarded to more than one vendor. FIRM J-2 Contracting Company, Inc BUSINESS ADDRESS 105 Coronado Ct. Unit A-101 CITY, STATE, ZIP CODE Fort Collins, CO 80525 TELEPHONE NO 970-392-0694 FAX 970-392-0695 PRINTED NAIVE A EChris Leone, President TAX ID # 84-1346070 SIGNATURE E-MAIL ch necantractmg.com DATE 2/09/2024 ...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 PAWS -7, ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin D. Ross, Chair BID REQUEST #82400037 Page 14 ".We need signed copy submitted with your bid. Thank you!""" Addendum received by: February 1, 2024 J-2 Contracting Company, Inc FIRM 105 Coronado Ct. Unit A-101 ADDRESS C4 44s't.110^4.42l3"a.1' 6a,r/G cam7ir.L.Cn,... EMAIL. MEMORANDUM TO: Board of Commissioners DATE: February 27,2024 FROM: Curtis Hall, Public Works Director SUBJECT: Surface Gravel Supply for 2024 (BID REQUEST NO. B2400037) As advertised, this bid is for gravel supply to support maintenance on roads surrounding Greeley and South areas of Weld County. The low bid is from Connell Resources, Inc. However, when Public Works trucking costs are factored in (based on location of gravel pit), the low bid is from J-2 Contracting as shown below: Vendor Pit Location Price per Ton Trucking per Ton Total Per Ton Connell Resources Inc. 8821 CR 126 Carr, CO $12.35 $5.70 $18.05 J-2 Contracting 1507 East 8th Street, Greeley CO $16.75 $0.71 $17.46 C & H Aggregate LLC 46355 CR 39 Nunn CO $17.90 $5.20 $20.36 Therefore, Public Works is recommending awarding to J-2 contracting in the amount of $16.75 per ton. In addition, Public Works is recommending the award for a not to exceed amount of 80,910 tons for a total of $1,355,242.50. If you have any questions, please contact me at (970) 400-3721. rely urns Hall Public Works Director ACO LD® CERTIFICATE OF LIABILITY INSURANCE DATE) 3/1M9/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAIL: 155 Inverness Drive West Englewood CO 80112 P.POD$En.'''303-799-0110 In NO: 303.799-0156 ApoRESS: Infolliihinkccig.cDm INSURERS) AFFORDING COVERAGE NAIL. license#:45339 /50/RICO Union Insurance COnnppey 25844 INSURED J-2CONT02 J-2 Contracting Company, Inc INSURER B : PImao01 Assurance 41190 INSURER c : Berkle /,Assurance Company 39462 105 Coronado Ct, Unit A-101 Fort Collins CO 80525 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:283010707 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 CONDRIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R, TYPE OF INSURANCE LTR AMC SUM INS° PM POLICY NUMBER POUCY EFF IMM/DONYYY1 Pb-Mr, EXP /MMIDDJYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CPA3298232 10/1/2023 10/1/2024 EACH OCCURRENCE $1000,000 ' I CLAIMS -MADE OCCUR DAMAGE RENY PREM SESEa occurrence) S 300,000 MED EXP (Any one person) $ 10,000 IPERSONAL S ADV INJURY $ 1,000,000 GEN, AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I - " 1 JE a D 1 LOC PRODUCTS - COMP/OP AGG 12,000,000 OTHER A ! AUTOMOBILE UABILITY Y CPA3298232 10/1/2023 10/1/2°24 ,,,,,.."2=.3.-...T $1,000,000 X ANY AUTO --' BODILY INJURY (Per person) 1 $_. $ ~u OWNED AUTOS ONLY SCHEDULED ,_� AUTOS BODILY INJURY (Per accadent)i I X AUTOS ONLY X AUTOS ONLY eOr dPiERTY DAMAGE $ A X UMBRELLA LIAR 0 OCCUR Y Y CPA3298232 10//2023 10/1/2024 5ACH OCCURRENCE 1 $ 5000,000 EXCESS LIAR r--- CLAIMS"MADE AGGREGATE f $ ' OED I X I RETENTION S to (0O $ e �eyORKERB COMPENSATION AND EMPLOYERS' LIABILITY Y' N IAN/PROPRIETOR/PARTNERYEXECUTIVE D N f A OFFda,0 E H) EXCLUD®? andatory In H) describe under 't Lard i ardRj TION OF OPERATIONS below Y 3114522 10!1/2023 10/1!2024 X PER L OTH STATUTE ,_�ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE _._._-_........_..__._.._.._-._.._..__._..._.—_---_—.._.�w__ E.L. DISEASE -POLICY LIMIT $ 1,000,000 $ 1,000,000 C i PolhrtionlProfessonal Lability C PolluttanlProless onal L abiFtp A Leased and Rented Equipment I PCAB50232171023 PCAB50232171023 CPA3298232 10/1/2023 1011!2023 10!1/2023 10!1/2024 10/1 /2024 10/1/2024 LrrtdVAggregate Retarditxr CMimlAgg L'� 1M/$1M $15K!$30K $750,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Surface Gravel Supply Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are listed as Additional Insureds as respects General Liability, including ongoing and completed operations, and Umbrella Liability. Insurance is primary and non-contributory, A Waiver of Subrogation applies as respects General Liability, Auto Liability Umbrella Liability, and Workers' Compensation. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered In accordance with the policy provisions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Department of Public Works PO Box 758 CO 80632 AUTHORIZED TAME ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OA COLORADO Department of Agriculture AgLicense ID # 003H94 Canal Shima J-2 CONTRACTING CO. 105 CORONADO COURT UNIT A101 FORT COLLINS CO 80525 Printed On:Wednesday, November 29, 2023 305 Interlocken Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867 www.colorado.gov/ag A0A Sel COLORADO Department of Agriculture Scales/Measuring Devices License THIS License IS NOT TRANSFERABLE J-2 Contracting Co. going Business As NameIs) MBA), 1-2 Contracting Co. 17499 Colorado 60 Platteville CO 80651 Scales/Measuring Devices Agl icense ID # 003H94 Ix Scales 80,001 Ibs & up Printed On: Wednesday, November 29, 2023 Effective Date Expires Date Jan 01, 2024 Dec 31, 2024 Kate Greenberg November 29, 2023 Commissioner of Agriculture Print Date 305 Interlocken Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867 www.colorado.gov/ag AC D A COLORADO Department of Agriculture AgLicense ID # 002Y6C Carol Shim J2 CONTRACTING CO, INC 105 CORONADO COURT A101 FORT COLLINS CO 80525 Printed On:Friday, December 08, 2023 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 THIS License IS NOT TRANSFERABLE J2 Contracting Co, Inc prom Business As Nam.) toBAl Poudre Pond Pit 1025 North 25th Avenue Greeley CO 80631 Scales/Measuring Devices Agiicense ID # 002Y6C ix Scales 80,001 Ibs & up Printed On:Friday, December 08, 2023 Effective Date Expires Date Jan 01, 2024 Dec 31, 2024 Kate Greenberg December 08, 2023 Commissioner of Agriculture Print Date 305 Intertocken Parkway, Broomfield, CO 80021 P 303.869,9000 F 303.466.2867 www.colorado.gov/ag ntr ct Entity Information Entity Name * J2 CONTRACTING Contract Name * PURCHASED SURFACE GRAVEL SUPPLY Contract Status CTB REVIEW Entity ID* @00003232 Contract Description * J2 CONTRACTING SURFACE GRAVEL SUPPLY Q New Entity? Contract ID 7888 Contract Lead * MLIVENGOOD Contract Lead Email MLivengood@co.weld.co. us Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 J2 CONTRACTING SURFACE GRAVEL SUPPLY CONTRACT BID # B2400037 FIRST YEAR. Contract Type * CONTRACT Amount* $1,355,242.50 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2400037 BYRON HOWELL Requested BOCC Agenda Date * 04/15/2024 Due Date 04/11/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email BHOWELL@WELDGOV.CO M 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 * 11/04/2024 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 CONSENT 04/09/2024 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/09/2024 04/09/2024 04/09/2024 Final Approval BOCC Approved Tyler Ref # AG 041524 BOCC Signed Date Originator MLIVENGOOD BOCC Agenda Date 04/15/2024 MEMORANDUM TO: Board of Commissioners DATE: February 27,2024 FROM: Curtis Hall, Public Works Director SUBJECT: Surface Gravel Supply for 2024 (BID REQUEST NO. B2400037) As advertised, this bid is for gravel supply to support maintenance on roads surrounding Greeley and South areas of Weld County. The low bid is from Connell Resources, Inc. However, when Public Works trucking costs are factored in (based on location of gravel pit), the low bid is from J-2 Contracting as shown below: Vendor Pit Location Price per Ton Trucking per Ton Total Per Ton Connell Resources Inc. 8821 CR 126 Carr, CO $12.35 $5.70 $18.05 J-2 Contracting 1507 East 8th Street, Greeley CO $16.75 $0.71 $17.46 C & H Aggregate LLC 46355 CR 39 Nunn CO $17.90 $5.20 $20.36 Therefore, Public Works is recommending awarding to J-2 contracting in the amount of $16.75 per ton. In addition, Public Works is recommending the award for a not to exceed amount of 80,910 tons for a total of $1,355,242.50. If you have any questions, please contact me at (970) 400-3721. erely urfis Hall Public Works Director 2_62(i- On6 2/2S DATE OF BID: FEBRUARY 9, 2024 REQUEST FOR: SURFACE GRAVEL SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2400037 PRESENT DATE: FEBRUARY 14, 2024 APPROVAL DATE: FEBRUARY 28, 2024 VENDOR CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY, SUITE 100 FORT COLLINS CO 80528 J-2 CONTRACTING 105 CORONADO CT, UNIT A-101 FORT COLLINS CO 80525 C & H AGGREGATE LLC PO BOX 211 AULT CO 80610 PUBLIC WORKS DEPARTMENT WILL REVIEW THE BIDS. z/(4-1 WELD COUNTY PURCHASING 1301 N 17TH Avenue, Greeley CO 80631 E -Mail: reverett(a)weldgov.com E -Mail: cgiesert(a,weldgov.com E -Mail: ttaylorl weldgov.com Phone: (970),400-4222, 4223 or 4454 QTY — UP TO 57,500 TONS PRICE PER UNIT- 1 1/2 $12.35/ton = $710,125.00 (Pit location — Carr Pit - 8821 CR 126 Carr, CO) $16.75/ton = $963,125.00 (Pit location — 1507 East 8th Street, Greeley CO) $17.90/ton = $1,029,250.00 (Pit location — 46355 CR 39 Nunn CO) QTY — UP TO 57,500 TONS PRICE PER UNIT -1 - option $12.35/ton = $710,125.00 (Pit location — Carr Pit - 8821 CR 126 Carr, CO) $16.75/ton = $963,125.00 (Pit location —1507 East 8th Street, Greeley CO ) $18.20/ton = $1,046,500.00 (Pit location — 46355 CR 39 Nunn CO ) 2024-0383 CCW0Z Hello