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Home My WebLink About20240905.tiffCon-ivac+-ID4gZ2c!- BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Class 6 Aggregate Base Course Supply DEPARTMENT: Public Works PERSON REQUESTING: Ron Graves, Supervisor, Road & Bridge Construction DATE: February 22, 2025 Brief description of the problem/issue: The agreement for the Class 6 Contract can be extended from May 9, 2025, to May 8, 2026. This is the second year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the current Engineering News Record Construction Cost Index (ENR) price for Crushed Stone, Base Course. Holcim-WCR, Inc. has requested an increase of 4.16% which falls within the allowable ENR increase. The 2025 bid sdiedule is attached to this Pass -Around. Holcim-WCR, Inc. was awarded the contract in 2024 as the low bidder and the department has been satisfied with their product. What options exist for the Board? Approve or deny the contract renewal/extension. Consequences: Approval allows Public Works to have Class 6 Supply available to begin road construction. Impacts: Denial would require this contract to be rebid and could delay 2025 construction. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The 2025 budget for Purchased Class 6 is $528,000.00. The Division is working with Finance to increase this amount to $723,000.00 from existing approved funding in the Road and Bridge 2025 budget to replenish stockpiles for road construction projects and will stay within total budget. Recommendation: Public Works recommends approval of the contract renewal for Holcim-WCR, Inc. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross ConVnl-rrprio-- 3/N/25 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: t tt`' ccOrtic (PLO 3/Z4/ZS 2024-V105 EiOnZ CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND HOLCIM-WCR, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into Zc1th day of MO C 2025, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Holcim-WCR Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2024-0905, approved on 22 May 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 21 May 2025. . The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin 22 May 2025, and will end on May 21, 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 $723,000.00 for term. . 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: Holcim Nic Hartman Sales Manager Printed Nam 9Yw, Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L. B ck, Chair MAR 2 4 2025 ATTEST: dint/0 0't1 Weld C unty CI rk to eBoard BY. N Deputy Clerk to the Boa 20Zt vO tOS 2025 BID SCHEDULE North Weld County — North of State Highway 14 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 CABClass 6 Up to 30,000 TON $12.50 $375,000 Scout Island 1620 Holly Ave Greeley CO 80631 Central Weld County — South of State Highway 14 & North of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 CABClass 6 Up to 30,000 TON $12.50 $375,000 Scout Island 1620 Holly Ave Greeley CO 80631 South Weld County — South of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 0 TON N/A 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 SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications. FIRM NAME: Holcim-WCR, Inc. BUSINESS ADDRESS: 1687 COLE BLVD #300 CITY, STATE, ZIP CODE: GOLDEN CO 80401 TELEPHONE NO: (303)888-2566 EMAIL: Mike.grega@holcim.com TAXPAYER ID# 84-0404340 BY: Mike Grega, TITLE: Sales Representative -Aggregates DATE: 2/18/2025 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Bond No. 30235429 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Holcim-WCR, Inc. Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and Western Surety Company as Surety, (hereinafter called Surety), as are held and firmly bound unto Weld County Public Works P.O. Box 758, Greeley, CO. 80632 as Obliged, (hereinafter called the Buyer), in the just and full sum of $723,000.00 for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated March 11, 2025 to furnish the following briefly described supplies: Class 6 Aggregate which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this 20th day of March , 2025 Holcim - WCR, Inc. (Principal) (Seal) By: (Title) (Witness) Western Surety Company (Surety) (Seal) /I (� By: Lisa A. Ward, Attorney -In -Fact (Witness) Vaness - • o mguez estern Surety Company POWER OF AT ORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By 'These Presents, That WE TERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls. and State -South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Terri 1(, Morrison, Gina A Rodriguez, Andrea M Penaloza, Donna L Williams, Vanessa Dominguez, Misty Wright, Amanda George, Individually of Houston. TX, its true and lawful .Attomey(s)-in-Pict with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to hind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized otTicer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given. are hereby ratified and confimted. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted. as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of February. 202-3. WESTERN SURETY COMPANY CI Larry Kasten, Vice President State of South Dakota County ofMinnehaha On this 5th day of February, 202-1. before me personally came Larry Kasten. to me known, who. being by me duly sworn. did depose and say: that he resides in the City of Sioux Falls. State of South Dakota, that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of sad corporation; that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to he the act and deed of said corporation. p My commission ex fires i M. BENT + utnartr =gal ; March 2, 21126 '�.�y�JSOUTH DAKOTAao M. Bent, Notary Public CERTIFICATE I. Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and turther certify that the By -Law and Resolutions of the corporation printed below this certificate are still in torte. In testimom whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20th day of March, 2025. WESTERN SURETY COMPANY ck,AP. Kcrecouati Paula Kolsrud. Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY 'This Power of Attorney is made and executed pursuant to and by authority of the tollowing By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies. undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President. any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in f=actor agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary ter the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten. Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 271h day of April. 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Co to www.cnasuretv.coma Owner / Obligee Services a Validate Bond Coverage, if you want to verify bond authenticity. Form F4280-6-2023 CERTIFICATE OF LIABILITY INSURANCE I DATE(M/YYYY) 03/13/2M/DD025 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 AOn Risk Services Southwest, Inc. Houston TX Office 1300 Post Oak Blvd., suite 1400 Houston TX 77056 USA NAONTACT PHOMNEEE FAX (A/C.Ne.Eat, (866) 283-7122 I [M.N.., (800) 363-0105 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIL # INSURED Holcim - WCR, Inc. Elni Ann Arbor Road Dundee MI 48131 USA INSURERA: Indemnity Insurance Co of North America 43575 INSURERS: ACE Fire Underwriters Insurance Co. 20702 INSURER C: ACE American Insurance Company P Y 22667 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570111357147 REVISION NUMBER: THIS IS TI CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ....hewn areas requested INSRR TYPE OF INSURANCE TSO SW VD POLICY NUMBER POLICY EFF (MMA1Dn'YYY) POLICY EXP (M D/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY HDOG4893867A 10/01/2024 10/01/2025 EACH OCCURRENCE $1,000,000 I CLAIMS -MADE ❑X OCCUR 111 DAMAGETORENTED PREMISES (Ea oxurrence) $1,000,000 MED EXP (Any one person) $ 5 , 000 PERSONAL 8, ADV INJURY $1,000,000 GGENENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 PROT POLICY ❑ ❑. LOC JEC PRODUCTS - COMP/OP AGG $1,000,000 OTHER: AUTOMOBILE LIABILITY ISA H11364421 Auto - (AO5) 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT a amident) $1, 000, 000 X ANY AUTO ISA H11364470 10/01/2024 10/01/2025 BODILY INJURY( Per Person) OWNED -SCHEDULED AUTOS AUtO - H) - $5OK CSL (N BODILY INJURY (Peraaitlent) AUTOS ONLY HIRED AUTOS ONLY NON-OWNED AUTOS ONLY PROPERTY DAMAGE (Per accitlerrt) UMBRELLA LUIS OCCUR EACH OCCURRENCE EXCESS LUIS CLAIMS -MADE AGGREGATE DED I !RETENTION WORXERSCOMPENS 1CINAND EMPLOYERS' LIABILm WLRC72608185 10/01/2024 10/01/2025 X I PERSTATUTE I IERrH- 1 ANYPROPRIETOR/PARTNER/E-c"E YIN OFFICER/MEMBER E%CLDDEOi I N N/A WC — AOS SCFC72608227 10/01/2024 10/01/2025 E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) WC - Retro (WI) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space le required) CERTIFICATE HOLDER CANCELLATION weld County Government Department of Public works Road & Bridge Construction 1111 le Str8eet Greey Co0632 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROWSX)NS. AUTHORIZED REPRESENTATNE 3'4 ,92 c c./it ur. Y.,,,, �as�e ✓isa ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Holder Identifier : W RI ntr ct F Entity Information Entity Name * HOLCIM - WCR INC Entity ID* @00000518 Contract Name" CLASS 6 AGGREGATE ROAD BASE SUPPLY Contract Status CTB REVIEW Q New Entity? Contract ID 9224 Contract Lead * RGRAVES Contract Lead Email rgraves@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* SUPPLY UP TO 60,000 TONS CL -6 ROAD BASE FOR 2025 ROAD CONSTRUCTION PROJECTS AND STOCKPILES. Contract Description 2 Contract Type* AGREEMENT Amount* $723,000.00 Renewable YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 03/20/2025 03/24/2025 Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov 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 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 01/15/2026 Renewal Date* 05/08/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/17/2025 03/18/2025 03/18/2025 Final Approval BOCC Approved Tyler Ref # AG 032425 BOCC Signed Date Originator RGRAVES BOCC Agenda Date 03/24/2025 Cbnivac& tD 810-1 CoMen�da- 5/ZZ%Z4 WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & HOLCIM ROAD BASE SUPPLY - CLASS 6 THIS AGREEMENT is made and entered into this 224ay of MAY, 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 Holcim, a corporation, who whose address is 1687 Cole Boulevard, Suite 300 Golden, CO. 80401, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor Road Base Supply — Class 6 as described in Exhibit A and B, and 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 Exhibit A and B, of which forms an integral part of this Agreement. Exhibit A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit 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. B2400074. The RFB 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 A 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 Exhibit A. 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 for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment,shall be deli ed to thq location(s) specified herein. ce-: 00(61-- 6-0iO2 -ate cc.: On(se, PtA, Pc)R OCortOIa1i zoze4-09t5 Ecoo�z 3. Term. 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 Exhibit A 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) clays preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 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. 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, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. 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 partially 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. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and fmishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. 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. 8. 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 $528,000.00 which is the bid set forth in Exhibit A. 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 the bid amount set forth in Exhibit A. 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) 9. 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 employee 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 A provide proof thereof when requested to do so by County. 10. 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 toward County. 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. 11. 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. 12. 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. 13. 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. Service Calls in the First One Year Period: The Contractor 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. 14. 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. 15. Public Contracts for Services 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 performing work under this Agreement 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 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. Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that 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 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 law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, 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 contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 16. 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 all 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 staring thatthe Court), will be notified ofany reduction, loss, or modification to coverage. Suchnotice 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 (10) 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. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. Non -Assignment. Contractor may not assign or 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. 18. 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. 19. 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. 20. 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: Holcim Attn.: Sales Representative Mike Grega Address: 1687 Cole Blvd., Suite 300 Golden, CO. 80401 Address: E-mail: Mike.grega@holcim.com Phone:303-888-2566 County: Name: Ronald E. Graves Position: Weld County Road and Bridge Construction Supervisor Address: 1111 H St. Greeley, CO 80632-0758 Address: P.O. Box 758 Greeley, CO 80632-0758 E-mail: rgraves@weldgov.com Phone: 970-400-3787 21. 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. 22. 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. 23. 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. 24. 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. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 32. Attorneys 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. 33. 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. 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 B, 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 '11.O1 day of i.y , 2024. CONTRACTOR: Date s " l Z y Name: c... /4,7' Title: SL, It c. — WELD COUNT Y: ATTEST: Jdt0 ,i Weld C • Clerk to the Bo BY: BOARD OF COUNTY COMMISSIONERS WELD CQ[UNT i, COLOORAD( `1v i "^ Deputy C Boar Kevin D. Ross, Chair � t � e �/.'�,.' M / MAY 2 2 2024 EXHIBIT BID REQUEST NO. B2400074 In A a WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: CLASS 6 AGGREGATE BASE COURSE SUPPLY (With Renewal Options for 2025/2026) March 2024 Weld County Public Works Division of Road and Bridge P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS Page # Notice to Bidders / Invitation to Bid 3 Instructions to Bidders 4 General Provisions and Information 5-9 Specification and Scope of Work 10-11 Schedules 12 Contacts 12 Terms and Conditions 12 Project Special Provisions and Revisions 13-14 Testing Frequency Table 14 Table 7-2 Target Ranges, Gradation, Liquid Limit, Plastic Index, and LA Abrasion Requirements 15 Bid Schedule 16 Signature Page 17 Supply Bond Form 18 Notice of Award 19 B2400074 2 REQUEST FOR BID WELD COUNTY, COLORADO 1301 N 17TH AVENUE GREELEY, CO 80631 DATE: MARCH 27, 2024 BID NUMBER: #B2400074 DESCRIPTION: CLASS 6 AGGREGATE BASE COURSE SUPPLY (NORTH, SOUTH & CENTRAL WELD COUNTY) DEPARTMENT: Public Works BID OPENING DATE: APRIL 10, 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: Class 6 Aggregate Base Course (ABC) Supply Bids will be received until: APRIL 10th, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on APRIL 10T", 2024 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 Conference ID: 517227919 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. B2400074 3 Did Delivery to Weld County: A. PREFERRED: email bids to bidsweld.gov 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. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 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 is received. Please call Purchasing at 970-400-4223 or 4222 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 o ut 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, e ntitled, "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 u nderstood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. B2400074 4 4. GENERAL PROVISIONS C. 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. D. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. E. 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. F. 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. G. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. H. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. I. 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 B2400074 5 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 J 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 K 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 L 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 M 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 N 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 O 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 P 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 Q 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 professions 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 B2400074 6 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. R. 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. S. 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. T. 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. U. 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. V. 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. W. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. X. 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. Y. 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 B2400074 7 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. Z. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 5. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, B2400074 8 employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence. $2,000,000 general aggregate. $2,000,000 products and completed operations aggregate. $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. B2400074 9 SPECIFICATIONS AND/OR SCOPE OF WORK: Purpose: Weld County has various projects across the county. The intent of this bid request is to establish three (3) sources of Class 6 Aggregate Base Course (ABC) at locations that are geographically favorable to the County for upcoming projects. The bid, in general consists of crushing, stockpiling, and loading of quantities up to 44,000 tons of CDOT Class 6 Aggregate Base Course material for the road construction projects within Weld County. All pricing should include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all road base will be by Weld County personnel. A supply bond will be required for each award (for the awarded amount). Weld County Revisions of the Standard Specifications, the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and the most recent CDOT field Materials Manual are used to administer the guidelines and regulations of this project. GENERAL CONDITIONS AND SCOPE: 1. Aggregate Base Course shall meet specifications described on pages 13-15 of this document. Weld County will not supply any material for this project. 2. The contractor will follow all rules and regulation stipulated in the permit for the site. 3. The initial contract term is April 2024 or upon signed contract through April 2025. 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. Evidence of 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: • Detailed daily haul including Ticket #, Net Weight, Quantity, Truck # and Location. • Monthly total summary sheet of material hauled. • All PC testing results and summaries shall be submitted for monthly haul totals. • All tickets will need to be reconciled and accounted for, or no payment on missing quantities will be made on the monthly pay application. • 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) 82400074 10 ♦ 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. 11. Weld County will select the bidder or bidders based on the lowest cost to the County, considering job - site location 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 Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 14. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractor's facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. B2400074 11 SCHEDULE: Advertisement: Proposals Due to Purchasing: Proposals Presented to BOCC: Bid Award: Contract Execution TERMS AND CONDITIONS: March 27, 2024 April 10, 2024 April 15, 2024. April 29, 2024 May 13, 2024 This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each contract year. 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 material contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. WELD COUNTY CONTACTS: Questions related to the project and procedures should be directed to: Ron Graves — Road and Bridge Construction Supervisor Weld County Public Works (970) 400-3787 rciraveslEiweld.gov Ryan Axtman — Construction Inspection Supervisor Weld County Public Works (970) 400-3743 raxtman@weld.gov Duane R. Naibauer — Deputy Director Weld County Public Works (970) 400-3786 dnaibauer@weld.gov *Cc, Carbon Copy, the Weld County Purchasing Department on all communications. At bids(c�weldgov.com 82400074 12 Revisions to Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2023: REVISION OF SECTIONS 105 and106 CONTROL OF WORK AND CONTROL OF MATERIAL Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3(3) shall be revised to include the following: 2,000 tons of material delivered will be considered a lot. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised to include: 1) Contractor shall provide a submittal and test reports, no older than one-year, prior to any material being loaded out of a stockpile. The information shall include the information outlined in Revised sections 106.08, 703.03 and Table 7-2. 2) Process Control, PC sampling and testing is required and shall be done in accordance with Table 1-A. PC laboratory results shall be submitted via email as a PDF file with pertinent information, such as lot number, date, location of sample, tester's name, and results of gradation and Atterberg testing. PC shall follow CP 30 / 4.3.5 when sampling from an (unprocessed) windrow on grade or from a stockpile in accordance with CP 30 / 4.3.3.2 and section 4.4.2. 3) Weld County reserves the right to select random samples from the stockpile or windrow at any time. OA acceptance testing will be sampled from an (unprocessed) windrow on grade in accordance with Colorado Procedure, CP 30 / 4.3.5 or from a stockpile in accordance with CP 30 / 4.3.3.2 and section 4.4.2. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for prices reduction based on section 105.03. 4) OA testing is used for acceptance by the County regardless of the PC testing results. Failing Owner Acceptance tests shall result in the removal and replacement of the elements to specifications. The Engineer, at their sole option, may choose to use PC testing results in the event of a discrepancy. 5) Point of Sampling — the materials for PC testing shall be sampled by the Contractor using the appropriate Colorado Procedures outlined in the CDOT Field Materials Manual. 6) Testing Standards - Acceptable standards are Colorado Procedures, AASHTO, and ASTM. The order of precedence is Colorado Procedures, then AASHTO procedures, and then ASTM procedures. Deviations from the applicable procedures shall not occur unless approved by the Engineer in writing. 32400074 13 Frequency Sampling and Testing Schedule Type of Test QA Sampling and testing QC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO 127 and CP 31-19 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 AASHTO T190 CP-L 3101 REVISION OF SECTION 106 STORAGE OF MATERIALS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised as follows: Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. REVISION OF SECTION 703 AGGREGATE Aggregate Base Course. Section 703.03 shall include the following: Class 6 Aggregate Base Course will consist virgin aggregate blends of hard durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming to Table 7-2 and the statement below. Uncrushed natural stone, recycled concrete, recycled asphalt, or materials containing asbestos or contaminates will not be accepted. • Los Angeles abrasion, AASHTO T96 • R -value AASHTO T190 • Mechanically Fractured faces, one or more, ASTM D 5821 Crushed material not screened, to attain the fracture faces. • Free from organic matter and lumps or balls of clay • Liquid Limit, AASHTO T 89 • Plasticity index AASHTO T 90 • Dust ratio: % passing #200 % passing #40 50% max. R=69 min. 45% min. 20 max. 6 max. 2/3 max. B2400074 14 ♦ Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-8 Table 7-2 Target Value Ranges for Class 6 Aggregate Base Course Gradation and Plasticity Index Sieve Designation Mass Percent Passing Square Mesh Sieves LL ≤ 35 LL 4 20 Gravel Surfacing LL ≤ 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 ',4 100 50.00 2 95-100 100 37.50 1 '/z 90-100 100 100 25.40 1 95-100 100 100 90-100 19.00 3/4 50-90 95-100 12.5 1/2 55-80 4.76 No. 4 30-65 45-65 2.38 No. 8 25-55 20-85 33-53 0.42 No. 40 15-35 0.07 200 00 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 6 max 6 max 6 max 6 max 6-16 LA wear test (T96) 0 0 0 0 50 max 50 max 0 40 max *Gradation, Liquid Limit, Plastic Index, and LA Abrasion requirements for Class 6 Aggregate Road Base for this contract. 82400074 15 2024 BID SCHEDULE North Weld County - North of State Highway 14 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 24,000 TON Central Weld County — South of State Highway 14 & North of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 20,000 TON South Weld County — South of State Highway 34 ITEM ## ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 0 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. B2400074 16 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 APRIL 101H, 2024: 1) Pages 16 thru 19 of the Bid Specifications. 2) W9, if applicable. * 3) Anti -Collusion Affidavit. 4) Any future Addenda must be completed. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. 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. #B2400074. 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 accompany ng 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. Holcim FIRM BUSINESS 1687 Cole Blvd, Suite 300 ADDRESS CITY,STATE, Golden, CO 80401 C , ZIP CODE TELEPHONE NO 303-888-2566 FAX TAX ID # PRINTED NAME AND TITLE Mike Grega 84-0404340 Sales Representative - Aggregate Division SIGNATURE et`A'bQ E-MAIL Mike.gregaholcim.com DATE 4/12/2024 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 - 15. B2400074 17 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, 77v(G,.. \jkic l as Principal, (hereinafter called the Supplier), (Here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (Here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obliged, (hereinafter called the Buyer), in the just and full sum of (Here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: A -e; /, s which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this / day of/P1_. 20' ' CrJ's ��Pe�✓,�" (Principal) (Seal) (Title) GiA4-4171-ge (Witness) L 7M �� KAREN ROMERO NOTARY PUBLIC (Surety) STATE OF COLORADO NOTARY ID 20174016896 MY COMMISSION EXPIRES APRIL 18, 2025 (Seal) B2400074 18 NOTICE OF AWARD Class 6 Road Base Supply To: IA ori c on r 16 8 7 Cr° iS I evidi 6c/a *300 (-27-4d colt co ee Project Description: The project, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the re -graveling of roads within the north, south and central areas of Weld County. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ A a 13,a °A• c o or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. .th Dated this Aq , day of a 2024. Weld County, Colorado, Owner By •-k N cdtpaurok--- Duane R. Naibauer, Deputy Director ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ��h ; n•i {Contractorl Dated this 3 U14' day of Me\ y , 2024. t. By: `�_4( G" f- ��-t "c. /IL_ L' T i'✓1 Gt /l Tine: 3 01-ei ;��foki/,u7 t; (Title Attach valid Corporate Power of Attorney Form B2400074 19 O?Q e/, b96i EXHIBIT ADDENDUM#1 BID REQUEST NO. B2400074 CLASS 6 AGGREGATE BASE SUPPLY POSTED - 4/9/2024 Questions & Answers: b S g 1. The bid submission requires an Anti -Collusion Affidavit. I don't see one in the bid packet. Is there a standard form to fill out? Thanks for catching this, we will get one put out. 2. I haven't seen an addendum. Am I correct in assuming there are no addenda? No addenda at this time, but the Anti -Collusion form should create one. 3. Do we complete the Supply Bond when/if awarded the contract? Yes, the Supply Bond will be required upon award. Change: See Answers in RED and see attached Anti=Collusion Affidavit. Reads: Bids will be received until: APRIL 10th, 2024 at 10:00 PM 'Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on APRIL 10TH. 2024 at 10:30 AM. Change to: Bids will be received until: APRIL 15th, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on APRIL 15TH, 2024 at 10:30 AM. ***A slimed copy must be submitted with 1 our bid. Thank v 011!*** Addendum received by: /0( t rri April 9, 2024 FIRM ADDRESS o Cr CU CITY AND STATE BY / //An evi EMAIL /o/c, tek ; C Qravt ANTI -COLLUSION AFFIDAVIT PROJECT NO LocknoN I hereby attest that I am the person responsible within the final decision as to the price(s) and amount of this my firm for bid or, if not, that I have written authorization. enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3k No attempt has been made to solicit. cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-• competitive bid or other form complementary bid. of 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form complementary bid on this project. of 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or ind 1cement or solicitation by or from any firm or person to submit any Intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value lo any firm or person, whether In connection with this or any other project, In consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intent onally high, noncompetitive or other form of complementary bid. or agreeing or promising to do so, on this project 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that ne or she has not participated in any communication, consultation, discussion, agreement, collusion. or other conduct Inconsistent with any of the statements and representations made in this affidavit I. 8. I understand and my firm understands that any misstatement in this affidavit Is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Corti"actofl firm or company pre By 671' 7 766/---- Cirf/o(((fl\ !ilia 2nd contractors n,m or company name (11 1ofnt 'Wilhite.) By 4).11, - Tide • Sworn to before me this /0 let day of, &pu.-f, ;t?,2 Notary ' •'Uc /7 4CV ' knellt 'CC My commtasron exports f(J�/ NOTE: //// This document must be signed in Ink. KAREN ROMERO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174016896 MY COMMISSION EXPIRES APRIL 18, 2025 co F LIABILITY INSURANCE DATE(MM/DD/YYYY) 05!02/2024 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: H the certificate holder is an ADDITIONAL INSURED, the pollcyTes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 Aon Risk Services Southwest, Inc. CNnTICT P(gGNo.E><0: (866) 283-7122 I M.N..): (800) 363-0105 Houston Tx office 1300 Post Oak Blvd„ 51i0e 1400 Houston TX 77056 USA Inis. INSURER'S) AFFORDING COVERAGE MAIL* INSURED INSURER A: Indemnity Insurance Co of North America 43575 Holcim - WCR, Inc. INSURERS: ACE American Insurance Company 22667 611 Ann Arbor Road Dundee NI 48131 u5A INSURE.: ACE Fire Underwriters Insurance Co. 20702 INSURER o: INSURER E: INSURER F: • 4VYCRNVGa vr......�r.. — ....---... 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, Limits shown areas retie.. ryg(� ILTR TYPE OF INSURANCE /�D�� g�BR in WVD POLICY NUMBER POLICY EFF (rarrW1 ppL�C E)(p 1MIODD,M1 LIMITS X COMMERCIAL OENERALLIABILITY CLAIMS•MADE Xa OCCUR HDOG47360766 10/01/2023 10/01/2024 EACHOCCURRENOE 51,000,000' PREMISES (Ea occurrent.occurrent.51,000, 000 MED EXP(Any one yam., 55,000 PERSONAL B ADV INJURY 1, 000,000 p "^ GENERAL AGGREGATE 51,000,000 g GENt AGGREGATE LIMIT APPLIES PER: POLICY ❑ 72,7 ❑ LOC OTHER: PRODUCTS• COMPIOP AGG 11,000,000 G � D AUTOMOBILE X - ,_ LIABILITY ANY AUTO ALIT %NLY HIRED AUTDB �y -'SCHEDULED AUTOS ^ nrS'O ED � AUTOS ONLY ISA H10774214 Business Auto coverage (A ISA H10768986 Business Auto Coverage (N 10/01/2023 10/01/2023 10/01/2024 10/01/2024 (T rrEDSiNG.user (Ea rti $1,000,000 Boon, emu, P. per..) BODILY INJURY (P. accident) PROPERTY DAMAGE (P;::: ent) • UMBRELLA LOB EXCESS MB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE OED' 'RETENTION _ WORHERe COMPENSATION AND EruL°rEas Lwenm �Y-I-Ny reggPRIETOR/PARTNER' I N 1 E is NH) RIMEMBER 1 I E (Mandatary (MsedrierybNH) I--7 Hyyee desaiie sneer pEaCRIPTION OF OPERATIONS below NIA WLRC50739922 Workers Compensation - AO SCFC50740043 Workers Compensation - Re 10/01/2023 10/01/2023 10/01/2024�x 10/01/2024 I PER STATUTE I QTH- ER E EACH ACCEJENT $1,000,000 E OISEASEAA EMPLOYEE $1,000, 000 E DISEASE POLX:Y LIMIT $1,000,000 Ili DESCRIPTION OF OPERATION/II LOCATIONS/VEHICLES (ACORD 101 Adddbnsl RsmaNp 9cl,aduls, may be embed R more space la ,squired{ $, z E S Bi1y CANCELLATION --•••.r,-. eHOUTA ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PNATION DATE THEREOF, NOTICE WRL BE DELVERED i ACCORDANCE WITH THE POLN:Y PROV19iONS. weld County Government of Public works Road Department AUTHORED REPRESENTATIVE & Bridge Construction 1111 H Street Greeley Co 80632 USA 7, SZO i �Y-4. Y � �,- ACORD 25 (2018/03) fI'01958-2016 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks otACO ,.:- n t ract Form i Entity Information Entity Name* HOLCIM - WCR INC Entity ID* @00000518 Contract Name* CLASS 6 AGGREGATE ROAD BASE SUPPLY Contract Status CTB REVIEW Q New Entity? Contract ID 8107 Contract Lead RGRAVES Contract Lead Email rgraves@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * SUPPLY UP TO 44,000 TONS CL -6 ROAD BASE FOR 2024 ROAD CONSTRUCTION PROJECTS. Contract Description 2 Contract Type * AGREEMENT Amount* $ 528,000.00 Renewable YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 05/02/2024 05/06/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date 01/15/2025 Committed Delivery Date Renewal Date 05/15/2025 Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Purchasing Purchasing Approver Approval Process Department Head DUANE NAIBAUER DH Approved Date 05/14/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/22/2024 Purchasing Approved Date Finance Approver CHERYL PATTELLI Finance Approved Date 05/15/2024 Tyler Ref # AG 052224 Originator RG RAVES Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 05/15/2024 MEMORANDUM TO: Board of Commissioners DATE: April 16, 2024 FROM: Curtis Hall, Director of Public Works SUBJECT: 2024 Class 6 Aggregate Base Supply Bid, B2400074 The Public Works Department recommends the bid for Class 6 Aggregate Base Material for north and central Weld County be awarded to Holcim, the lowest bidder. The price per ton is $12.00 from their plant in Greeley for approximately 44,000 tons of material and is within budget. If you have any questions, please call me at extension 3721. M: mona:wordfiles/bids/mclass6roadbasesupply2024.docx 5/1 EC 00S2 DATE OF BID: APRIL 15, 2024 REQUEST FOR: CLASS 6 AGGREGATE BASE SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2400074 PRESENT DATE: APRIL 17, 2024 APPROVAL DATE: MAY 1, 2024 VENDORS HOLCIM 1687 COLE BLVD, SUITE 300 GOLDEN CO 80401 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY, STE 100 FORT COLLINS CO 80528 W.W. CLYDE & CO. 801 8TH STREET, STE. 130 GREELEY CO 80631 C & H AGGREGATE LLC PO BOX 211 AULT CO 80610 PUBLIC WORKS WILL REVIEW THE BIDS. NORTH WELD COUNTY NORTH OF STATE HWY 14 PRICE PER TON CONTRACT PRICE (QTY UP TO: 24,000) WELD COUNTY PURCHASING 1301 N 17TH Avenue Greeley CO 80631 E-mail: reverett(S weldgov.com E-mail: cgeisert(S weldgov.com E-mail : ttaylor a,weldgov.com Phone: (970) 400-4222,4223 or 4454 CENTRAL WELD COUNTY SOUTH OF STATE HWY 14 & NORTH OF STATE HWY 34 PRICE PER TON CONTRACT PRICE (QTY: UP TO: 20,000) $12.00/ton - $288,000.00 $12.00/ton - $240,000.00 PIT LOCATION: SCOUT ISLAND, 1620 HOLLY AVE, GREELEY CO $12.35/ton - $296,400.00 $12.35/ton - $247,000.00 PIT LOCATION: LAZY TWO PIT, 58994 CR 21, CARR CO $15.70/ton - $376,800.00 $15.70/ton - $314,000.00 PIT LOCATION: DERR PIT, GREELEY CO $18.25/ton - $456,250.00 PIT LOCATION: 46355 WCR RD 39, NUNN CO 2024-0905 Li/I -1 6C-1 OU'aZ Hello