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Home My WebLink About20230873.tiffCord-Kei lVt*(ow WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & J-2 CONTRACTING CO. ROAD BASE SUPPLY - CLASS 6 THIS AGREEMENT is made and entered into this Atay of MAY, 2023, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and J-2 Contracting Co., a corporation, who whose address is 105 Coronado Ct. Unit A-101 Fort Collins, CO. 80525, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor Road Base Supply — Class 6 as described in Exhibit A and B, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A and B, of which forms an integral part of this Agreement. Exhibit A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300090. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in kd) 5/i0/723 2V13- 0'373 ��,00n o 5/I 0/23 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $228,000.00 which is the bid set forth in Exhibit A. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit A. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at alt times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that al l subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: J-2 Contracting Co. Attn.: Owner Address: 105 Coronado Ct. Unit A-101 Fort Collins, CO. 80525 Address: E-mail: carol@j2contracting.com Phone:970-392-0694 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Ronald E. Graves Position: Weld County Road and Bridge Construction Supervisor Address: 1111 H St. Greeley, CO 80632-0758 Address: P.O. Box 758 Greeley, CO 80632-0758 E-mail: rgraves@weldgov.com Phone: 970-400-3787 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 28. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 32. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 24-'i day of /f1f , 2023. CONTRACTOR: G'7 sc.aroX.� Yftis . By: Name: G o s a Title: /G. fcz"e,r7v,*- DateZ _2E WELD COUNTY: ATTES . 'r' '"" BOARD OF COUNTY COMMISSIONERS Weld eourty Clerk to the :o. d �WELD COUNTY, COLORADO BY: Deputy Cle e Freeman, Chair MAY 1 0 2323 a3-ar73 BID REQUEST NO. B2300090 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: CLASS 6 ROAD BASE SUPPLY (With Renewal Options for 2024/2025) March 2023 Weld County Public Works Division of Road and Bridge P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 B2300090 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2022 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Notice to Bidders 3 Invitation for Bids 3 Instructions to Bidders 4-9 "Scope of Work, Specifications, and Bid Schedule....................................................................10-13 **Supply Contract Bond 14 *IRS Form W-9 15-18 "Anti -Collusion Affidavit 19 **Notice of Award and Acceptance of Notice 20 WELD COUNTY CONTRACT FORMS: **Low Bidder must submit these forms upon to Contract Award. B2300090 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MARCH 9, 2023 BID NUMBER: #B2300090 DESCRIPTION: CLASS 6 BASE SUPPLY (NORTH, SOUTH & CENTRAL WELD COUNTY) DEPARTMENT: 32300 ROAD & BRIDGE CONSTRUCTION BID OPENING DATE: MARCH 23, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: CLASS 6 ROAD BASE SUPPLY NORTH, SOUTH & CENTRAL WELD COUNTY Bids will be received until: March 23, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 23, 2023 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 644174532 PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County: A. Emailed bids are required. Email bids to bidsl iweldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B2300090 3 B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in 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 Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant those funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential B2300090 4 information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. B2300090 5 J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to -whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants those services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. B2300090 6 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive, and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of B2300090 7 any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts; Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy B2300090 8 shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence. $1,000,000 general aggregate. $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under -this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. B2300090 9 Class 6 Road Base Supply Weld County has various projects across the county. The intent of this bid request is to establish three (3) sources of Class 6 road base at locations that are geographically favorable to the County for upcoming projects. The bid, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the road construction projects within Weld County. All pricing should include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all road base will be by Weld County personnel. A supply bond will be required for each award (for the awarded amount). GENERAL CONDITIONS AND SCOPE: 1. The contractor will follow all rules and regulation stipulated in the permit for the site. 2. Project time will be from April 2023 through April 2024. 3. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 4. Certified scales are required. 5. 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. All tickets must be legibly signed by a Weld County employee. 6. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) ➢ Air Pollution Permit (for crusher unit) 7. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 8. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from multiple bidders based on plant location. 9. The specification for material supply shall be in accordance with the 2022 Colorado Department of Transportation, Standard Specification for Road and Bridge Construction, 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 Works Department. 10. Class 6 shall meet the gradation of CDOT table 703-2, R -value of 69 or greater Los Angeles wear test not to exceed 40% loss, the liquid limit shall not be greater than 30 and the plasticity index shall not exceed 6. All material shall be free of vegetative matter and lumps or balls of clay. 11. 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. 12. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors 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. B2300090 10 TERMS AND CONDITIONS: This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each contract year. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the material contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. Weld County Contacts: Questions related to the project and procedures should be directed to: Ron Graves — Road and Bridge Construction Supervisor Weld County Public Works (970) 400-3787 rgraves@weldgov.com Duane R. Naibauer — Deputy Director Weld County Public Works (970) 400-3786 dnaibauer@weldgov.com Revisions to Colorado Department of Transportation. Standard Specification for Road and Bridge Construction 2022: Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3 shall be revised to include the following: One day's placement will be considered a lot, once a lot reaches 2,000 tons that lot will be divided into sub - lots. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the standard specifications is hereby revised for this project as follows: Section 106.03 shall be revised to include the following: 1) Sampling and testing will be done in accordance with table 1-A Weld County reserves the right to select random sample from the stockpile at any time. QA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30/4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for price reduction based on section 105.03. Frequency Sampling and Testing Schedule Type of Test QA Sampling and testing QC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO 127 and CP 31-19 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 82300090 11 LA Abrasion 1 per source R -value 1 per source 1 per source AASHTO T96 1 per source AASHTO T190 2023 BID SCHEDULE North Weld County - North of State Highway 14 CP-L 3101 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC 24,000 TON Central Weld County — South of State Highway 14 & North of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 20,000 TON South Weld County - South of State Highway 34 ITEM ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location # PER UNIT 703.03 Class6 ABC Up to 0 TON 82300090 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on March 23, 2023: 1) Pages 10 thru 13 of the Bid Specifications. 2) W9, if applicable. 3) Anti -Collusion Affidavit. 4) Any future Addenda must be completed. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2300090. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 9. B2300090 13 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (Here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (Here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obliged, (hereinafter called the Buyer), in the just and full sum of (Here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this day of , 20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) B2300090 14 ¢tar. Novornbor $0e5) chp.rbl.,, at fie rrarair Itt♦Iny Nwana awm Request for Taxpayer Identification Number and Certification Dive form to the requester. Do not send to the IRS. Nana (ea shown on yam. Inures bat robs, Batas name, er dna .Own above IndNldtt+ array appreprto bmc ❑ lab prcprimor Czar ❑ 6wnpt nom backup wavrdahg Adams (learn., rbaat, and apt cr ourm no.) Coy, aide, and ZP coda Ro¢aala'a roma and edam (optic, LYt moan numbafy hare faction,. LEM r hientCcation Number fn Enter yotr TN In the epproprtate box The TIN proiedsd must match the name gken on Une 1 to arrotf backup wlthhoidrg. For mdMduats, tins 1a your ea. sew* number (SSW However, nor a reek'. ellen, sole proprietor. Or d orogordoo entity. We 05 Pad 1 in031030na ore page 3. For other entitles, I Is your employer Idantlncatlon number (EN). It you do not have a number, see How to gar a TAY on page 3. Note. tr 1<18 aocourt Is In more then one name, see the chart on page 4 for guidablee. an whose number to enter. CeriifiiC lion local security ameba. I l k l >I. I I I or I emrT 77 f m under r enames or peopoy, I certify that 1. The number shown on thus form le rrry correct tnnmet Itlen01cadon nurrter (or 1 am waning act a number to be Issued to n101, and 2. lam not Subject to backup uothrloldng because (e) I are exempt from taolorp ofl hdding, or (Whew hew not been rlogrled by the Internal Revenue aerobe (ROOM I am nut>iect to backup...Molding as a result o1 a lobos to report all Interest or dividends, or (c) the IRS has notified me thet 1 am no longer subplot to backup velti holcIng, and a. I am a U.S. person (inducing a u.s. resident alert). Cer0flcatkm Inskocitons. You roust cross out Item 2 above if you nave been notmed by the IRS that you are weevilly sSA(ect to backup wlthlioaing because you neve rated to report all l...eat and da lends on your tax return Far real estate trarrsaacticr a, kern 2 does not apply. For rnortgege Inbred peed, acquisition or abencbrrnent of secured property, cam:elation or debt, co bituhons to an IndNmuel retrement arrangement (IRA). and germ a0), owner'. other then rawest and deaden., you are not required to aryl 110 Certnlaaten, but you rnuat provide your coned TIN. glee the lrtstructicns on page 4.) �i�n 61gnaWn fir HOro % canon ► Purpose of Form A person who is required to file en Information ream with the IRS, rnuat obtain your correct taxpayer Identification number trlraneactior e, to mbr interest income paid. acd to t eRbnu. l estate abandonment a *eared proper eencetletioon of debt or contributions you made to en IRA. U.S. person. Use Form W-0 only If you are a U.S. person Qncludng a reeidoot alien), to provide your correct TIN to the person requesting It (the requester) and, when eppllead,. to: 1. Certify than the TIN you are suing is correct (cc you are ueltYg for a 23011ber to be issued. 2. Certify that you are not aub)ect to backup withholding. or 3. Slain Grampian from backup withholding if you are a U.S. ewernpt payee. In 3 above. if appicadq you ere atso certifying that as a U.S. person, your allocable share of any partnership inCOlne front a U.S. trade or business le not subieet to the withhokting tae on foreign partners. share of effectively oormected Income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal teepurposes, you are coneid0rm9 a person if you are: • An IndlAduel who le a citizen or resident of the United States. • A pOf3'Orehlp,corporation, company, or aeeoclatian crested fir organized In the United States or under the levee of d1e Untied Stetea, or • Arley satiate (other than a foreign estate) or trust Ses Regulations sections 301.7701-6(a) and nap for additional information. Special rubes for partnerships. Partrerehips that conduct a trade or business in the United States ere generally required to pay a withholding tax on any foreign partteea' where i income fiom such tweirwee. Further, in cerrnin cease where a Form W-0 hoes not been received. a partnership is required to p0.0.000 thot a partner fe a foreign person end pay the oItliloldirg tax. Thanatos, 0 you stn a U.S. person that fe a partner In a pertt'oraNp conducting a track or business, in the United States, provide Forth W-9 to the partnership to establish your U.S. statue and avoid wittthcading on your share of partnership Income. The person who ghee Form W-9 to the partnership for purpuee0 of establishing its 13.23 status and avoiding withholding on Its aliacatie ahem of net income tom the partnership conducting a trade or bueineee in the United States is in the following cases: + The U.S. owner of a disregarded entity and not the entity, Cat No. 150310 Form W -t move. 11.270+ 52300090 15 Fortn W-0tAov.ii-20C6r Pogo 2 • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S, trust (other than a grantor tntst) and not the beenneficiariiesc4 the trust tc4 the trust Fore.* �r Form W-9. Instead, glee theseppropriparson, Form W-8 (see Publication 515, Withhadl g of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien, t3enerally, only a norreetdent alien Indvidual may use the hems of a tax treaty to reduce or eliminate U.B. tax on certain typed of income However, rease tea tsetse contain a provision knower as a 'saving clause.' Exc•pticete apaclfled In the saving clause may permit an aaatptlan from tea to continue fee certain typee of income wren after the recipient has otherwise become a U.S. resident ellen forces pupoeaa. If you area U.B. neeldent ellen who le relying on an exception cc:ree ed in the raying clause of a tax treaty to claim an exemption from U.B. text on certain types of Income, xtrr must attach a statement to Form W-9 that epecifes the folbwihearers: 1, The treaty country. Generally, this must be the dame treaty under which you claimed sesntpfon from tea as a nonresident alien. 2, The treaty article addressing the Income, 3. The article number (or bcaticed In the trait treaty that contain the saving clause and its exceptions. 4. The type and amount of Incama that queliflas for the exceerptlon from tee. 5. Sufficient facts to justify the exemption from taxi under the terms of the treaty article. iLirareple Article 20 of the U,S.-China Income tax treaty allows en exemption from tax for echdarahp income received by a Chinese student temporarily prevent in the United States. Under U.B. lie, this student will became a resident alien for tax purpaeee If hie or her stay In the Vetted 8tatee eeo.ds 6 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 20, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a meldent alien of the United States. A CNnsee student wits qualifies for this exception (wider paragraph 2 of the first prat000fj and is relying on tie exception to claim an e.mpdoenl hoes tax on Ns or her scholarship or fello oei'lp incoreeweuld attach to Form W-0 a statement that includes the information deecribed above to support that exemption. to ifyeti b ccelea. wahfttteidlnf. give lemon or foreign turd aeeject oorrplvted Form W-8. What ie backup withholding? Persona making certain payments to you must under certain ccnditione wlthtftokf end pay to the IRS 28% of such payments (after December 31, 2002). This is called 'backup withholding.' Payment) that may be abject to backup withholding include interest; dividends, broker and barter exchange transactions, netts, royalties, nonentpl yes pay, end certain payments horn fishing boat cperatere. Reel estate traneactiome are not etteret to backup withholding. You will not be subject to backup withhoklfng cn payments yaeu receive if you give the requester year cerrect TIN, reeks the proper certifications, and report all your tauable Interest and dividends on your tax ream. Payments you receive will be subject to backup withholding d: 1. You do not fsmieh your 11N to the requester, 2. You do not wee/ your TIN when requincl (see the Pert II Instnictdons on page 4 for details), 3. The IRS tells the ran teeter then you furnished an Incorrect TIN, 4. The IRS tide you that you are subject to backup witFttcfding because you did rest report all your Grhrrwt eetd dhddeede on you tax return (for reportable Iettreet and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accocrmta opened after 1983 any). Certain peeves end payments are axerree from backup withholding.. See the kteetoct tee beekav end the separate Instructions for the Requester of Form W-8. Alec see Spend rues wording peetnereit5se on page 1. Penalties Facture to furnish TIN. If you fail to furrleh your correct TIN m e r>iqu•stter you are subject toe penalty of 550 for each such falure unless your failure le due to reasonable cause and not to weft" neglect Civil penalty foe false information with respect to withholding. If you make a Isles statement with no teeeonebie baste that esulte In no backup althholdrg, you era subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certification or affirmations may aublect you to criminal penalties including fines arcl/or Impriecnrrtent, itlieaea of Tile. If the requester dleclosea cr uses TINE' in violation of federal lee, the requester may be euhject to civil and orintirel penalties. Specific instructions Name If you are an individual, you must generality enter the name shown on your Income We ream However, if you have changed you last name, for Instance, due to marriage without infemting the Social Sec unity Adminlctrellon of the name change, enter your first name, the lest name sparer on your social security Gerd, end your new last name. If the account ie in joint narnee, liet firer, and then circle, the name of the person on entity three number you entered In Part I of the form. Sole proprietor. Enter your individual name as shown on yon Income teat rerun axe the 'Name' line. You may enter your business, trade, or 'doing buainees ea (MA)" name on the 'Business name' line, Limited liability company (LLC). If you are a single -member LLC (Including a foreign LLC with a cbmeetk owner) that is (ie►egetnead as an entity separate from Its owner under Treasury regclatione section 301.7701-3, enter rho owner's name on the 'Name Ilne. Enter the LLC'e name on the 'Business name' line. Check the appropriate bok for your filing state (sole proprietor, corporation, etc.), then check the box fon'Other' and enter 'LLC' h the apace provided, Other entities. Enter you business name ae shorn on required iederel tax documents on the 'Name' line, This name should teatch the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DOA name en the 'Buairtees name' line. Note, You ere requested to check the eppraprfao box for you statue finclvidualfeole proprietor, corporation, etc.). Exempt From Backup Withholding if you are exantpt, enter your name ae described above and check the appropriate box for your status, then check the 'Exempt from backup aithhdding' box in the line following the husineea name, sign and data the form. 82300090 16 Form W.p,Than. 11-30063 Generally. Individuals (Including sole proprietors) are not exempt horn backup withholding. Corporation ere exempt from backup withholding for certain payments. such ea interest and you l divktendo. Note. If still complete are exempt form to e should d possible eyou erroneous bocfap withholding. Exempt peyeee. Backup withholding le not required on any payments made to the folfowhg payee, 1. An ttgentzaton exempt from No under section 601(x). any IRA, or o custodial account under section 403300161 If the account satisfies the regkotoette of section 401 III, 2. The United States or any of its agencies or Inetnxnentdltlea, 3. A state the District of Columbia, a poesoeelon of the Untied State. or any of their politcel subdvisbne or Instrumentalities, 4. A foreign government or any of Iea political aubdhriebns, agencies, or instrutnentslltiee, or 6. M international organtxatbn or any of he agencies cc Inetrumenoalities. Other me. fret may be exempt from backup withholding include( 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or ootmmodltiee required to register in the United States, the District of Columbia, or a poeeeesbn of the United States, O. A futures oomreleeion merchant registered with the Commodity Futures Tracing Oommleehon, 10. A reel a tste Inve.unent trust, 11. An entity registered ce all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under sec00n 504)o), 13. A financial institution, 14. A mkldlermen known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under Becton 664 or deacribed in section 4047. The chart below shows types of payments that may be exempt from backup withholding. The chat applies to the exempt recipients Iletted above, 1 through 15. IF the payment le ter ... T1.MEN the payment la exempt Ter Interest anti dividend payments All exempt redplethts except torD Broker transaclIona Exempt recipients 1 thrwgl 13. A.. a person registered utter the investment A MeeB Art of 1040000 regularly arises Cooker Barter exexoronge lrartoeatksr std patronegn 040.010 Exempt recipients 1 through 5 Payne tfo over $006 requtec0 to be reported aid direr t Sales 00,4000 ' 6eneroly, t0000pt 0000000 t 0t10ugh 7' Soo Form 10tlCJJareC, Mhcatracua txa, end tie Mtruclia,a 'r-iewrror, trio t lloo g p jmonte mardo to a oapartlrm ancu*ig gross Geoids peril to an ol000y under sod. 0013,;), ...fine atom, le a corpond, oe ropo0a0ta on Fan, /One-mie0 re not 0Merpt horn t»ctup withholding: nrdtvl and heath card p.jmxits, aManego• two; and payments oar .oalaaa peed ty a radars] oaaa$0, agar, Piga 3 Part I. Taxpayer Identification Number (TIN) tinier your TIN in the appropriate box. If you ere a reelcfent alien and you do not have soft are not allgif to gK en SON, �ur TIN ie your IRS Individud teKpayer identlffestf y umber T1Nj. Error h In tits social oecuriry number bcwt. If you do not have an MN, see How to get a 7fN below. H area sole � proprietor and you y enter either your SSN or EIN, However. the IRS poofrrsthao you use your SON. If you area eingte-owner LLC that le dl.'.ger:k id as an en separate from he owner (see Limbed &bay camper, 11.LC) on pegs 2), enter your SSN (or EIN, If you have one). If the LLC is a corporation. partnership, etc., enter the entity's Not., See the chart on ppungs 4 for further clarification of neroe and TIN oombinetlone. How to get a TN. if you do not have a 11N, apply for one knmedletely. To apply for an SON, get Form $6-6, Application fora Social Security Card, from your local Social Security Administration o0Rce or get title form online at www.sorlafeectinly.gov. You may also gat this form by telling 1-800-772-t2t3. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ffIN, cr Form 88-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online the IRS wsbeite atwueeoNopad�o4!b�ueineeess end raking on mployer ID Numbers Hider Related Topics, You can get Farms W-7 and 80-4 from the IRO Cog yieidrg www.ka,govorby calling 1 -800 -TAX -FORM (1-000-024-3676). If you ere asked to complete Form W -fl but do not have a TIN, write Applied Far' In the apace for the TIN, sign and date the form end give it to the requester. For Interest end dividend payments, and oortoln peytaants made with respect to readily tredobie Instruments, generelty you will have 60 days to get a TIN and give It bra the requester before you are subject to brackogo withholding on payments. The 60 -day nfe dose riot apply to alter types of payments. You will be subject to back►p withholding on ail +such payments until you provide your 11N to the requester, Note. Writing 'Applied For. means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A uasregsrroeQ dona•etkc entity !het has a for !gn owner meet roe the aptprap iabe Farm 141,6. 02300090 17 Farm WA tea, 11;20, Pigs 4 Part IL Certification To eetabileh to the withholding agent that you are a U.S. person, or resident Olen, sign Form W-0. You may be requested to sign by the withholdng agent even if Rams 1, 4, and 5 below indicate othenaAae, For aJoint account, only the person whose TIN I2. Mown in Part I should sign totem nrquAreel. Exempt recipients, see Exempt From Backup Withhuklnp on page 2. Signs.* regtrarsmentea. Complete the certification as Indicated In 1 through 5 below. 1. Interest. dividend, and barter exchange accounts opened before 1064 and broker accounts oomideesd active during 1983. You must give your correct T1N, but you do not hays to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1063 and broker accounts considered inactive during 1983. You must sign the usrtilcselon or backup withholding edO apply. if you ate abject to backup withholding and you are merely providing pox correct TIN to the requester, you muet crone out item 2 in the certification before signing the form. 3. Reel estate transactions. You must Ogre the certification. You may crone out Item 2 of the certification. 4. Other pe neneats. You meet give your correct TIN, but you do not haws to sign the certification unieee you have been notified Meat you have previously given an incorrect TIN. 'Other payments. Include payments made in the comae of the requester's trade or business for tents, royalties, goods (other than bills fox rnerohardl.e). medical and health care services (Includng pwrnen. to corporations), payments to a nonempkay.e for services, payments to certain fishing boat crew mernbere and fishermen, and grove proceeds. paid to attorneys 'Including payments to corporetbnej. 5. Mortgage irt.reat paid by you, acquisition of abandonment of ..cured property, cancellation of debt, rt�1affled tuition program payments )ender section 629), 1RA, Covsrdell ESA, Archer MSA or MA contributions on and pension distributions, You must give TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For fhb Wye at accwwt 1. Indvidual 2. TVp or more IndMduals adrn account 3. Custodian account of a minor tllrtfbrm Gltt to Minors Act) 4. a. The usual MNOCIIde savings gust (grantor is leo trustee) b. So-rarlsd trtrs4 acmuat that Is not a legal of valid trust Inder tar 5. Sole proprietorship or single -owner LLC ern tame and eNJ 1rr The Indheldlel The actual artier of the account or, If carnbned finds, the brat Ir1dNId1a1 cn the woo. T. minor• The gramme -trustee The actual °After' Tee owner' Far 501 type at eeoeaadl 0. Sole propaetorsnp or sale -comer LLC 7. A eels trust est., or pension trust 8. Corporate or LLC emoting corpoter. status on Form 8832 9. Association, alb, religious, charitable. edu.onel, or otter taw-enerrpt organization 1D. f art ership or 'sun-mercer LLC 11. A txotar or registered bombes 12 Acoountvitth rite Department of Agrtcdture h the name of a pubic scatty yluch as a state or local gooemnnertt 0ctool district or prison that Mottos agttuuttural program payments (Eno hams old !tN oh The ostler' Legal salty • The corporation The urge eesecxl The pmt erallp The, booker or nominee The pudic scatty eUat ttat ins aFde the! name at Inspire. v.hase bum Car you NMah It ouy air parson an a Joie acan.rt has an aeN, ihal paraan'a rasrber moat be Xrnehed. 'Crab the wino, nine and lumen Ina rtinor ° MN. Tuna =7...r.:7 0,==.7,1,1== You may 9N Sir you ha.a one. n you am a sae propdarar, Fre aeocurelaa yru is use your aeN. L.lat 155 and dude Ina nano at the seal freest, aststa, ar panaen lntat. yA not lannIth Om TIN of the Femoral reptw.essl a or tunas visas the 2.551 way tear Y net daeyranad In tee access aria.) Alga sae apaobr trams supra so page 1. Note, ti eve name is circled when more than one nen. is listed, the rr.rnber will he considered to be that of the first name feted. Privacy Act Notice Section 6109 of the Internal Revenue Cede rec}.iree you to provide your correct TIN to portiere who stoat Ale Infornalic l rearms with the IRS to report interest dividends, and certain other income paid to you, mortgage Interest yeti paid the acquisition or abandonment of secured property, cancellation of debt or contribution. you made to en IRA, or Archer M At or HSA. The IRS uses the numbers for Iderttflcaticn pulFcees and to help unify the accuracy of your tax redrn. The IRS may oleo provide this Information to the Department of Juatiee for civU and criminal llogetbn, and to cities, states, the Dtatict of Columbia, and U.S. pceeessions to carry out their tax lugs. We may also disclose tile information to other countries under a tan treaty, to federal and state agencies to enforce federal testes criminal laws, or to federal late enforcement and Intelligence agenclee lb combat terrorism. You must provide year TIN whether or not you cane rego.lred to flle a ta. return, Payers rnu.let generally withheld 2096 of tareble Interest, clvidend, end certain other payments to a payee who does not rives TIN to a payer,, Certain panellise may also apply. 82300090 18 2A. 28. 3A. 3B. 5. SECTION ANTI -COLLUSION AFFIDAVIT PROJECT Na LxAT4ON I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person. whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high. noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. TI Sworn to before me this day of, NOTE: This document must be signed in ink. 19 B2300090 19 NOTICE OF AWARD Class 6 Road Base Supply The project, in genera consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the re -graveling of roads within the north, south and central areas of Weld County. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amouny6f $ f or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreemetl-wi ►in ten 1�0 c �ler�f�ar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. Yo +' -turn a •w • •e• • • of this Notice of Award to the Owner. Dated this day of 20 Weld County, Colorado, Owner By Duane R. Naibauer, Deputy Director ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2023. By: Title: (Title Attach valid Corporate Power of Attorney Form B2300090 20 Rose Everett From: Sent: To: Cc: Subject: Attachments: Carol Shima <carol@j2contracting.com> Wednesday, March 22, 2023 5:05 PM bids Chris Leone "I Hereby Waive My Right To A Sealed Bid" BID Submittal -#B2300090 CLASS 6 - ROAD BASE SUPPLY - 90.pdf; W_9 J-2 Contracti ng_2023. pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see the attached submittal for #B2300090_ Class 6 Road Base Sin cerely , r�zrol((j2CorttraCtl1tti. i'ofT7 J Cu tracling Co. 106 Coronado Cl. Unit A-101 Fort Coins, CO 80525 � 1onf 970-,392-:694 Fax 970-392-0695 Class 6 Road Base Supply Weld County has various projects across the county. The intent of this bid request is to establish three (3) sources of Class 6 road base at locations that are geographically favorable to the County for upcoming projects. The bid, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the road construction projects within Weld County. All pricing should include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all road base will be by Weld County personnel. A supply bond will be required for each award (for the awarded amount). ©ENBRAI, CONDITIONS AND SCOPE: 1. The contractor will follow all rules and regulation stipulated in the permit for the site. 2. Project time will be from April 2023 through April 2024. 3. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 4. Certified scales are required. 5. 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. All tickets must be legibly signed by a Weld County employee. 6. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) > Air Pollution Permit (for crusher unit) 7. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 8. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from multiple bidders based on plant location. 9. The specification for material supply shall be in accordance with the 2022 Colorado Department of Transportation, Standard Specification for Road and Bridge Construction, 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 Works Department. 10. Class 6 shall meet the gradation of CDOT table 703-2, R -value of 69 or greater Los Angeles wear test not to exceed 40% loss, the liquid limit shall not be greater than 30 and the plasticity index shall not exceed 6. All material shall be free of vegetative matter and lumps or balls of clay. 11. 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. 12. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors 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. 92300090 10 TERMS AND CC INDITIONS: This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each contract year. Any price adjustments must be verified by justification of base bid cost increase cf materials, labor or other associated items included in the original cost of the material supply. Cost increase rust be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record fpr the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the material contract if, in the opinion of the Public Works Director the cost increase is not justified or consistent with regional trends. Weld Count,/ Contacts: Questions related to the project and procedures should be directed to: Ron Graves — Road and Bridge Construction Supervisor Weld County P.abic Works (970) 400-3787 rgraves©weldwv.com Duane R. Naibaauer — Deputy Director Weld County Pbic Works (970) 400-3786 dnaibauer@werlgov.com Revisions to Colorado Department of Transportation. Standard Specification for Road and Bridge Construction :022: 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 shat) be revised to include the following: One day's placement will be considered a lot, once a lot reaches 2,000 tons that lot will be divided into sub - lots. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the standard specifications is hereby revised for this project as follows: Section 106.03 shall be revised to include the following: 1) Sampling and testing will be done in accordance with table 1-A Weld Cwnty reserves the right to select random sample from the stockpile at any time. QA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile is accordance with CP 30/4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for price reduction based on section 105.03. Frequency Sampling and Testing Schedule Type of Test QA Sampling and testing QC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradatior 1 per 2,000 tons 1 per 1,000 tons AASHTO T27 and T11 CP 31-19 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 82300090 11 LA Abrasion R -value 1 per source 1 per source AASHTO T96 1 per source 1 per source AASHTO T190 CP-L 3101 3 BID SCi IE0ULr North Weld County - North of State Highway 14 ITEM # ITEM QUANTITY MI PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC 24,000 TON $11.40 $273,600.00 Poudre Ponds Pit 1025 N. 25th Ave Greeley, CO 80631 Central Weld County — South of State Highway 14 & North of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE pit Location PER UNIT 703.03 C ABC 6 Up to 20,000 TON $11.40 $228,000.00 Poudre Ponds Pit 1025 N. 25th Ave Greeley, CO 80631 South Weld County — South of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT C Up to Poudre Ponds Pit 703.03 ABC6 0 TON $11.40 1025 N 25th Ave Greeley, CO 80631 B2300090 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 100 AM on March 23.2023: 1) Pages 1D thru 13 of the Bid Specifications. 2) W9, i= applicable. * 3) Anti -Collusion Affidavit. 4) Any fature Addenda must be completed. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current OW is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there his been a change. Failure to Include any of the above Items upon submittal of your bid may result In your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it nay be disqualified. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82300090. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and losal'taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the acoonpanying proposal sheets. 4. Tl-e signed bid submitted, all of the documents of the Request for Proposal contained herein (ircluding, but not limited to the product specifications and scope of services), the formal aceptance 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 byithe Chair of the Board of County Commissioners. 5, WeldCounty 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 WeldCounty. The bid(s) may be awarded to more than one vendor. FIRM J-2 Contacting Co., Inc BUSINESS ADDRESS "05 Coronado Ct. Unit A-101 CITY, STATE ZIP CODE Fort Collins, CO 80525 TELEPHONE NO (970) 392-0694 FAX (970) 392-0695 PRINTED NAME AND IT SIGNATURE Chris Leone, President TAX ID # 84-1346070 E-MAIL chrishaoe©j2contracting.com DATE 3 fz z- z3 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTYIS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS 093-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- 9. B2300090 13 SI CT1ON , ANTI -COLLUSION AFFIDAVIT Weld County I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount or This bid or, if not, that I have written aulhorteatlon. enclosed herewith, from Thal person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that: 1 The price. and amount or this bid have been arrived al independently. without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the prices} nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to hid opening 28 Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm 3A No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid 38 No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with. or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom petitive or other form of complementary bid. 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person. or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other profeei. in Consideration for an agreement or promise by any firm or person to refrain horn bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 8 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person. whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high. noncompetitive or other form of complementary bid, or agreeing or promising to do so. on Ibis protect 7 I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusioft or other conduct inconsistent with any nl the statements and representations made in this affidavit 8 I understand and my firm understands that any misstatement m this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts feta, to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE. AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE J-2 Contracting Co., Inc iii Chris Leor President J/Z2,43 Sworn to before me this -2 .2 day of 7,,, March 12, 2025 NOTE; This document must be signed In ink. -NbR� C18HIMA NS= l B it MY COMMISSION MKS MMGM 12,1025 so zo2-3 B2300090 19 Form W-9 (Rev. October 2018) t of 'Num, Internet Revenue '3erv4co Request for Taxpayer Identification Number and Certification I. Go to www.irs,gov/FomrW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. ro I, / Nartat (as shswrwn your income lax rot"). Noma is re.. on tttis Itno; do not leave inns kro Wank. !-2 Caoziri C:o, Inc 2 Business na arded entity name, if different from above P turns entities, payee any)r a:c<wnis ss 3 Check a sonata box for federal tax classification of the person whose name Is entered on line 1. Check PP P following semen kmxes. ❑ S Corporation ❑ Partnership (C=C corporation, S=S corporation,,Partnership) the tax classification of the single -member owner. that is disregarded from the owner unless the for U.S. federal tax purposes_ Otherwise, a single box for the tax classification of its owner. only one of theLE ❑ Trust/estate ►for codes a I onl to ( PPY Y noions on pa codn from FAC mxnttructions. (optional) Do not checkion owner of the LLC Is -member LLC thapropriate Requester's name 105 Coronacc Ct. Unit A-101 B City, stale, atad 28, code Fort Co))ins,Ca $0625 7 List account rotnt or(s) hoe (optional) axpayer Identification Number (TIN) Enter your TIN in the sppropdate box. The TIN provided must match the name given on tine 1 to avoid backup withholding. Forindividuals, thla is generally your social security number (SSN). However, for a resident alien. sole omtprfetor, or disregarded entity, see the instructions for Part I, later. For other entitles, it is your emdowsr identification number (EIN). If you do not have a number, see blow fo get a TIN, later. Note: If the account is irmore than one name, see the instructions for line 1. Also see What Name and Number To Give the Aegpester for guidelines on whose number to enter. ion Certification Under penalties of pegur0. I certify that: 1. The number shownonehis form Is my correct taxpayer identification number (or I am waiting fora number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I emesub)ect to beobcp withholding as a result of a failure to report ail interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen sr ether U.S. person (defined below); and 4. The FATCA code(s)entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification InstructirnaEYou must cross out item 2 above if you have been notified by the ffiS that you are currently subject to backup withholding because you have failed to repot elf interest and dividends on your tax return. For reel estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Pert II, later. Sign slymatvre. taw 1/ Here u.s. pasty ► G J Sects' security number iii Employer identification number 4 3 4 6 0 General Insituctions Section references are to the Internal Revenue Code unless otherwise noted. Future developments For the latest Information about developments related to Form W-9 aid its instructions, such as legislation enacted after they were pubiislmd, go to www.irs.gov/FormW9. Purpose of Fcrfs An individual or entity Foam W-9 requester) who is required to flle an information return with the IRS must obtain your correct taxpayer iderttticafion number fIN) which may be your social security number (SSN), individual taxpayeiodentification number (111N), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an inlomation return the amount paid to you, or other amount reportable on to ieformation return. Examples of Information returns include, but are net limited to, the following. • Form 1099-INT (intersst earned or paid) Data la 1/02/2023 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-8 (Rev. 10-2018) Page 2 Ely signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you area U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you area U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form tl It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you area U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you area foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-6 or Form 6233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you area U.S. resident alien who Is relying on an exception contained in (beaming clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufiielent facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you area nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: t. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you area C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2a-8) Page 3 Criminal penalty far falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of T'Ns. IF be requester discloses or uses TINs in violation of federal law, the regeester may be subject to ctvlt and criminal penalties. Specific Instructions Line 1 You must enter one.f the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 ie fora joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of lie parson or entity whose number you entered In Part I of Form W-9. R you are providing Form W-9 to an FFI to document a joint account, r act holier of the account that is a U.S. person must provide a Form W -9r a. Individual. Geoertly, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA: oof the name change, enter your first name, the last name as shown on pursocial security card, and your new last name. Note: 'TIN applicant: Eater your individual name as it was entered on your Form W-7 applcaton, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sale proprietor or single -member LLC. Enter your individual name as shown on }pun 1040/1040A/1040EZ on line 1. You may enter your business, trader or "doing business as" (DBA) name on line 2. c. Partnership, LC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return online 1 and any business, trade, or DBA name on line 2. d. Other entities. =nter your name as shown on required U.S. federal tax documents on lira 1. This name should match the name shown on the charter or other legalldoaument creating the entity. You may enter any business, trade, or D4,A name on line 2. e. Disregarded milts. For U.S. federal tax purposes, an entity that is disregarded as an errtity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iil). Enter the owner's name or line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the i-mane tax return on which the income should be reported. For examp e, if a foreign LLC that is treated as a disregarded entity for U.S. fedora tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of tie entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's Ramie on tine 2, "Business name/disregarded entity name." If the owner ed the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case evenif the foreign person has a U.S. TIN. Line 2 If you have a busines name, trade name, DBA name, or disregarded entity name, you mat enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the parson whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 is a(n) ... THEN check the box for ... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an Individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or (P= Partnership; C= C corporation; or S= S corporation) • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions f you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 my code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, induding interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 —An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 453(b))7) if the account satisfies the requirements of section 401(8(2) 2 —The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5--A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9 —An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev. 10-2019) Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for .. Wrest and dividend payments THEN the payment is exempt for... All exempt payees except for 7 Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following cogs identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line fora FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B —The United States or any of its agencies or instrumentalities C —A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D —A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-t(c)(1)(i) E —A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F —A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G —A real estate investment trust H —A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J —A bank as defined in section 581 K —A broker L —A trust exempt from tax under section 664 or described in section 4947(s((1) M —A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you area resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you area sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you area single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLD is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application fora Social Security Card, from your local SSA office or get this form online at www.SSAgov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (FIN) under Starting a Business. Go to www.irs.govfForms to view, download, or print Form W-7 and/or Form SS -4. Or, you can go to www.irs.gov)OrderForms to place an order and have Form W-7 and/or SS -4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply fora TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 80 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you area U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. Fora joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018) Page 5 1. Interest, dividend, and barter exchange accounts opened before 1984 and booker accounts considered active during 1983. You must give your contact TIN. but you do not have to sign the certification. 2. Interest, dividsnd,broker, and barter exchange accounts opened after 1993 andtbroker accounts considered Inactive during 1883. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the squealer, you must cross out Item 2 In the certification before signing the form. 3. Real estate ore nsmtions. You must sign the certification. You may cross out item 2 of time certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the cerlficatlon unless you have been notified that you have previously gives am incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties. goods We, than bills for merchariase), medical and health care services including payments to corporations), payments to a nonempknyee for services, payments made in settlement of payment card and third party network transactions, Pay... certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of second property, can®lletkm of debt, qualified tuition program payments (under sadist 829), ABLE accounts (under section 5281), IRA, Cowrdell ESA„Ardher MSA or HSA contributions or distributions, end pentelon distributions. You must give your correct TIN, but you do not have to sign the certification. What Name aid Number To Give the Requester For this type (demount: Give name and SSN of: 1. Individual 9. Two or more individuals(Joint account) otherthanan account maintained by an F. 3. Two or more U.S. persons (joint account maintained by an FE 4. Custodial account of a nrinor (Uniform Gift to Miners 5yt) 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust ender state law 6. Sole proprietorship or diregarded entity owned by an:divdual 7. Grantor trust filing urderriptional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) f8) The Individual The actual owner of the account or, if combined funds, the first individual on the account' Each holder of the account The minor' The grantor -trustee' The actual owner' The owner' The grantor' For this type of account: Give name and EIN of: 8. Disregarded entity net owned by an individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on form 8832 or Form 2553 11. Association, club, refigioas, charitable, educational, or other tax- exempt organization 12. Partnership or multi-merr>ber LLC 13. A broker or registered nominee The owner Legal entity° The corporation The organization The partnership The broker or nominee For this type of account: 14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments Give name and EIN of: The public entity 15. Grantor trust filing under the Form The trust 1041 Filing Method orthe Optional Form 1089 Filing Method 2 (see Regulations section 1.671-4(b)(2Hi)(B)) ' List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be famished. ' Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the Hants of the trust, estate, or pension trust. (Do not famish the TN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. 'Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk dues to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018) Page 6 The IRS does not initiate contacts with taxpayers via °mails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingairs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-386-4484. You can forward suspicious °mails to the Federal Trade Commission at spam®uce.gov or report them at www.ftc.govicomplaint. You can contact the FTC at www.ftc.gov/Idth43 or 877-IDTHEFT (877-438-4338). if you have been the victim of Identity theft, see www.ld°ntityThefhgov and Pub. 5027. Visit www.irs.gov/ldentityThef to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Contract Form New Contract Request Entity Information Entity Name. 32 CONTRACTING Contract Name. CLASS 6 SUPPLY Contract Status CTB REVIEW Entity ID* `',00003232 Contract Description SUPPLY CLASS 6 FOR ROAD CONSTRUCTION PROJECTS Contract Description 2 Contract Type. AGREEMENT Amount* 3228.000.00 Renewable* YES Automatic Renewal Grant ICA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PubltcWorks- DeptHeadAweldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKERAGO. WEL©.CO, US ❑ New Entity? Contract ID 6940 Contract Lead RG RAVES Contract Lead Email rg rave s,`r we l dgov. co m Requested ItOCC Agenda Date. 0511012023 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05x'06,,2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 62300090 If this is a renewal enter previous Contract ID If this is part of a MSA enter NSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date. 01=15,2024 Termination Notice Period Renewal Date. 04;1012024 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 05'04;2023 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 05;04,=2023 0504'2023 05 04 2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05;'10,2023 Originator RGRAVES Tyler Ref # AG 051023 Cor4� WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & VARRA BUILDINGS INC ROAD BASE SUPPLY - CLASSL6 THIS AGREEMENT is made and entered into thiy v day of MAY, 2023, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Varra Buildings INC, a corporation, who whose address is 14440 County Road 100, Suite 1 Nunn, CO. 80648, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor Road Base Supply — Class 6 as described in Exhibit A and B, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A and B, of which forms an integral part of this Agreement. Exhibit A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300090. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in -Acitr66- 5/1o/Z3 6/%3 2023-6T13 E- UM 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 execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (l) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $192,000.00 which is the bid set forth in Exhibit A. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by forma! resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit A. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein 'fhe Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the F, -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating thatthe County will be notified ofany reduction, loss, or modification to covexage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (l 0) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Varra Buildings INC Attn.: Owner Address: 14440 CR 100, Suite 1 Nunn, CO. 80648 Address: E-mail: nick@varrabuildings.com Phone:970-897-2484 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Ronald E. Graves Position: Weld County Road and Bridge Construction Supervisor Address: 1111 H St. Greeley, CO 80632-0758 Address: P.O. Box 758 Greeley, CO 80632-0758 E-mail: rgraves@weldgov.com Phone: 970-400-3787 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 28. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 32. Attorneys I:yeti/Lean, Costs, A the event of a dispute between Cou nty and Contractor, concerning this Agreement, the parties agree that cash party shall be responsible flit the payment of attorney fees and/or legal costs incurred by or on its own behalf: 33. Binding Arbitration Prohibited: Weld County does not agree A binding arbitration by any extrajudicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and H, 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. Ebb WHEREOF, the parties hereto have signed this Agreement this /v� day of �/f. _., 2023. By: ' u c� .. Date Name: NIL A - Tale: ar73 BID REQUEST NO. B2300090 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: CLASS 6 ROAD BASE SUPPLY (With Renewal Options for 2024/2025) March 2023 Weld County Public Works Division of Road and Bridge P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 B2300090 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2022 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Notice to Bidders 3 Invitation for Bids 3 Instructions to Bidders 4-9 *Scope of Work, Specifications, and Bid Schedule 10-13 ""Supply Contract Bond 14 *IRS Form W-9 15-18 *Anti -Collusion Affidavit 19 **Notice of Award and Acceptance of Notice 20 WELD COUNTY CONTRACT FORMS: **Low Bidder must submit these forms upon to Contract Award. B2300090 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MARCH 9, 2023 BID NUMBER: #B2300090 DESCRIPTION: CLASS 6 BASE SUPPLY (NORTH, SOUTH & CENTRAL WELD COUNTY) DEPARTMENT: 32300 ROAD & BRIDGE CONSTRUCTION BID OPENING DATE: MARCH 23, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: CLASS 6 ROAD BASE SUPPLY NORTH, SOUTH & CENTRAL WELD COUNTY Bids will be received until: March 23, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 23. 2023 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 644174532 PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County: A. Emailed bids are required. Email bids to bids(6tweldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B2300090 3 B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in 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 Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 3O-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant those funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential B2300090 4 information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. B2300090 5 J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants those services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 82300090 6 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement This Agreement is nonexclusive, and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of B2300090 7 any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy B2300090 8 shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence. $1,000,000 general aggregate. $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. B2300090 9 Class 6 Road Base Supply Weld County has various projects across the county. The intent of this bid request is to establish three (3) sources of Class 6 road base at locations that are geographically favorable to the County for upcoming projects. The bid, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the road construction projects within Weld County. All pricing should include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all road base will be by Weld County personnel. A supply bond will be required for each award (for the awarded amount). GENERAL CONDITIONS AND SCOPE: 1. The contractor will follow all rules and regulation stipulated in the permit for the site. 2. Project time will be from April 2023 through April 2024. 3. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 4. Certified scales are required. 5. 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. All tickets must be legibly signed by a Weld County employee. 6. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) ➢ Air Pollution Permit (for crusher unit) 7. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 8. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from multiple bidders based on plant location. 9. The specification for material supply shall be in accordance with the 2022 Colorado Department of Transportation, Standard Specification for Road and Bridge Construction, 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 Works Department. 10. Class 6 shall meet the gradation of CDOT table 703-2, R -value of 69 or greater Los Angeles wear test not to exceed 40% loss, the liquid limit shall not be greater than 30 and the plasticity index shall not exceed 6. All material shall be free of vegetative matter and lumps or balls of clay. 11. 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. 12. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors 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. B2300090 10 TERMS AND CONDITIONS: This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each contract year. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the material contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. Weld County Contacts: Questions related to the project and procedures should be directed to: Ron Graves — Road and Bridge Construction Supervisor Weld County Public Works (970) 400-3787 rgraves@weldgov.com Duane R. Naibauer — Deputy Director Weld County Public Works (970) 400-3786 dnaibauer@weldgov.com Revisions to Colorado Department of Transportation. Standard Specification for Road and Bridge Construction 2022: Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3 shall be revised to include the following: One day's placement will be considered a lot, once a lot reaches 2,000 tons that lot will be divided into sub - lots. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the standard specifications is hereby revised for this project as follows: Section 106.03 shall be revised to include the following: 1) Sampling and testing will be done in accordance with table 1-A Weld County reserves the right to select random sample from the stockpile at any time. QA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30/4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for price reduction based on section 105.03. Frequency Sampling and Testing Schedule Type of Test QA Sampling and testing QC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO 127 and CP 31-19 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 B2300090 11 1 per source 1 per source 1 per source 1 per source 2023 BID SCHEDULE North Weld County — North of State Highway 14 AASHTO T96 AASHTO T190 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC 24,000 TON Central Weld County — South of State Highway 14 & North of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 20,000 TON South Weld County - South of State Highway 34 ITEM # ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location PER UNIT 703.03 Class6 ABC Up to 0 TON B2300090 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on March 23, 2023: 1) Pages 10 thru 13 of the Bid Specifications. 2) W9, if applicable. * 3) Anti -Collusion Affidavit. 4) Any future Addenda must be completed. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2300090. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 9. 82300090 13 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (Here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (Here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obliged, (hereinafter called the Buyer), in the just and full sum of (Here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this day of , 20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) B2300090 14 Far w-9 IRw. Nsvarnhi 2005) Request for Taxpayer Identification Number and Certification Dive form to the r•ryu•slar, Do not send to the iR6. 8 Nina Ina ahovan on roar i :A no to eahrr4 aunana Hung K ceiro arrr morn show mdwla.atr Chodr spproptre bac ❑ aor prop MI= ❑ Carpandim Pimirap are ❑euimpt man tacrup waroiang Aae•ai frarnbar, emit and apt or auto no.) cry, stabs, and ZIP coda RaQrsri's rents and addram ,pnoran LYt moot. numb, hen taPtbnsQ • Taxpayer Identification Number (TIN) Enter your TN In the appmprtate bon. Tiro TIN provided must match the name given' on une / to armkr backup wlthholdtlg. For ItotddM.* , this Is your soda) security number (35114). However, foramen.* Men. sole propnelwr, cc asregalded entity. see the Part I Instructions on page 3. For other entitles. tt ie your empoyef IdeMinceti0n number (EN). R you do not ha. a number. see Flo* * get a tenon page 3. Mote. It>tte woo.es In more then one nerve, see the chart an page d ror gftlelnes oat *nose I Brrp w lrr+ n I number to enter. l LOU Certification under peneiees or perjury. I cerrfy that: 1. The turracer shown on this Sim la my anneal taxpayer eennf2aaon number (or I am w'elling fora number to be mead to vale), end 2. ram not subject to backup ettht.Mg because (O 1 an aernpt from t miwp wrtirdding. Or (b) I Mee not been ntttled ty lute Internal Revenue Service (IRS) that i am subject to eecliup wlthnoldIng as a mutt of a tenure to report all Intareet or dividends. or (c) the IRS ties nattted me ihat r am no longer subject to backup wtahtwldng. and 2. I am a U.S. person ptsucsng a U.S. lealdeert alert. Certtic•tbn btettttollals. You must cross out (tern 2 above tt you tieoe been neli ted by the IRS that you are currently subject to Oaektp **Molding because you have tared to sport all Interest and WNidends an you tree return For real estate Ra sectors, Rem 2 cares not appy. For mortgage Interest petd, eoqutetbn or etencteitment or sewred property, canoelaeon of debt, contributions to an Indtqual rattetn arrangement (IRt), and generally, peryrnents other flan ltterest and d0denst, you are not ragddred to sign the Certlsceten, but you must provide your correct TIN. Bee Ice Instructors an page A) Sign Nero u.e pwaon ► eoorsr asourllr, number II1-IllII or Purpose of Form A person who ie required to file an information ratan with the IRS, man obtain veer cannot taorpayer identification nurnbar (Tlti) to report for enemple, income p•Id W you. reel eeitate tr sZl erta, rrtortgega Interest you pate . rooTTSfirg or abandonment of seared property. cancellation of debt or oontributione you made to an IRA. U.S. person. Uee Fort W -t3 only if you ere a U.B. person Qrtoludrtg a resident aliens, to provide your correct TIN to the person requesting it (the requester) arid, when applicable, to: 1. Certify that the TIN you ere giving Is correct on you are wafting for a number tb be issued. 2. Certify that you are not subject to backup withholding, or 3. Claim ewernpdon from backup wlthhoiding If you are e U.B. attempt payee. In 3 above, if appleabie, you are also cartffyingg that as a U.B. person, your allocable share of any partneret+ip Income from a U.S. trade or business le not subject to the withholdng tax on foreign partnere' share of effectively connected Income, Note. If a requester ghree you a form other than Form W-9 to request your TIN, you meet use the requeetet s form If it le •Lbatentieliy similar to this Flynn W-9. For federal ta►c purposes, you are conekleted a person if you are: • An IndMduel who le a citizen or teeident of the United State. • A penrterehip,caporetbn, company, or aeeoolatton created or organ iasd In the untied States or under the levee of the United Smtae, or • ,Any estate (other then a foreign estate) or trust See Regulatione secdone 301.7701-Sa) and 7 s) for additional Sp•dal rules for partnerships. Partnerships that conduct a trade or business in the United States ere generally required to pay a withholding tebe an arry foreign perinera' ahem of trtcorne tom such buafneea. Fwther, in oertsirt esese where a Form W-0 has not been received, a partnership Is reIJred to wittitoiu reene theta g person. and pay the direp tax. The sf ealf you are a U.B. person diet le a partner In a partnership conducting a trade or buettees In the United States, provide Form W-9 to the partnership to establleh your U.B. statue and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of eutebllsldng its U.S. status and avoiding withholding on Ice allocable share of net income from the partnership conducting a snide or business In the United States ie in the following ceases; • The U.S. owner of a disregarded entity and not the entity. CAL No. .3. Fonn-� (Rev. t1,ZOD5i 52300090 15 Fo. 11,2006) Pr, 2 • The U.S. grantor or other owner of a gatr au, trust and not the trust, end • The U.B. trust (other then a grantor trust) and not the beneficiaries of the trust Forarpn penal. ti you are a foreign persona, do not use Forrn W-4. Instead use the appropriate Form W-8 (see Publoadon 515, Velthholdh g of Tax en Nortreefdent Arlene and Fcnign Entitles). Nonresident alien who become. a resident mien. Generally, only a norreeident ellen Individual may one the teems of a tax treaty to reduce or ellnirete U.B. tee on oerisin types of income. Ha r er., meet tax treed.. contain a provision- known ate a "awning dates." Exceptions specified In the salving d.uee may permit at.e.rrption from trot to continue for certain types of lnoorno even after the recipient has otherwise become a U.S. redden ellen for tact purpos., If you are a U.S, resident alien who I. relying a1 en tampion c©etteheed in the saving deuce of a tax treaty to claim an exemption from U.S. tax on o•rtain types of Income, you must attache statement to Form Wei that specifies the following five kerne 1. The treaty country. Centrally, this suet be the same testy under which you claimed euternpdnn from on as e nonresident ellen. 2. The treaty article edcteeeing the Income. a The article number (or location) in the tax treaty that contain the easing clause and its exceptions. 4. The type and amount of income that quelifae for the exemption from tee. 5, Sufficient facts to juetny the exemption from tats under the terms of the treaty article. Exanpfa. Article 20 of the U.S.-China income tees treaty allows an exemption from tax for echdarelip income received by a Chinese eO,rden t temporarily present in the United Stab.. Under U.S. law•, thin student will become a readmit alien for ban pu If hie or her stay in the United Bastes exceeds 6 cal r years. However, paragraph 2 of the trot Protocol to the U,S.-China treaty (dated April 30, 1884) allows the pro1Aeionc of Article 20 to continue to apply even after the Chinese etudent becomes a resident alien of the United States, A Chines student who quelltloa for die exception (ruder paragraph 2 of the fret protocol) end is relying cn tithe exception to cdaem an evernpdon from tax on hie or her echoletehlp or fellowship Income would attach to Form W-0 a statement that includes the information deecribed above to support that exemption. If you are a nontoefde et ellen ore foreign entity not subject to backup withholding, give the requester the appropriate aorrtpleted Foray W-8. What is backup withholding? Peron making certain payments toyou must under certain oondidoeee withhold end pay to the IRS 28% of such payments (after Decernber 31, 2005. This is celled 'backup withholding.' Payments that may be et,bject to backup withholding include interest, dividends, broker and barter exchange trensecdons, rents, mettles, nonempioyee pay, and certain payment. from fishing boat operators. Real estate trarteaeticne ere not subject to backup wtthltoi ling. You wit not be subject to backup withhakling on payments you receive If you give the teque ter you correct TiN. make the proper certifications, and report all yr tatablo interest and dividends on your tee rettm. Peyrnenee you receive will be subject to backup withholding if: 1. You do rot furnish your TIN to the requester, 2. You do not certify your T1N when required (see the Part II Iretrucdana un page 4 for details), 3. The IRS tells titre requester that you furnished an Incorrect TIN, 4. The IRS tale you that you are subject to backup w ithholding because you did not report all your interest and dividends on your tax rearm (for report interest and dlvidende only), or 5. You do not certify to the requester that you are rot subject to backup withholding under 4 above (for reportable Interest and dividend ecoouatte opened after 1983 wily). Certain payees and payment. are exempt from backup withholding. See the instructions baker and the •epmete Inetr drone for the Requeeter of Form W-9. /deo see Special rurde regarding partet nPoa on page 1. Penalties Fake. to furnish TIN. If you fail to furnish your correct ON to a requeatar, you are eubjeot to a penalty of $50 for each such failure unless your failure le due to reasonable cause and not to willki neglect CM penalty for false intorntation with respect to withholding. If you make e false statement with no teaeoneble bade that reeulte In no backup wdthholdrg, you are subject to a $600 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications Cr affrrnadone may subject you to criminal penalties Including fines end/or Irriorlaorrnent. Misuse of TNe. If the requester dlecloeea or uses TINS in violation of Isabel law, the requester may be subject to civil and criminal N.M. Specific Instructions Name if you are an Individual, you must genemlly.neer the name shown on your income tat teem However, if you have charged your last name, for Instance, due to marriage w ithout informing the Social Security Adminletredon of the name change, enter your first name, the last name shown on year social security card, end your new last name. If the account le In joint manage, list fret, and then dare, the mama of the person or entity whose number you entered In Part I of the form.. Sole proprietor. Enter your individual name es shown on you Income te.a stun on the 'Name' line. You may enter your buelneea, Sede, or 'doing bwelnees .e (DEA)' name cn the'Buaineoe name' line. Limited Inability company (Lid). If you area single -member LIE (including a foreign LW with a domestic owner that le disregarded en an entity eepe►ate from rte owner under Treasury regulation sectbn 301,7701-9, enter the ormer'a name on the 'Name" line. Enter the LLC'e name on the ' Bueineee name' line. Check the appropriate bog, for your filing eta. (sole proprietor, corporation, etc.), then check the box for "Other' and enter'LLC' h the apace provided. Other entities. Enter year buadneae name ee chasten on required federal tax documents on the 'Name' line, The name should match the name ehortm on the charter or other legal document creating the entity. You may inter any business, trade, or DEA name on the 'Busirtseaname' Ilne. Note. You an requeeed to check the appropriate box fern you statue (Indviduelteole proprietor, caporedon, etc.), Exempt From Backup Withholding If you are exempt enter your name ate deacribed above and check the appropriate bait for your statue then check the ' Exempt tom backup withholding' bon in the lime following the buunaaa nanny;, ago sod date the form. 62300090 16 Farm WA (Raw. 11-2Oo6) Fags 3 Generally, individuals (including sole proprfeto e) cue not exempt horn backup withholding. Corporations are exempt from backup withholding for certain payments. such es IntereeR and dividends. Note„ If you ere exempt from backup withholding, you should still complete tie form to avoid possible erroneous baclago withholding. Exempt psyese. Backup withholding is not required on any payments made to the folIowtg peryeee: 1. An organization exempt from tea under section 501(a), any IRA, or a custodial account under section 41191b)(7) If the account satisfies the requirements is of section 401(10. , 2. The United States or any of its agencleu cr Inetromentafi0ee, 3. A state, the District of Columbia, a poeeeeeion of the United States, or any of their political subdivisions a Inelnmsnteiltlee, 4. A foreign government or any of its political uubdfviebne. agencies, or instrumentalities, or 5, An international organization or any of Ito agencies a Ire nznentsfltleo.Other p that rray withholding includes be exempt born backup 6. A corporation, 7. A foreign central bank of beaus. B. A dealer in oecuritlee or commodities required to regleter in the United States the District of Columbia, or a poeseeebn of the United States, 0. A futures commission merchant registered with the Commodity Futures Treeing Commission, 10. A real e.Cate Investment trust, 11. An entity registered et all timee during the tax year under the Inveetrnent Company Act of 1940, 12. A common trust fund operated by a bark under section 504(0), 13. A tlnancial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from taw under erection 664 cr described in section 4947. The chart below shower types of payments that may be exempt from backup withholding. The chart app9.o to the exempt recipients listed above, 1 through 15. IF the payment le tor ... THEM the payment le exempt Interest end dividend payments Vllr9empt dpleda except euore Broker transactions Exempt recipients 1 through 10. Also, a person registered under the In nit Advisers Act or 1940 who regularly acts as a broker Bator 00010nga Gffir�ctiou srtd p00.1.9.00490000 Erempt recipients 1 through I Payments over 9800 required to be repo to i aid direct sales over 15.000' Iteneraty. Pr" oo f50 to 1 Ctrough 7' sass Fame 10.041611130, Miacolrwcua hccon. and ass rrrrnx-rbna. 'Macaw, the blowhg pymorna made to a oorparrlronfnouehg gross praauw pakl to an attornyn udad er radian 46145(1), own r ens Morn ay b a =monitor. ar4 sport... on Form 10D1}MIee ro nar aaorrpt warn backup withhold,: medical and heal. caw pymer., altornoya' teas; end pymants for earvlova paid by a redarar a1wovlioo ogoncy. Part L Taxpayer identification Number (TIN) Easier your TIN in the appropriate boot. H area resident alien and you do not have and are not toget an 9814, your TIN is your IRS Individual toopayar titration number OT1Fp. Enter It in the nodal security number tax. 0 you do not trews an IT1N, see How to get a 71Nbekrw. M you ere a sole proprietor and you have at E1N, you may enter either your SSN or EIN. However, the IRS pre ots that you use your SON. if you are a oingie-owner LLC that le disregarded ea an entity separate from Ito owner tees Limited labigly company (LLC) on page 2), enter your SSN (or EIN, If you have one). If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note. See the chart on pegs 4 for further clarification of name and TIN oo,tdoko done. Now to get a TN. If you do not have a T)N, apply for orla immsdiatdy. To apply Aar an SSN, get Form 5045, Application fora Social Security Cod, from your bud Social Security AdminieUstion office or get title fomt online at www wolsissoriy.gov. You may also get this form by calling 1-000-772-1213. Use Form W-7, Application for IRS hdividual Taxpayer Identification Number, to apply for an TIN, or Form BS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online �accessing the IRS websits at www.,ioq,ontuteroesees end stoking m Employer ID Nurnberg girder Belated Topics. You can get Farm. W-7 and SS -4 from the IRS by viettlng www.kag000r bin calling 1 -000 -TAX -FORM (1-000-029-3676). If you are asked to complete Form W. but do not have a TIN, write Applied For' in the apace for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments. and oertein payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give it to the requester before you are .ubiect to backup withholding on payments. The 60'd.y ere does not apply to other types of payments. Ybu will be eubieot to heoko p withholding on all such payments until you provide your TIN to the requester. Note. Writing 'Applied For' means that you have already applied fora TIN or that you intend to apply for one soon. Caution: A dtareoerded domastle entry that hoe a foreign owner must use the iwapropriet. Farm W -a B2300090 17 Forth W-0 piss. 11-29061 Pogo 4 Part II. Certification To establish to the withholding agent that you are a U.B. person, cc resident ten. sign Forth W-9. You may be requested to sign by the wiriholdng agent even if items 1, 4, and 6 below Indcate otherwise, Fora Joint account, only the person whose TIN is those In Part I ahotld sign (whet regtirec$. Etcempt roclpienhs, see Exempt From Backup 14/ .. r rot page 2. reguirees.ete, Complete the certification as aped kn 1 through 6 below. 1. Interest, dividend, and barter exchange accounts opened before 1904 end looker accounts considered entice during 1903. You must give your contact TIN, but you do not have to sign the certlfcettbn. 2. Interest, dividend, broker, and barter exchange accounts opened afar 1903 std broker accounts seen iideeed iraaetius during 1003. You nu et sign the certification or bostap withholding will apply. If you are subDot to backup withholding and you sire merely providing your correct TIN to the raqueetsr, you mud ctoee out item 2 In the certification before dgnirg the form. 3. Real estate transactions. You must sign the certification. You may curse out item 2 of the certlflcsdon. 4. Other pe enente. You must glue your convict TIN, but you do not have to elfin the certification unieee you haws been notilted that you have previously given sn Incorrect TIN. "Other payments` Include paymenntr made in the course of the requeeterie trade or business for yenta, royalties, goads (other than bills for rnerchandlee(, medical end health care servnooenernployee htn , payments to certng to an g boots its' members and fiehermen, end grass proceeds paid to attorneys (Including payments to corporetbne). 5. Mortgage interest paid by you, acquisition or abeede event of secured property, cancellations of debt, qualified tuition program payments (under section Imo, INA Cowrdell ESA, Archer MBA ar MBA eontributiem en distributions, and pemion distributions. You must glue yeti ceerect TIN, but you do not have to sic" the oertf cation. What Name and Number To Give the Requester For thk typa or oosourrt 1. IndNduei 2. Unto or more atlases pint account) 3. Cabo -Mon account of a minor Willem Girt to Mirtars Act) a a. Tne usual revocade s=tings trtust (grantor le also trustee) b. So-called trust lux.. Mot la note legal or val. test under state taw 0. Sole praprtetotahlp or single -owner LLC Ole name and UN of The Iroltv.el The =cool comer or the'mourn or, If cornbhed itnds, Ilia drat imams on the woo.' The minor' The grartar-testae The actual owner' The owner' For that qeo or seeoutk 0. Sine praprtetotahp or ahgiocamer LLC 7. A send tout estate, cr pension trust 8. Corporate or LLC electing corporate statue on Form 8032 a. Assoceton, MO religious, ch®rtteble, educational, or alter taco-auerpt organ...Jon 1 Q Partnership or multi -reenter LLC 11. A broker or registered nomhee 12 Amaurrt with the Department at Agriculture et the none of a pubic witty pathasa state or local government wroth district, or prison) that reuotoes agbollhinal progress payments O. nano and MN et The owner' Legal entity' The corporation The 9rgernbollon The petra'snp The broker or nominee The pull. entity 'urn tFat net ado tha name ur the portal etyma number you Nml. onto ono parson an a Joint anomie has s100M, that person, rurbor must ba VnNhsd. a Cac[s etia nYnar's nano and r�rnNh tl'na rime's sent. �'>Fou moat rttaw ygr.r tndvlrltN rams and you may era rraar oar beta tX 'OBA' rams an Ina whorl ntrY, It s. You may au aattsr oats sent or 8N ft you have or,. n you area eats isupdator, Fie you io uaw ywr sew. ' Llat tttt and atsI Its nano attho lags! true, sataa, air person hue. pDo nut Until tha TIN or the peraansl rsproaertotu or tuetta oases the laity arrttty e=ar la not depaetsd In lea meat. eunp elo ese goocbl sto anpsgal. Note. if no name ie circled when more than one nerve is listed, the rxrnber will be consideod to be that of the first name listed, Privacy Act Notice tsaotloer 6104 of the Internal Revenue Cede racykae you to provide your correct TIN CO persona who must file information returns with the IRS to report Interest dividends, and certain other income paid to you, mortgage interest you paid. the acquidt on air abandonment of secured property, cancellation of debt or contributions you made to an IRA, or Archer MSA air HSA. The IRS uses the rrsnbers for identification purpoeee and to help verify the accuracy of your tex return. The IRS miry oleo provide this information to the Department of Juefa for civil and criminal litigation. and to ones states, tM District of Columbia, and U.S. poeeeaaione to carry out their tat[ Bee. We may also dlecbee this Information to other cot.rniee under a trek treaty, to federal and etate agencies to enfrcrce federal rein for criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You muet prrukle your TIN whether or not you are required to fee a to return. Payers must generally auithhdd 28% of N eeble Interest dividend, and certain other payments t3 a payee who done not give a TIN to payer, Certain penalties may alto apply. B2300090 18 SECTION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3k No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person. or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project. in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid. or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my hurt with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. 28. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. cony 4f0(S ttrtit Or tpmp�ft}' R Sworn to before me this day of, NOTE: This document must be signed in ink. 19 82300090 19 NOTICE OF AWARD Class 6 Road Base Supply To: Project Description: The project, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the re -graveling of roads within the north, south and central areas of Weld County. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2023. Weld County, Colorado, Owner By Duane R. Naibauer, Deputy Director ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2023. By: Title: (Title Attach valid Corporate Power of Attorney Form B2300090 20 Rose Everett From: Sent: To: Subject: Attachments: Nick Varra <nick@varrabuildings.com> Thursday, March 23, 2023 9:43 AM bids class 6 road base #B2300090 county bid 1.pdf Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Please accept this bid for north weld county I hereby waive my right to a sealed bid. Nick Varra nickl varrabuildings.com Varra Buildings INC Soaring V Fuels LLC 1444O County Road 100, Suite 1 Nunn, CO 8O648 C (97O) 692-0018 I O (970) 897-24841 F (97O) 897-2468 www.varrabuildings.com www. soari ngvfuels.com Class 6 Road Base Suppttr Weld County has various projects across the county. The intent of this bid request is to establish three (3) sources of Class 6 road base at locations that are geographically favorable to the County for upcoming projects. The bid, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the road construction projects within Weld County. All pricing should include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all road base will be by Weld County personnel. A supply bond will be required for each award (for the awarded amount). GENERAL CONDITIONS AND SCOPE: 1. The contractor will follow all rules and regulation stipulated in the permit for the site. 2. Project time will be from April 2023 through April 2024. 3. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 4. Certified scales are required. 5. 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. All tickets must be legibly signed by a Weld County employee. 6. The Contractor shall follow all OSHA AND MSHA regulations_ The Contractor is also required to provide all permitting associated with the contracted equipment and labor. MSHA ID # (for crusher unit) APCD (State Health and Environment Department) i' Air Pollution Permit (for crusher unit) 7 Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 8. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from multiple bidders based on plant location. 9. The specification for material supply shall be in accordance with the 2022 Colorado Department of Transportation, Standard Specification for Road and Bridge Construction, 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 Works Department. 10. Class 6 shall meet the gradation of CDOT table 703-2, R -value of 69 or greater Los Angeles wear test not to exceed 40% loss, the liquid limit shall not be greater than 30 and the plasticity index shall not exceed 6. Ali material shall be free of vegetative matter and lumps or balls of clay. 11. 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. 12. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors 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. B2300090 10 TERMS AND CONDITIONS: This one-year contract is renewable for up to two (2) additional years. Material cost adjustments will be considered at the end of each contract year. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends, Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the material contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. Weld County Contacts: Questions related to the project and procedures should be directed to: Ron Graves — Road and Bridge Construction Supervisor Weld County Public Works (970) 400-3787 rgraves@weldgov,com Duane R. Naibauer — Deputy Director Weld County Public Works (970) 400-3786 dnaibauer@weldgov_com Revisions to Colorado Department of Transportation. S andard Specification for Road and Bridge Construction 2022: Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3 shall be revised to include the following: One day's placement will be considered a lot, once a lot reaches 2,000 tons that lot will be divided into sub - lots. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the standard specifications is hereby revised for this project as follows: Section 106.03 shall be revised to include the following: 1) Sampling and testing will be done in accordance with table 1-A Weld County reserves the right to select random sample from the stockpile at any time. QA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30/4,3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for price reduction based on section 105.03. Frequency Sampling and Testing Schedule Type of Test ' QA Sampling and QC Sampling and Verification testing (ASTM, AASHTO or testing Testing Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO ; 27 and CP 31-19 Atterberg Limits •d 1 per 2,000 tons I 1 per 1,000 tons T90 B2300090 AASHTO T89 and 11 LA Abrasion 1 per source 1 per source I AASHTO T96 [ R -value 1 per source 1 per source AASHTO T190 1023 BID SCHEDULE North Weld County - North of State Highway 14 ITEM ITEM i 703.03 Class 6 ABC QUANTITY uta ( PRICE PER UNIT 24,000 TON CP-L 3101 CONTRACT PRICE Pit Location $/ 92, aUv Central Weld County — South of State Highway 14 & North of State Highway 34 ,4vv,4ai Co ITEM i ITEM QUANTITY UNIT ; PRICE PER CONTRACT PRICE Pit Location UNIT Up to 703.03 CABC6 20,000 TON I 3� S South Weld County - South of State Highway 34 ITEM I # 703.03 02300090 ITEM QUA TITY 11Kr PRICE CONTRACT PRICE PER UNIT Class 6 ABC Up to D I TON 12 Pit Location DID SUBMITTAL INSTRUCTIONS; The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on March 23, 2023; 1) Pages 10 thru 13 of the Bid Specifications. 2) W9, if applicable. 3) Anti -Collusion Affidavit. 4) Any future Addenda must be completed. 5) All other items as requested in the Bid Specifications and/or Scope of Work. "A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #02300090. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM VARRA BUILDINGS INC BUSINESS 14440 CR 100 ADDRESS CITY, STATE, ZIP CODE NUNN, CO 80648 TELEPHONE NO 970-897-2484 FAX 970.897-2468 PRINTED NAME AND TITLE NICHOLAS VARRA, OWNER TAX ID # 20-1074074 SIGNATURE E-MAIL nick@varrabuildings.com DATE 3-23-23 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 9. 02300090 13 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, VARRA BUILDINGS INC as Principal, (hereinafter called the Supplier), NICK VARRA, OWNER (Here insert full name and address or legal title of Supplier) VARRA BUILDINGS INC 14440 CR 100 NUNN, CO 80648 and NICK VARRA as Surety, (hereinafter called Surety), (Here insert full name and address or legal title of Surety) NICK VARRA 14440 CR 100 NUNN, CO 80648 are held and firmly bound unto WOO Co* as Obliged, (hereinafter called the Buyer), in the just and full sum of $8.00 PER TON OF CLASS 6 kt AEA ASE (Here insert full name and address or legal title of the Buyer) WELD COUNTY, COLORADO 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 3-23 20 23 to furnish the following briefly described supplies: CLASS 6 ROADBASE 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 23 day of MARCH, 2023 (Principal) VARRA BUILDINGS INC. (Seal) (Title) OWNER (Witness) (Surety) NICHOLAS VARRA RENEE P0QTBU"r. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194030046 MY COMMISSION EXPIRES AUG 7, 2023 14 WR1 T1ON ANTI -COLLUSION AFFIDAVIT PHOJECTr.io B2300090 t0CATIor+ CLASS 6 ROADBASE NORTH CF STATE HIGHWAY 14 I hereby attest that 1 am the person rospansible within my fine for the final decision as to the price(s) and amount of this bid or, it not, that I have written authonzation, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1 The price(s) and amount of this lend have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder Or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any otter firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my (MI. 3A. No attempt has been made to solicit cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on the project, orb submit a bid higher than Is. bid of this firm, or any intentionally higb a non- competitive bid a other forth of complementary bid, 3B. No agreement has been promised or solicited for any other firm or person who is a fodder Or potential Or. bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this protect 4. TMs Did or my Ran is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, a inducement or solicitation by or from any firma person to sub. any Intentionally high, noncom- Peny* a other form of ...menhir,' bid. 5 My fine has not offered a entered Into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered. promised or paid cash or anything of value to any firm as passant whether in connection with this or any other project. in considerations for an sgroemenl a promise by say fin.n. poison to refrain from bidding or to submit any lhtentionally high. nonacxnpettttve or other form Of complementary bid or agreeing or promising to do so on 11us project. 6 My firm has not accepted or been promised any subcontract or agreement regarding tiro see, of ntatenists or semees to any first or person. and has not been promised or paid cash or anylhtrtg of vale. by any f ni ar person, whether M connection with the or sly °titer project, in oonsderation for my firm's submitting any gn. ilOnalty high, noncompetitive or otter form of complementary bid, or agreeing or promising to do so, on this Protect 7. thaws made a datgent inquiry of all members, officers, emptoyees, and agents of my Item with rssponslbitittes reraattg to the preparation, approval or submission of my Arm's bid on this project and have been sdvlsed by each of Thom that he or she has not pattirapated in any corttmunteation, consultation. discussion, agreernssd, collusion, or other condor! in©one+stent with any of the statements and representations made in lids atAdstIL B I understand and my firm underglasds that arty misalatomenl in Ihrs affidavit rs and rhea be heated as a fraudulent eortasatmant fn d the Cabmtto i spnrlment of Trwnsponation, of the true facts relating b submission of bids for this contract, I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AN Q COMPLETE TO THE BEST OF MY KNOWLEDGE. VARRA BUILDINGS INC m.vsdd. A m n mmprey nano iA pit Anera Sworn to before me this NOTE: This document must be signed in ink. vr.r 4 NICHOLAS VARRA OWNER day of, 19 RENEE PODTBURG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194030048 MY C0MMISI!0II EXPIRES AUG 7, 2023 3-23-23 B2300090 19 NOTICE OF AWARD Class 6 Road Base Supply To: VARRA BUILDINGS INC 14440 CR 100 NUNN CO 80648 Project Description: The project, in general consists of crushing, stockpiling and loading up to 44,000 tons of aggregate material for the re -graveling of roads within the north, south and central areas of Weld County. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ S8.00 PER TON shown in the Bid Schedule. or as You are required by the Instructions to Bidders to execute the Agreement within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law_ You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 23 day of MARCH 2023. Weld County, Colorado, Owner By Duane R. Naibauer, Deputy Director ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is he,!",cknailiffged by VARRA BUILDINGS INC., NICK VARRA € (Contractor) Dated this 23 day of MARCH By_ NICHOLAS VARRA _me_ OWNER . 2023. (Title Attach valid Corporate Power of Attorney Form 62300090 20 Form W-9 (Rev. October 2018) °apartrreni of the hsastry Internet Revenue Smite a ,r� Request for Taxpayer Identification Number and Certification I. Go to www,ks,govlFormW9 for instructions and the latest Information. 1 Name (as shown on your Inc.. tax return). Name Is retbrred on thu lino: tle not leave this onto blank. Varna Bulidings INC 2 Business nemWiaregvdedentity name, if dilferenl from above Give Form to the requester. Do not send to the IRS. 3 Chock appropriate box for federal tax classification of the person whose name is entered on Ilne 1. Check only one of the following seven boxes. ❑ IndtviduaUsole proprietor or ❑ C Corporation Q S Corporation ❑ Partnership ❑ Trust/estate single -member LLC E Lrrtittd Liability company. Enter the lea ties inset (C•C corporation, S -S corporal., P=esmit sts,s, WWI Cttadt tM spi oprete bar in the One "bore for Me to classification of tba angle -member armor. Oo not check LLC if the LLC a eiesersd es • single-msrnber LLC No le disregarded 'rum the ocher unions theowner of the LLC le another LLC that Is not ahrgtrded from the owner for U.S. federal tax purposes. Otherwise. a srgle•membsr LLG that dl ..dee from Ufa owner shotd0 check the "moon. box for tM tax ctaaitoxoon of Rs ovrrtu ❑ Other (au Instructions). 5 Atrdress'(ntrnber, street, and apt, or suite no.) See in•trutUons. 14440 County Road 100, Unit 1 City, state, and a, code Nunn, CO 80648 T UP account number(s) here (oprke. 4 Exemptions (codes apply only to certain entitles, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Requesters name and address (optional) • Taxpayer Identification Number MN) Enter your TIN In the appropriate bon. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, tide is generdy your social security number (SS ). However, for a resident anent. sole proprietor, or dleregarded entity, see the Instructions for Part I, fetes. For other ante., it is your employer Identification number (EIN). If you do not have a number, sea How to get TIN, later. Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name end Number To Give the Requester for guideirtes on whose number to enter. ea. seowity rtweb II 017 01714! Under penalties of perjury, I certify that: 1. The number shown on this form le my correct taxpayer identification number (or 1 am waiting fora number to be issued to me); avid 2. i am not subject to backup withholding because_ (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) !fret tom subject to backup withholding as a mutt of a Nliure to report ail interest a dividend.. or (c) the iii has nottltd mo Moat I em no longer subject tobackup vMhhokiktg; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification trtatrttegons, You must cross out Item 2 above If you have been notified by the IRS that, are currently subject to backup withholding because you have failed to report all interest and dividends on your tax +alum. For real *stets tnmactfofr, Item 2 does not apply. For mortgage ktfaest pert acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement strangentertt (IRA), and gem*, payments other than Intelsat and dividends, you are no required to Me cartlficatlon, but you must provide your mnact TfN. See the Instructions for part N. later, Sign Here p. ► / General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developrnente. For the latest Information about developments related to Form W-9 and its Instructions, such as teglstahon enacted after they were published, go to www.ftgov/ForroW3. Purpose of Form OO irdvidlul or entity (form W-9 requester) who Is required to fde an Information rotum with the IRS moat obWn your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITN), adoption taxpayer (dentONCatlon number (ATIN), or employer Identification number (EtN), to report on an information return the amount paid to you, or other amount reportable On an Information return. Exempiee of Mformatbn returns Include, but are not Ilmltad to. the following. • Form 1099-INT (interest gamed or paid) Date► 3— 2/. 2 3 • Form 1O99-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income. prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain ocher transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Fonn 1099-A (acquisition or abandonment of secured property) Use Fonn W-9 only it you area U.S. person (including a resident alien), to provide year connect T. If you do not return Form VH4 to the requester with a TIN your might bar subject to backup wtthhofrl/ng. Sao What is be.. wfthhotdtng, tafer. Gat. No. 10231X Form W-9 (Rev. 10-2018) Contract Form New Contract Request €n Entity Name* VARRA BUILDINGS INC Contract Name. CLASS 6 ROAD BASE SUPPLY Contract Status CTB REVIEW Entity ID* `1O0046933 Contract Description* SUPPLY CLASS 6 ROAD RASE FOR CONSTRUCTION PROJECTS Contract Description 2 Contract Type. AGREEMENT Amount* $192,000.00 Renewable * YES Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorksVweldgov.com Department Head Email CM-PublicWorks- DeptHead Aweldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKER' CO.WELD.CO.US ❑ New Entity? Contract ID 6941 Contract Lead. RGRAVES Contract Lead Email rgraves¢weldgov.com Requested BOCC Agenda Date 05;'1012023 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05/06/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP # * B2300090 If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Cc lutes Effective Date Notice Review Date. 01/15/2024 Committed Delivery Date Renewal Date* 04110.E2024 Expiration Date information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Proces Department Head .CURTIS HALL DH Approved Date 05'04,/'2023 Final Approval ROCC Approved 1OCC Signed Date BOCC Agenda Date 05/1012023 Originator RGRAVES Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approved Date 05,=04; 2023 Finance Approver CONSENT Finance Approved Date 05/04:'2023 Tyler Ref # AG 051023 Legal Counsel CONSENT Legal Counsel Approved Date 05,04'2023 MEMORANDUM TO: Board of Commissioners DATE: April 2, 2023 FROM: Curtis Hall, Director of Public Works SUBJECT: 2023 Class 6 Road Base Supply Bid, B2300090 The Public Works Department recommends the bid for Class 6 Road Base material for north Weld County be awarded to Varra Buildings, the lowest bidder, at a price of $8.00 per ton for a total anticipated cost of $192,000.00 for 24,000 tons of material. We further recommend the bid for Class 6 Road Base material for central Weld County be awarded to J-2 Contracting at a price of $11.40 per ton for a total anticipated cost of $228,000 for 20,000 tons of material. They have two pit locations in Greeley. The lowest bidder, Green Dream International, bid $8.03 per ton and has pits located in Cheyenne, Wyoming and Idaho Springs, Colorado. Due to high trucking costs, it wouldn't be cost effective to haul material from either of these locations. The 2023 budgeted amount for Class 6 material is $506,000.00. If you have any questions, please call me at extension 3721. M: mona:wordfiles/bids/mclass6roadbasesupply2023. docx N/t0 2023 -or EcOOgI DATE OF BID: MARCH 23, 2023 REQUEST FOR: ROAD BASE SUPPLY- CLASS 6 DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2300090 PRESENT DATE: MARCH 27, 2023 APPROVAL DATE: APRIL 10, 2023 VENDORS VARRA BUILDINGS 14440 CR 100 NUNN CO 80648 GREEN DREAM INTERNATIONAL LLC 32 W 8TH STREET #607 ERIE PA 16501 J2 CONTRACTING CO 105 Coronado Ct, Unit A-101 Ft Collins CO 80632 IHC SCOTT 801 8TH STREET GREELEY CO 80631 CONNELL RESOURCES INC 7785 Highland Meadows Pkwy, Ste 100 Ft. Collins CO 80528 NORTH WELD COUNTY NORTH OF STATE HWY 14 PRICE PER TON CONTRACT PRICE (QTY 24,000) WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverett(B weldgov.com E-mail: cgeisert@weldgov.com E-mail : cmpeters(a,weldgov.com Phone: (970) 400-4222,4223 or 4216 CENTRAL WELD COUNTY SOUTH OF STATE HWY 14 & NORTH OF STATE HWY 34 PRICE PER TON CONTRACT PRICE (QTY:20,000) $8.00 - $192,000.00 NO BID PIT LOCATION: Nunn, CO $8.29 - $198,960.00 $8.03 - $160,600.00 PIT LOCATION: 4875 S. INDUSTRIAL RD, CHEYENNE, WY & 33501 US -6 IDAHO SPRINGS, CO $11.40 - $273,600.00 $11.40 - $228,000.00 PIT LOCATION: Poudre Ponds Pit, 1025 N. 25th Ave, Greeley CO 80631 1390 Holly Ave, Greeley CO $11.65 - $279,600.00 $11.65 - $233,000.00 PIT LOCATION: Derr Pit, Greeley CO $11.85 - $284,400.00 $11.85 - $237,00.00 PIT LOCATION: Carr Pit, 8821 CR 126, Carr, CO 80612 2023-0873 PUBLIC WORKS WILL REVIEW THE BIDS. 03/7-7 FC-t OUI Hello