The URL can be used to link to this page

Browse Search

Home My WebLink About20250517.tiff Conk-Ica C+lba I OZ5-1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CONNELL RESOURCES INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 2(Day of January, 2026, 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 Connell Resources Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement(the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No.2025-0517, approved on March 24, 2026. 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 March 23, 2026. • The parties agree to extend the Original Agreement for an additional one-year period, which will begin March 24, 2026, and will end on March 23, 2027. • 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 $1,982,500.00 2. Updated bid schedule to reflect rate increase is attached. • 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. CONTRACT• =• CONNELL RESOURCES, INC. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO John M arren. P esident Printed Name �Signa . e Scott K. James, Chair .�-.11 2 c 2026 g kca ATTEST: V,....drAtiort Weld County Clerk to the Boartl.,�i � BY: Deputy Clerk to the Board F ` / / ✓ . C : OhbasPCPLO) 2025-0511 1/z to/Z U EG �0�3 �onnen nesources,me Qc a N N E L 7785 Highland Meadows Pkwy,Suite IW•Fort Collins,CO B0528.970 223 3151 Phone•eonnellresources.com Building Northern Colorado's Infrastructure Since 1946 BID SCHEDULE 2026 Surface Gravel Supply Gravel Spec from Table 7-2 with 1" ITEM ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 160,000 TON $ 13.00 $ 2,080,000.00 TON TON Gravel Spec from Second Table 7-2 with 1'/:" ITEM ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel Up to 90,000 TON $ 12.45 $ 1,120,500.00 TON TON Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. Contract Form Entity Information Entity Name* Entity ID* New Entity?Please use the job CONNELL RESOURCES, INC SUP-4953 aid linked here to add a 0 supplier in Workday. Contract Name* Contract ID Parent Contract ID 2026 NORTH GRAVEL SUPPLY 10254 20250517 Contract Status Contract Lead* Requires Board Approval CTB REVIEW NGIBSON YES Contract Lead Email Department Project# ngibson@weld.gov Contract Description* NORTH AND CENTRAL GRAVEL SUPPLY CONTRACT Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date RENEWAL PUBLIC WORKS Date* 01 /22/2026 01 /26/2026 Amount* Department Email $1,982,500.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* YES Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included? Automatic Renewal DeptHead@weld.gov Grant County Attorney IGA BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 12/01 /2026 03/23/2027 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 01 /20/2026 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 01 /20/2026 01 /20/2026 01 /20/2026 Final Approval BOCC Approved Tyler Ref# AG 012626 BOCC Signed Date Originator BOCC Agenda Date NGIBSON 01 /26/2026 COnflta a 11)6920S SUPPLY AGREEMENT BETWEEN WELD COUNTY AND CONNELL RESOURCES , INC . THIS AGREEMENT is made and entered into this 21-04-aay of N4atiCh , 2025 , by and between the Board of Weld County Commissioners , on behalf of Gravel Road Mgmt . Public Works , hereinafter referred to as " County , " and Connell Resources , Inc . , hereinafter referred to as " Contractor " . WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits ; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement . 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 the attached Exhibits , each of which forms an integral part of this Agreement and are incorporated herein . The parties each acknowledge and agree that this Agreement , including the attached Exhibits , define the performance obligations of Contractor and Contractor ' s willingness and ability to meet those requirements ( the " Work " ) . If a conflict occurs between this Agreement and any Exhibit or other attached document , the terms of this Agreement shall control , and the remaining order of precedence shall be based upon order of attachment . Exhibit A consists of County ' s Request for Bid ( RFB ) as set forth in Bid Package No . B2500027 . Exhibit B consists of Contractor ' s Response to County ' s Request . 2 . Service or Work . Contractor agrees to procure the materials , equipment and / or products necessary for the Work and agrees to diligently provide all services , labor , personnel , and materials necessary to perform and complete the Work described in the attached Exhibits . Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work 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 delivered to the location ( s ) specified herein . 3 . Term . The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later . 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 . This Agreement may be extended upon mutual written agreement of the Parties . Lon w + Ptcfr4siL cc ; U le, Igi. Se ( Rb) Zbne- D5i1 3 / 2c4 / 25 3iicv/ Za Fe) 00S 3 4. Termination;Breach;Cure County may terminate this Agreement for its own convenience upon thirty(30)days written notice to Contractor Due to the time needed for County to procure replacement services,Contractor may terminate this Agreement for its own convenience upon ninety(90)days written notice to County Either Party may immediately terminate this Agreement upon material breach of the other party,however the breaching party shallshave fifteen(15)days after receiving notice to cure such breach 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 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 completed or partially completed Work 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 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 Amendment. 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 6. ' Compensation;Invoicing.Upon Contractor's delivery of materials to County at the location described in the Exhibits,and County's acceptance of the same,County agrees to pay Contractor as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County 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 service 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 1 2 Amendment(Colorado Constitution,Article X,Sec 20) Unless otherwise provided in the Exhibits,Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty(30)days of acceptance of such materials by County,and County shall remit payment to Contractor for all undisputed funds within thirty(30)days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers,agents or employees will not become employees or agents of County,nor entitled to any employee benefits(including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract 9. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work 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 Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each subcontractor,as approved by County and to the extent of the Work 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 9. Warranty.Contractor warrants that the Work performed under this-Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens,encumbrances,and security interests In addition to the foregoing,all work performed pursuant to this Agreement is subject to a minimum one-year warranty period,unless a greater time is stated in the Exhibits,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 The Contractor warrants that the 3 materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended,they are merchantable,of good quality,and free from defects,whether patent or latent,in material or workmanship,and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time,service trucks,and any other costs accrued in the servicing(including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one(1)year period after said materials are first supplied to Weld County I 10. Acceptance of Services Not a Waiver.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 exists 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 for 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 Work 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 11. Insurance. Contractor must secure,before the commencement of the Work,the following insurance covering all operations,goods,and services provided pursuant to this Agreement,and 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 For all coverages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an"A M Best"rating of not less than A-VII The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance. Workers'Compensation and Employer's Liability Insurance as required by state statute,covering all of the Contractor's employees acting within the course and scope of their employment The 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 4 Minimum Limits Coverage A(Workers'Compensation) Statutory Coverage B(Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage,covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County,its elected officials, trustees,employees,agents,and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by,or on behalf of the Contractor" Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned,hired,and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage(Each Accident) $ 1,000,000 12 Proof of Insurance.All insurers must be licensed or approved to do business within the State of Colorado,and unless otherwise specified,all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages,before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance(ACCORD)form or equivalent approved by the County as required by this Contract ,The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County,its elected officials,trustees,employees,agents,and volunteers as "Additional Insureds"for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured,the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract 5 Upon request by the County,Contractor must provide a certified copy of the actual insurance policy and/or required endorsements,for examination,effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project,and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s)shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete,certified copies of all insurance policies for examination required by this Agreement at any time Any modification or vanation from the insurance requirements in this Agreement shall be made by the County Attorney's Office,whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements.The County requires that all policies of insurance be written on a primary basis,non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense,the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for —up to three(3)years after completion of the project TContractors Professional Liability (Errors and Omissions)policy must be kept in effect for up to three(3)years after completion of the project I Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured,the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation,non-renewal,suspension, voided,or material changes to policies required under this Agreement,except when cancellation is for non-payment of premium,then ten(10)days prior notice may be given 6 On all other policies,it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits,cancelled or non-renewed However, in those situations where the insurance carrier refuses to provide notice to County,the Contractor shall notify County of any cancellation,or reduction in coverage or limits of any insurance within seven(7)days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work,or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 15. No limitation of Liability.The insurance coverages 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 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 16. Mutual Cooperation The County and Contractor shall cooperate with each-other in the collection of any insurance proceeds which may be payable in the event of any loss,including the execution and delivery of any proof of loss or other actions required to effect recovery 17. Indemnity.The Contractor shall defend,indemnify,hold harmless and,not excluding the County's right to participate,defend the County,its officers,officials,agents,and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys'fees and costs(hereinafter referred to collectively as"claims")for bodily injury or personal injury including death,or loss or damage to tangible or intangible property caused,or alleged to be caused,in whole or in part,by the negligent or willful acts or omissions of Contractor or any of its owners,officers,directors,agents,employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers'Compensation law or arising out of the failure of such contractor to conform to any federal,state,or local law, statute,ordinance,rule,regulation,or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County,be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation,defense,and judgment costs where this indemnification is applicable In consideration for the award of this contract,the Contractor agrees to waive all rights of subrogation against the County,its officers,officials agents,and employees for losses arising from the work performed by the Contractor for the County 18. 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 19. Examination of Records.To the extent required by law,the Contractor agrees that a 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 Contractor agrees to maintain these documents for three years from the date of the last payment received 20. 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 21. Notices. County may designate 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 as identified below 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 addressI set forth below,where a receipt or acknowledgment is required and received by the sending party,or 8 Either party may change its notice address(es)by written notice to the other Notice may be sent to TO CONTRACTOR Name John M Warren Position President Address 7785 Highland Meadows Pkwv Suite 100,Fort Collins,CO 80528 E-mail Jwarren0,connellresources coin Phone (970)223-3151 TO COUNTY Name Mike Livengood Position Gravel Road Mgmt,Supervisor Address 1111 H Street,Greeley,CO 80631 E-mail mlivengoodCcjweld goy Phone (970)400-3757 22. 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 23. 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 24. 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 25. 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 26 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 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement 9 (including,without limitation,the warranties,indemnification obligations,confidentiality and record keeping requirements)shall survive any such expiration or termination 28. 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 29. Non-Waiver.No term or condition of this Agreement 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 30. 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 31 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 32. 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 33. No Employment of Unauthorized Aliens.Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement(see 8 U S C A I§1324a and(h)(3))nor enter into a contract=with a subcontractor that employs or contracts with-an unauthorized alien to perform work under this Agreement Upon request,contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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 io 34 . Attorney ' s Fees / Legal Costs . In the event of a dispute between County and Contractor concerning this Agreement , the parties agree that each party shall be responsible for the payment of attorney fees and / or legal costs incurred by or on its own behalf . 35 . 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 , 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 . CONTRACTOR : Nance : John M warren Date of Signature : March 19 2025 Title : President WELD COUNTY : C. / , 4 • p • . • n+ . ` A• 1 . C 3 V ' s ATTEST . . . • - 'kf t��++•�� BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY , COLORADO Weld County Clerk to the Board BY : rap aicr, 6 . - yr e ut Clerk to the Bo , , rd r L / • uck Chair p Y �� ry , i ; i ; 16 • � itetice* MAR 2 4 2025 ; &NI A g • 'Ft g # v it / bi_51- 0511 EXHIBIT Nyt• :' t • cit Weld County Finance Department at 2 P1/4 . j . ,: 18 1 Purchasin Division 2 g 1301 North 17th Avenue SZ • Obt \go Greeley , Colorado 80601 iv ouNTY Supp I y ( Recurrng ) - Invitation for Bid FB ) Cover Sheet Bid Number : B2500027 Title : Weld County Purchased Surface Gravel Supply Advertisement Date : February 5 , 2025 Pre - Bid Meeting : February 11 , 2025 , at 9 : 00 AM Pre - Bid Location : Weld County Public Works located at 1111 H Street , Greeley , CO Operations Conference Room Q uestions Due : February 13 , 2025 , by 10 : 00 AM Q uestions Posted : February 18 , 2025 , by 5 : 00 PM Q uestions email : bids@weld . gov Bid Due Date : February 21 , 2025 , by 11 : 00 AM , Purchasing ' s Clock Bid Delivery : Preferred email to bids © weld . gov or option to hand delivery to 1301 North 17th Avenue , Greeley , CO 80631 For additional information : bids a© weld . gov Documents Included an this Bid Package IFB Schedules IFB Attachments S chedule A : Bid Instructions Attachment 1 — Specifications Revisions S chedule B : Scope of Work ( Aggregate ) S chedule C : Project Schedule Schedule D : Bid Form S chedule E : Insurance & Bonds Schedule F : Weld County Contract B2500027 1 Table of Contents Supply ( Recurring ) - Invitation for Bid ( IFB ) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose / Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 9 Schedule D — Bid Response Form 10 Bid Submittal Instructions 10 Fees 10 Attestation 11 Schedule E — Insurance 12 Insurance 12 Insurance Mailing Information 14 Schedule F - Weld County Contract 15 Contractual Obligations 15 Weld County Standard Contract 15 B2500027 2 Schedule A - Bid Instructions Purpose / Background The Board of County Commissioners of Weld County , Colorado , by and through its Purchasing Office ( collectively referred to herein as , " Weld County " ) , wishes to purchase the following : Weld County Purchased Surface Gravel Supply A Mandatory pre - bid conference will be held on February 11 , 2025 , at 9 : 00 AM at 1111 H Street , Greeley , CO 80631 . Bidders must participate and record their presence at the pre - bid conference to be eligible to submit bids . Bids will be received until : February 21 , 2025 , by 11 : 00 AM , ( Weld County Purchasing Time Clock ) . The submitted bids will be read over a Microsoft Teams Conference Cal on February 21 , 2025 , by 11 : 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 . Microsoft Teams By Phone Join the meeting now + 1 720 - 439 - 5261 „ 639091258 # Meeting I D : 256 463 695 348 United States , Denver Passcode : Ga75j7Xs Phone conference ID : 639 091 258 # Bid Advertisement 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 . BidNet Direct is an on - line notification system which is being utilized by multiple non - profit and governmental entities . Participating entities post their bids , quotes , proposals , addendums , and awards on this one centralized system . Bid Submission 1 . PREFERRED : email bids to bids@weld . 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 . 2 . PDF format is required . Emailed bids must include the following statement on the email : " I hereby waive my right to a sealed bid " . An email confirmation will be sent when your bid has been received . Please call Purchasing at 970 - 400 - 4222 or 4223 with any questions . Introductory Information 1 . Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division . Each bid must give the full business address of bidder and be signed by authorized B2500027 3 person. 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 Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. 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 Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager 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 Procurement Manager; 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. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. B2500027 4 Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms B2500027 5 8 The successful bidder(s) shall provide a Supply Bond to the County as arranged by the parties 9 Certified scales and scale master(s) are required to be provided at the pickup location 10 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 11 The Contractor shall supply a Detailed daily haul including Ticket #, Net Weight, Quantity, Truck # and Location b Monthly total summary sheet of material hauled c All PC testing results and summaries shall be submitted for monthly haul totals d All tickets will need to be reconciled and accounted for, or no payment on missing quantities will be made on the monthly pay application e All tickets must be legibly signed by a Weld County employee 12 The Contractor shall follow all Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) regulations 13 The contractor will follow all rules and regulation stipulated in the permit for the site 14 The Contractor is also required to provide a All permitting associated with the contracted equipment and labor b MSHA ID # (for crusher unit) c APCD (State Health and Environment Department) d Air Pollution Permit (for crusher unit) 15 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 16 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 17 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 B2500027 i 18 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 j 19 Materials' may be purchased from multiple biddersi 20 This one-year contract is renewable for up to two (2) additional years 21 Material cost adjustments will be considered at the! end of each calendar year that this contract represents Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply Cost increase must be consistent with regional trends Weld County will use the ENR Cost Index 22 The base price per ton may increase from one year to the next by no more than the percent increase for the year 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 i B2500027 8 the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to -give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County B2500027 13 County unless a Change Order authorizing such additional payment has been specifically approved by Weld County 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 service 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) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a Written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for,�its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract - 8. 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 the Work 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 Work during the performance of this Agreement and no personnel -to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work 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 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications Contractor warrants that it has title to the B2500027 - 17 materials supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, 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 The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, Whether patent or latent, in material or workmanship, and the materials sold to Weld County pulrsuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 10. Acceptance of Services Not a Waiver. 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 exists 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 Work 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 j 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and 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 For all coverages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" 'rating of not less than A-VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency j Required Types of IInsurance. Workers' Compensation and Empioyer's Liability insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The 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 Minimum Limits B2500027 18 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the'performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability_ purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract B2500027 19 { All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance j The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time j Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be!final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit! At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project I Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility tolgive the County 30 days' notice if policies are reduced in coverage or limits, cancelled or no However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County B2500027 j 20 15. � No limitation of Liability. The insurance coverages 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 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 16. Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 16. , ikon -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 19. Examination of Records. To the extent required by law, the Contractor agrees that a 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 Contractor agrees to maintain these documents for three years from the date of the last payment received 20. 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 21. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with B2500027 21 27. , Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28. 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 - 29. Non -Waiver. No term or condition of this Agreement 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 30. 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' 31. 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 32. 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 33. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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 34. Attorney°s Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on' its own behalf B2500027 23 i 35. 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, 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 CONTRACTOR By _ Name Title WELD COUNTY Date of Signature ATTEST BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY Deputy Clerk to the Board Perry L Buck, Chair B2500027 24 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 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 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 (unprocessedywindrow on grade or from a stockpile in accordance with CP 30 / 4 3 3 2 and section 4 4 2- 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 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 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 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 TABLE 1-A Verification testing (ASTM, Type of Test OA Sampling' PC Sampling AASHTO or Colorado and testing and Testing Procedures Gradation 1 per 2,000 1 per 1,000 AASHTO T27 CP31-13 tons tons and T11 *Atterberg 1 per 2,000 1 per 1,000 AASHTO T89 Jand Limits tons tons T90 LA Abrasion 1 per source 1 per source AASHTO T96 R-value 1 per source 1 per source 1 CP-I 3101 *Atterberg Limits results shall be based on the dry prep method, Method A, AASHTO R 58 — Dry Preparation of Disturbed Soils and Soil -Aggregate Samples for Test - I 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 incorporatioIn into the work Storage of material could be required for the length of the contract I - REVISION OF SECTION 703 AGGREGATE Surface Coarse Aggregate. Section 703 03 shall include the following Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming to the following Los Angeles abrasion, AASHTO T96 40% max Mechanically Fractured faces, one or more, ASTM D 5821 45% min Crushed material not screened, to attain the fracture faces Free from organic matter and lumps or balls of clay Liquid Limit, AASHTO T 89 30 max Dust ratio % passing #200 2/3 max % passing #40 Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Tables 7-2 Table 7-2 Target Value Ranges for Surface Coarse Gradation and Plasticity Index W' Soeclflca$lont Sieve `� ` ��ass Percent' Passlng Square Mesh Slaves _ DesignL-lation `, , '. LL < 35 LL < 20 Gravel Standar Iles Clas Clas Clas Clas Clas Clas Clas Surfacan g d M M b In s1 s2 s3_ s4 s5 s6 a LL530 15000 6 100 r_ a 10000 4 100 95- 100 - - - 6300 2 Y 100 50 00 2 1100 _ Y 100100 r '0 100 2540 1 �� 900 100 100 100 F' 1900 3/ 50-90 i LL ; 95- 100 125 1 /2 = - 60-85 476 No 4 - } 30-65 - 45-65 238 No 8 25-55 20-85 33-53 042 �� I 15-35 007 3-15 3-15 20 3-12 3-15 3-12 5-15 4-15 200 max Plasticity Index 0 0 0 0 10 0 0 6-16 LA wear test 50 50_ T96 0 0 0 0 max max 0 40 max Table 7-2 Target Value Ranges for ��nrFar_a C_nnma [Zrnrintinn and Pinefirifu Inelnv M 1/" Cnnrifinotinnl `Sieve_ r ` s 'Masi Percent,Passin uare Mesh Sieves, -' ; 9 S q Designation - LL 5 35 LL 5 26 Gravel Standar d Mes h Clas Clas Clas Clas Clas Clas Clas Surfacin g mm in s1 s2 s3 s4 s5 s6 s7 LL530 15000 6 1 10010000 4 _ 100 - 4 75 00 3 95- - { _ 100 6300 2 % 100 I - 5000 2 100 - 100 _ 3750 1 % r 100 100 - 100 2540 1 900 100 100 90-100 1900 3/ _ 50-90 1 95- - 100 125 -1/2 i 55-80 476 No 4 30-65 45-65 238 No 8 - - i 25-55 20-85 33-53 042 40 15-35 20 007 200 3-15 3-15 max 3-12 �3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 0 0 0 0 6-16 LA wear test 0 0 0 0 I50 50 0 40 max T96 i max max Schedule C o Procurement Schedule i Below is the anticipated schedule for procurement of this solicitation Advertisement Date Pre -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion Febi ruary 5, 2025 1 February 11, 2025, at 9 00 AM Weld County Public Works located at 1111 H Street, Greeley, CO February 13, 2025, by 10 00 AM bids cDweld.gov February 18, 2025, by 5 00 PM February 21, 2025, by 1100 AM Purchasmg's Clock March 10, 2025 i March 17, 2025 I January 31, 2026 f I, i I B2500027 9 i Choose one. %/ Will accept partial bid award? Bid is an All -or -Nothing award? Attestation The undersigned, by his or her signature, hereby acknowledges and represents that 1 The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No #132500027 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets 4 Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting 5 Acknowledgement of Schedule E — Insurance 6 Acknowledgment of Schedule F — Weld County Contract 7 By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County 8 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 Item try Company Name Connell Resources, Inc Address 7785 Highland Meadows Pkwy Suite 100 Fort Collins, CO 80528 Phone 970-223-3151 Email Kanderson()a connellresources com Iindblad connellresources com EEW/Federal Tax ID # 84-0588541 r By -- — February 212025 Date of Signature Title President B2500027 11 SchedWe E — InsurAnce Insurance Workers' Compensation and Employer's LiabiliQy lnsurancs as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The 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 Minimum Limits, Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Lisb/lity Insurance including public liability and property damage, covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows. Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows. Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name B2500027 12 the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to - require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action , Additional Insurance Related Requlrementi s. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of1he project Contractors Professional Liability (Errors and fi Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County B2500027 13 of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award Subcontractor Insurance Contractor hereby warrants tha4 all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance request by the Countfor all such subcontractors upon y No limitation of Liability. The insurance coverages 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 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 Insurance Flailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below Email: Project Manager Mike Livengood Email mlivengood a@weld gov Telephone (970) 381=1035 Mail Weld County Public Works, Gravel Road Mgmt Division ATTN Mike Livengood - PO Box 758 Greeley, CO 80632 B2500027 1 14 Schedule F - Weld County Contract Contractual Obligations 1 The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2 Issuance of this solicitation does not commit the County to award any agreement or to procure 3 If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature untd'a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee 4 Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination 5 Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Supply Agreement Between Weld County and Connell Resources, Inc THIS AGREEMENT is made and entered into this _ day of , 2025 , by and between,the Board of Weld County Commissioners, on behalf of Gravel Road Mgmt Public -Works], hereinafter referred to as "County," and Connell Resources, Inc, hereinafter referred to as - "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits, and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows 82500027 15 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work") If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No B2500027 I Exhibit B consists of Contractor's Response to County's Request 2. Service or Work. Contractor agrees to procure thel materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work 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 delivered to the location(s) specified herein i 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later 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 This Agreement may be extended upon mutual written agreement of the Parties j 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach 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 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 completed or partially completed Work 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 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 I S. Extension or Amendment. 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 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor B2500027 16 as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County 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 service 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) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or'workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract 8. 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 the Work without County's prior wntten 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 Work during the performance of this Agreement i and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned t to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work 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 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all B2500027 17 services will conform to applicable specifications Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens; encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, 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 The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 10. Acceptance of Services Not a Waiver. 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 exists 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 Work 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 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and 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. For all coverages, Contractor's insurer shall waive subrogation rights against County Contractors shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy maybe used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of not less than A-VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer -insolvency - Wooers' Compensadon and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The 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 Minimum Limits- B2500027 18 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows. Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of Lability are in excess of those required by this Contract. Upon' request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal B2500027 _ 19 i is a material breach of contract All certificates and any required endorsement(s) shall be, sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time j Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance earned by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement - Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract aI ward 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County B2500027 20 15. No limitation of Liability. The insurance coverages 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 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 16. Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 19. 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 19. Examination of Records. To the extent required by law, the Contractor agrees that a 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 Contractor of to maintain these documents for three years from the date of the last payment received 20. 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 21. Notices. County may designate its protect representative ("County Representative") who 132500027 21 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 as identified below 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 i (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 and received by the sending party, or I Either party may change its notice address(es) by written notice to the other Notice may be sent to - TO CONTRACTOR Name John M Warren Position President Address' - 7785 Highland Meadows Pkwv Suite 100 Fort Collins, CO 80528 E-mail Jwarrenaconnellresorces com Phone (970) 223-3151 TO COUNTY 1 Name Mike Livengood Position Gravel Roads Mgmt Supervisor Address 1111 H Street, Greeley, CO 80631 E-mail mlivengood@weld qov Phone (970) 400-3757 22. Compliance with Lamy. 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 23. 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 24. 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 negotiationst 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 25. 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 succeed ing year 26. Employee Financial InterestfConftict 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 B2500027 22 subject matter of this Agreement 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28. 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 29. Pion -Waiver. No term or condition of this Agreement 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 30. 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 31. 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 32. 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 33. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment B2500027 23 of attorney fees and/or legal costs incurred by or on its own behalf 35. Binding Arbitration Prohibited. Weld County doesinot agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shalt be null and void a �chnowledgment. 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, 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 CONTRAC OR By '�--�-Date of Signature March 12 2025 Name. John M Warren Title President WELD COUNTY ATTEST _ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, C,OLORADO Weld County Clerk to the Board BY Deputy Clerk to the Board Perry L Buck, Chair I B2500027 24 i i REVISION OF SECTIONS 105 ondl®5 CONTROL OF WORK AND CONTROL OF kATERIAL 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 108 of the Standard Specifications is hereby revised for this project as follows Subsection 106.03 shall be revised to include 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 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 / 4 313 2 and section 4 4 2 ,t Weld County reserves the right to select random samples from the stockpile or windrow k 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 a OA testing is used for acceptance by the County regardless of the PC testing results. 7 Failing Owner Acceptance tests shall result in the removal and replacement of the i elements to specifications The Engineer, at their sole option, may choose to use PC testing results in the event of a discrepancy 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. Testing Standards'- Acceptable standards are Colorado Procedures, AASHTO, and ASTM The order of precedence is Colorado Procedures, then AASHTO procedures, and then ASTM procedures. Deviations from the applicable procedures shall not occur unless approved by the Engineer in writing FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLING AND TESTING TABLE 1-A OA Sampling PC Sampling Verification testing (ASTM, Type of Test and testing and Testing AASHTO or Colorado Procedures Gradation 1 per 2,000 1 per 1,000 AASHTO T27 CP31-13 tons tons and T11 *Atterberg 1 per 2,000 1 per 1;000 AASHTO T89 Limits tons tons and T90 LA Abrasion 1 per source 1 per source AASHTO T96 R-value 1 per source 1 per source I I CP-I 3101 *Atterberg Limits results shall be based on the dry prep method, Method A, AASHTO R 58 — Dry Preparation of Disturbed Soils and Sod -Aggregate Samples for Test REVISION OF SECTION, 106 STODGE OF MATERIALS Section 106 of the Standard Specifications is hereby revised for this project as follows Subsection 106 W shall be revised as follows , _ a Materials shall be stored to assure the preservation of their quality and fitness for the work Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work Storage of material could be required for the length of the contract REVISION OF SECTION 703 AGGREGATE Surface Coarse Aggregate. Section 703 03 shall include the following' Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming to the following Los Angeles abrasion, AASHTO T96 max 40% Mechanically Fractured faces, one or more, ASTM D 5821 45% min Crushed material not screened, to attain the fracture faces. Free from organic matter and lumps or balls of clay Liquid Limit, AASHTO T 89 max 30 Dust ratio % passing ##200 2/3 max % passing #40 Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Tables 7-2 Table 7-2 Target Value Ranges for —A Ise-.vat..:d.. 1-14-- IAu l,s......:�:...oa:..,..\ mess Percent Passing Squafe'M"h Sieves Sieve LL < 35 ILLS 20 Gravel Surfacin Designation Stand�P ��s Clas Clas Clas Clas Clas Clas Clas g PttrY9 In 81 s2 s3 84 85 s6 s7 LL<_30 15000 6 _ 100 �= 10000 4 - 100 75 00 3 100 6300 2 '/2 100 5000 2 90- 100 J 90- 3750 1 Y2 100 100 2540 1 900 100 100 100 19 00 3/ �_ 50-90 1 _ _ 100 125 1 /2 - - - 60-85 476 No 4 30-65 —' 45-65 238 No 8 25-55 20-85 33-53 042 No 15-35 40 007 No 3-15 3-15 20 3-12 3-15 3-12 5-15 4-15 max Plasticity Index 0 0 0 0 0 0 0 6-16 LA wear test 0 0 0 0 50 50 0 40 vnax (T96 max max Table 7-2 Target Value Ravages for Qaaw fta-, renaraa %lraAaOmr%n i2nA 01!2044-ihs InAfty 11 1/11 Anw-ifirnfinn% Sieve Mass Percent Passing SquareResh Slaves I LL < 35 Clas Clas Clas LL <_ 20 i Clas Clas Clas Clas Gravel Surfacin Designation Standar Dies d rtnm b in s1 s2 s3 s4 s5 s6 97 LL_530 15000 6 100 - - 100 00 4 100 - _ - - - 7500 3 95-- 100 _ 6300 2 % 100 5000 2 900 - 100 _ _ _, 3750 1 %z 900 100 F i 100 2540 1 r �- ' 900 100 100 90-100 _ 95- 19 00 % 50-90 j 100 125 -1/2 - - 55-80 476 No 4 _ - _ 30-65 - - 45-65 238 No 8 25-55 20-85 33-53 042 40 ; - 15-36 1 007 3-15 3-15 max 3-12 3-i15 3-12 5-15 4-15 200 Plasticity Index 0 0 0 0 0! 0 0 6-16 LA wear test 0 0 0 0 50 50 0 40 max T96 max max ADD ENDIJMh!l C,LARlri AMON OF BID SCfIT+;DIJi.I+3 BID REQUEST NO B2500027 CONNELL RESOURCES SURFACE GRAVEL SUPPLY CONTRACT ID # 9205 Bid Response: See page 10 Item Pit Location Quantity Price Per Ton Total 1-Inch Gravel Carr Pit 150,000 Tons $12 65 $1,897,500 00 1 1/2-Inch Gravel Carr Pit 150,000 Tons $12 10 $1,815,000 00 Due to Connell's bid response and pricing Weld County took the option of having both materials for the 2025 Contract year. This allowed Weld County to purchase more tons for the year and stay at the budgeted amount. See Memo to the BOCC for bid recommendation, dated March 0. The recommendation is for A total of up to 39,000 tons of V specification surface gravel material at $12 65/ton totaling $493,350 00 and up to 122,450 tons of I Y? specification surface gravel material at $12.10/ton totaling $1,481,645.00 Addendum received by Connell Resources Inc FIRM 7785 Highland Meadows Pkwy Suite 100 ADDRESS Ft. Collins, CO CITY AND STATE BY Kevin Anderson, Aggregate and Asphalt Manager knderson cl connelliesources Com EMAIL Bond No. 108136493 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Connell Resources. Inc. as Principal, 7785 Highland Meadows Parkway, Suite 100. Fort Collins. CO 80528 (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and Travelers Casualty and Surety Company of America as Surety, (hereinafter called Surety), One Tower Sguare, Hartford, CT 06183 (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), 1301 N. 17th Avenue, Greeley, CO 80631 (here insert full name and address or legal title of the Buyer) in the just and full sum of One Million Nine Hundred Seventy Five Thousand and NO/100THS ($1=w-% nn nn 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 24, 2025 to furnish the following briefly described supplies: 2025 Purchased Surface Gravel Supply 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 24th day of March 2025 Connel ources, Inc. (Princ' al) S A& M arren, F es ent M ( I A k M Jenn r in ant ecretary (Witness) Travelers Casualty and Surety Company of America (Surety) ...... .... 04jy. (Seal) `�P4. HART=ORO,'. c sm. CONN. `o 6 `'• a a Christina L. Townsend, Attorney -in -Fact (Title) Attach vali Corporate Power of Attorney Form K'Anne E. Vogel, Witn s to Surety (Witness) BID REQUEST #132500027 Page 1 Travelers Casualty and Surety Company of America A. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Donna L. Adams, Ashley K. Anderson, Barbara J. Arnold, Timothy J. Blanchard, Lynn Christine Bosman, Mary Ann Eurich, Vickie Golobic, Andrew P Walters, Nikki M. Mosbrucker, Terri L. Reese, Robert Charles Torrez, Christina L. Townsend, K'Anne E Vogel, Nicole Lee McGuire, and Jennifer J. Walker of Denver, Colorado, their true and lawful Attorney -in -Fact to sign,execute, seal and acknowledge any and all bonds, recognizances,'zonditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of;persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, including the following bond: Surety Bond No.: 108136493 OR Principal: Connell Resources, Inc. Project Description: Obligee: Weld County IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. yewlgn :* rs 8 Z,19 8 2�' o State of Connecticut ''�„� z i�p * d �y�'"'is By: City of Hartford ss. Robert L. Raney enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "t"AO'Iy My Commission expires the 30th day of June, 2026 ((t*) "Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Companys seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may 'remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or '(b) duly executed (under seal, if required) by one or more Attomeys4n-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of SUR ................ GASU.Cry'w m` A v if C� onPaap�< -u HART�ORD. ;<e iL19s2f' o = ne. GONN. +0 /�C✓ l ;/ c�ww L8 z r % a 6d'•. a '�i.., ��,.� evin E. Hughes, Assis ant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attomey-in-Fact and the details of the bond to which this Power of Attorney is attached. CONNRES-02 TORN J( CERTIFICATE ®F LIABILITY INSURANCE DATE(MMIDDIYYYY) kz. r 3M2/2025 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 pohcy(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 endorsements) PRODUCER License I/ 0767776 I NONPCT Lynn BOSman HUB International Insurance Services (COL) PHONE FAX 2000 S Colorado Blvd (AIEC, No, Ext) (303) 252-3762 i (AIC, No) (866) 243-0727 Tower 2, Suite 150 ApORESS Lynn bosman@hubinternational com_ Denver, C080222 I - --- - -------- -- - - _INSURER(s)AFFOROINGCOVERAGE _ _ NAIC>__ INSURERA Zurich American Insurance Company _^_ _ 116535 _ _ INSURED -INSURER e_Travelers Property Casualty -Company of America 125674-_-_ _ Connell Resources, Inc INSURERc 7785 Highland Meadows Parkway, Suite 100 INSURER-0 Fort Collins, CO 80528 ` INSURER E _ I INSURER F - -- ---� _ -- — - -- - - - —j- ----- COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS_ OF_SU_ SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSj INSR i TYPE OF INSURANCE e AUDLISUBRI POLICY NUMBER I POLICY EFF I POLICY EXP 1 LTRNSDWVQOMITS A X COMMERCIAL GENERAL LIABILITY I I ! I EACH OCCURRENCE_ l $ 2,000,000 y 1 CLAIMS MADE OCCUR I GLO 5084929 03 I I_ i 3/1/2025 ` 3!1l2026 i _ _ _ — i DAMAGE TO RENTED !! 100,000 rPEEMISES (Ea oosvaerlwl _- 3 10,000 _ QED EXP An one arson) _ I S_ _ �_ y_ _ P_ II PERSONAL & ADV INJURY I S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER ( GENERAL AGGREGATE I S 4,000,000 P � � I I X I POLICY I X 1 JECT LOC � _— _ � PRODUCTS -COMP/Op qGG I S 4,000,000 I � OTHER I I it I - I S _ _ _ _- — A I i AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT (Eaacddttnt)—- 2,000,000 I X I ANY AUTO j D SCHEDULED I BAP 5084930-03 3MI2025 3/1/2026 + BODILY INJURY Perperson) 13_ ' - jA O I AIURRTEEOE�S ONLY AUIT�OSy�NEp 1 2M ONLY _ AUTO ONLY '- I BODILY INJURY_(Per accidents {Pa�%dRdo^t?AMAGE -1 I S $---- _ - — - - B 1 X UMBRELLA LIAB I X ' OCCUR I- EXCESS LIAB ��CLAIMSMADE I SCUP-5T070711-25-NF 311/2025 1 3/1/2026 EACH OCCURRENCE_ __ f AGGREGATE S_ — 10,000,000 S 10,0000,000 _ ___ I _ ED X 0,0001 1 i RETENTIONS 1 i S A WORKERS COMPENSATION I AND EMPLOYERS'LIABILITY YIN I I WC5084928-03 3/1/2025 I 3M/2026 } X i PER STATUTE I _ ERH _ ANY PROPRIETOWPARTNER/EXECUTIVE ' �FFtCERIMEMU EXCLUDED? �N� N I A) { E L EACH ACCIDENT _ 1,000,000 S_ _ ___ 1,000,000 rlandatary In If yes describe under I DESCRIPTION OF OPERATIONS below I I I I I E L. DISEASEEA EMPLOYE E L DISEASE -POLICY LIMIT $ _ I I $ 1,000,000 j+i I 'i j DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) Project Weld County Surface Gravel 2025 Weld County, Colorado and its elected officials, trustees, employees, agents, and volunteers are Included as additional insureds under General Liability on a primary and non contributory basis CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS 1150 0 Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ®1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD F MEMORANDUM TO: Board of Commissioners DATE: March 6, 2025 FROM: Curtis Hall, Public Works Director SUBJECT: Surface Gravel Supply for 2025 (BID REQUEST NO. B2500027 Public Works Department recommends the low bid from Connell Resources for the 2025 Purchased Surface Gravel Supply Bid for Greeley area and North area of Weld County. The recommendation is for: A total of up to 39,000 tons of 1" specification surface gravel material at $12.65/ton totaling $493,350.00 and up to 122,450 tons of 1 V2" specification surface gravel material at $12.10/ton totaling $1,481,645.00. There is $1,975,000.00 available in the budget for this contract and Public Works will not exceed the budgeted amount. Pit Location: 8821 CR 126, Carr, CO 80612 Curtis Hall Public Works Director zo?5--0511 3110 EC-, oUS3 DATE OF BID: FEBRUARY 21, 2025 REQUEST FOR: SURFACE GRAVEL SUPPLY DEPARTMENT: PUBLIC WORKS BID NO: B2500027 PRESENT DATE: FEBRUARY 24, 2025 APPROVAL DATE: MARCH 10, 2025 VENDOR CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY SUITE 100 FORT COLLINS CO 80528 J-2 CONTRACTING COMPANY 105 CORONADO CT, UNIT A-101 FORT COLLINS CO 80525 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett -weld.gov caeisertCa)_weld.gov ttaylora-weld.gov Phone: 970-400-4222, 4223 or 4454 PIT PRICE PER TON PRICE PER TON TONNAGE TOTAL LOCATION (1-inch gravel) (1 1/2 -inch gravel) AVAILABLE Carr Pit $12.65/ton $12.10/ton 150,000 tons $1,897,500.00 8821 CR 126 150,000 tons $1,815,000.00 Carr CO 80612 (will accept partial bid) 1013 N.25th Ave $18.75/ton $17.50/ton Greeley CO 80631 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. 150,000 tons $2,812,500.00 150,000 tons $2,625,500.00 (will accept partial bid) 2025-0517 Z/Z4 ECi DV9 3 Hello