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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Weld County 2022 Crushed Concrete and/or Recycled Asphalt Product (RAP)
Bid # B2200113
DEPARTMENT: Public Works DATE: 8/1/2022
PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management
Brief description of the problem/issue:
When Public Works went out to bid for the Crushed Concrete and/or Recycled Asphalt Product for the 2022
HRP road projects (#B2200100) there was a mandatory pre -bid meeting. No vendors showed up and we did not
receive any bids. This is due largely to a mis interpretation of the bid by vendors as in the quantity needed and
that the products for this type of construction is not readily available in the industry. Since that time Public
Works has researched and reached out to several companies that do have the products and visited with them on
what the expectations for this contract would entail. Several of them said they understood the circumstances
and would submit a bid. Purchasing then put the bid out again as (#132200113). Kelly Contracting, LLC and J-
2 Contracting Co. submitted bids. that would be able to supply Crushed Concrete and/or Recycled Asphalt at
the quantities required to complete this year's HRP road projects. Public Works has visited with Purchasing
and we would like to consider both vendors as single source vendors per section 5-5-95 and purchase the
needed products at the time when Public Works needs the products, and the vendor has it available.
The budgeted amount for the HRP project road, this year, for material is $450,000.00
Attached are the bid schedules from Kelly Contracting and J-2 Contracting. With the prices quoted and
quantities we need for this year's project we will be able to stay under budget.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
1) The Board may agree to consider these two vendors as single source for the products as
recommended.
2) The Board may decide not to consider these two vendors as single source for the products.
Recommendation:
Public Works recommends using Kelly Contracting, LLC and J-2 Contracting Co. as single source vendors for
the needed products for this year's HRP road projects. We have worked with both companies in the past.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
pc: Curtis Hall, Director, Public Works
Jay McDonald, Retiring Direc r,, Public Works
03/7-2 22
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2022-2443
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MEMORANDUM
TO: Board of Commissioners DATE: August 8, 2022
FROM: Curtis Hall, Public Works Director
Jay McDonald, Retiring Director
SUBJECT: Crushed Concrete and/or Recycled Asphalt Product (RAP) for 2022
(BID REQUEST NO. B2200113)
Weld County Public Works Department went out to bid for the Crushed Concrete and/or Recycled Asphalt Product (RAP), 802200113.
Two bids were received, and they were presented to the board on July 25, 2022.
This material has become increasingly more difficult to source from suppliers as it is a byproduct of construction on concrete and
asphalt roads and is being used as a renewable product in projects. Vendors sell these products quickly and an individual vendor may
not have the quantity of the product at the time Public Works needs the material for the projects, and they will not stockpile it for us.
Therefore, to procure the products when needed for projects Public Works recommends awarding this bid to multiple (2) vendors:
Kelley Contracting, LLC and J-2 Contracting CO. This will allow us to hopefully be able to purchase material when the demand is
needed for the projects. Public Works will ensure to purchase the material that is always most cost effective and stay within the
budgetary limits.
The budgeted amount not to exceed for this year's HRP project is $450,000.00
If you have any questions, please call Jay at extension 3761 or Curtis at extension 3721.
BID REQUEST NO. B22001 13
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND
SPECIFICATIONS
FOR
CRUSHED CONCRETE and/or RECYCLED ASPHALT PRODUCT (RAP)
Renewable for 2023 and 2024
July 2022
Weld County Public Works
Gravel Road Management Division
1111 H Street
P.U. Box 758
Greeley, Colorado 80632
970-356-4000, Ext. 3 721
TABLE OF CONTENTS
The following checked forms and provisions take precedence over plan drawings and supplement
the 2021 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
Page #
Notice to Bidders / Invitation to Bid
3-4
Instructions to Bidders
4-5
General Provisions and Information
5-10
Specifications and Scope of Work
11
Contacts
12
Terms and Conditions
12
Project Special Provisions
Revision of Section 105, Conformity to the Contract
13
Revision of Section 106, Samples, Test, Cited Specifications
13
Revision of Section 106, Storage Materials
14
Revision of Section 703, Aggregate
14
Bid Schedule
i 15
Submittal Requirements
15
Signature Page
16
Notice of Award
17
BID REQUEST #B2200113
Page 2
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: July 14, 2022
BID NUMBER: #B2200113
DESCRIPTION: Crushed Concrete and Recycled Asphalt Product (RAP)
DEPARTMENT: Gravel Road Mgmt. Division, Public Works
BID OPENING DATE: July 21, 2022
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:
Crushed Concrete and Recycled Asphalt Product (RAP)
The project, in general consists of stockpiling and loading up to 25,000 tons of crushed concrete and /or
recycled asphalt for the re -surfacing and improvement of gravel roads within Weld County.
Bids will be received for the above stated merchandise, equipment, and /or services up to, but not later than: July 21, 202210:00
am. (Weld Counter Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams
Conference Call on July21,202210:30am. 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 Administrative Building, St.
Vrain Meeting Room, 1150 O Street Room, Greeley CO 80631.
Phone number. 720-439-5261 Phone Conference ID: 503 537258
PAGES 1 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-10 MAY
BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10.
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said
merchandise and/or equipment shall be delivered to the location(s) specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,
and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the
bid.
You can find information concerning this request on the Bidnet Direct website at www.bidnetdirect.com.
Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is
being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes,
proposals, addendums, and awards on this one centralized system.
BID REQUEST #B2200113 Page 3
Did Delivery to Weld County:
Emailed bids are required. Email bids to bids@weldgov com; however, if your bid exceeds 25MB please
upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB
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 we receive your bid/proposal.
Please call Purchasing at 970-400-4222 or 4223 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids
by partnerships must furnish the full names of all partners and must be signed with the partnership name by
one of the members of the partnership or by an authorized representative, followed by the signature and title
of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed
by the name of the state of the incorporation and by the signature and title of the president, secretary, or other
person authorized to bind it in the matter. The name of each person signing shall also be typed or printed
below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent,"
or other title without disclosing his principal, may be held to be the bid of the individual signing. When
requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing on behalf
of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing
the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or
instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set
forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal
Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must
be filled out completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that
the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1,
entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure
place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not
properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld
County Controller; said request being received from the withdrawing bidder prior to the time fixed for award.
Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it
has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions
contained herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference
to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any
and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)
may be awarded to more than one vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for
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.
BID REQUEST #B2200113 Page 4
4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract. Successful bidder 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 or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Successful bidder 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 Successful
bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the
public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify
the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder 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. Successful bidder 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
Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days
after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful
bidder receives federal or state funds under the contract. Successful bidder 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 Successful
bidder 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.
5. GENERAL PROVISIONS
Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of
the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current
fiscal year.
A. Trade Secrets and other Confidential Information: Weld County discourages bidders from
submitting confidential information, including trade secrets, that cannot be disclosed to the public. If
necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal.
clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful
bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201,
BID REQUEST #B2200113 Page 5
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
B 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
C 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
D 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
E 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
F 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
G 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
H 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
BID REQUEST #82200113 Page 6
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions of this
Agreement. The successful bidder further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all
services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware
that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period
during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or
performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects,
whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum
specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the
goods are free and clear of all liens, encumbrances, and security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time,
and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld
County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year
period after said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids
are submitted:
BID REQUEST #82200113 Page 7
1. Detailed equipment specifications to include the warranty.
2. Descriptive literature.
O. 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.
P. 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.
Q. 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.
R. Employee Financial I nterest/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 director 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.
S. 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.
T. 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.
U. 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.
V. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted
bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless
a "change order" authorizing such additional payment has been specifically approved by the County's
delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required
pursuant to the Weld County Code.
W. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and
the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at
overtime and/or double time rates for work done outside of normal business hours unless specifically
authorized in writing by County.
BID REQUEST #62200113 Page 8
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in
force at all times during the term of the Agreement, or any extension thereof, and during any warranty period.
The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by
A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced before the
expiration date thereof, the issuing company shall send written notice to the Weld County Controller by
certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such
cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days
prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the
Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured
retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in
the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements, and these requirements
do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum
limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the
performance of the work under this Contract by the Successful bidder, its agents, representatives,
employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any
liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld
County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or
character arising out of the work done in fulfillment of the terms of this Contract or on account of any act,
claim or amount arising or recovered under workers' compensation law or arising out of the failure of the
successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful
bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its failure to comply with
the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in
its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts
arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This
paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be
responsible for primary loss investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of
subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the
successful bidder for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's employees acting within the course and scope of their employment.
BID REQUEST #B2200113 Page 9
Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a
successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such
successful bidder or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an
insured contract, and defense costs, with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in
the performance of this Contract.
Successful bidders shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements herein
and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall
include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder
agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors
suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to
the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated
herein by this reference.
BID REQUEST#62200113 Page 10
SPECIFICATIONS AND/OR SCOPE OF WORK:
Purpose: The project, in general consists of stockpiling and loading up to 25,000 tons of crushed concrete
and /or recycled asphalt (RAP) for the re -surfacing and improvement of gravel roads within Weld County.
GENERAL CONDITIONS AND SCOPE:
1. All crushed concrete and recycled asphalt shall meet specifications described on pages 14 & 15 of
this document. Weld County will not supply any material for this project.
2. The contractor will follow all rules and regulation stipulated in the permit for the site.
3. Project time will be from August 2022 through December 2022.
4. Weld County will select the bidder(s) based on the lowest cost to the County. This bid may be
awarded to more than one vendor.
5. The successful bidder(s) shall provide a Supply Bond to the County as arranged by the parties.
6. The successful bidder(s) shall provide a certificate of insurance to the County as arranged by the
parties.
7. Certified scales are required.
8. Payment shall be made according to the bid prices per ton times the tons of material supplied as
determined by scale tickets from the pile site. Tickets must be a printed scale generated ticket by
weight having the gross weight, tare weight and net (Tons) listed. The tickets must also List: Ticket
Number, Date, Time, Truck Number, Driver (optional), Delivery Location and Product. All tickets must
be legibly signed by a Weld County employee.
9. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to
provide all permitting associated with the contracted equipment and labor.
➢ MSHA ID # (for crusher unit)
➢ APCD (State Health and Environment Department)
➢ Air Pollution Permit (for crusher unit)
10. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday.
Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and
later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder(s) is required to
accommodate these situations as necessary for the unit price shown in the bid.
11 Weld County will select the bidder(s) based on the lowest cost to the County, considering job -site
location and hauling cost. Materials' may be purchased from multiple bidders based on plant and site
location.
12. The specification for material supply shall be in accordance with the Colorado Department of
Transportation, Standard Specification for Road and Bridge Construction 2021, unless otherwise
stipulated in this document. References to the division shall mean Weld County and all
documentation required will be handled through the Weld County Public Work Department.
13. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public
Works. Director, the successful contractor(s) are not performing according to provisions outlined in
this contract or according to Colorado Department of Transportation Standard Specifications for Road
and Bridge Construction.
14. Weld County reserves the right to utilize county personnel and equipment to load materials at the
contractor's facility at any time if, in the opinion of the Public Works Director, the successful
contractor(s) are not diligently attempting to load materials to efficiently supply county operations.
BID REQUEST #B2200113 Page 11
Schedule:
Bids due to Purchasing
Bids accepted by BOCC
July 21, 2022
August 8, 2022
Weld County Contacts:
Question related to the project and procedures should be directed to:
Ryan Axtman — Construction Inspection Supervisor
Weld County Public Works
(970) 400-3743
raxtmannweldoov.com
Mike Livengood — Gravel Road Mgmt. Supervisor
Weld County Public Works
(970) 400-3757
mlivengoodttsweldgov. com
TERMS AND CONDITIONS:
Curtis Hall — Director
Weld County Public Works
(970) 400-3721
challCasweldgov.com
This one-year contract is renewable for up to (2) additional years. Material cost adjustments
will be considered at the end of each calendar year that this contract represents. Any price
adjustments must be verified by justification of base bid cost increase of materials, labor or
other associated items included in the original cost of the material supply. Cost increase must
be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per
ton may increase from one year to the next by no more than the increase reflected in the
Engineering News Record for the cost index for the Asphalt Course Item out of Denver as a measure
of reasonableness for justified increase. Price adjustments will not be implemented without final
approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the
re -cycled asphalt product supply contract if, in the opinion of the Public Works Director, the cost
increase is not justified or consistent with regional trends.
BID REQUEST #62200113 Page 12
REVISION OF SECTIONS 105 and 106
CONTROL OF WORK AND CONTROL OF MATERIAL
Revisions of Section 105
Conformity to the Contract
Section 105 of the standard specifications is hereby revised for this project as follows:
Section 105.3 shall be revised to include the following:
2,000 tons of material delivered will be considered a lot.
Revisions of Section 106
Samples, Test, Cited Specifications
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.03 shall be revised as follows:
1. Process Control: Sampling and testing. Process Control is REQUIRED and will be done in
accordance with Table 1-A. Process Control results shall be presented to Weld County daily, by email
to the above contacts, with a scale photo of tons processed for sample target and scale photo of end
of day total. All elements listed in Table 1-A are required with submitted testing results. Lab data
sheet for each sample shall contain the Revision to 703 gradation and Atterberg limits.
2. Process Control shall run ASTM D 5821 and ASTM C 142 at the beginning of production to verify
adherence to the contract specifications.
3. Samples will be taken from a maximum one -foot -thick test pad(s) following CP 30, section 4.3.3.2,
and section 4.4.2.
4. Weld County reserves the right to select random samples from the stockpile at ANYTIME. OA
acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a
Stockpile in accordance with CP 30 / 4.3.3. Those materials sampled and tested that do not meet the
requirements of the contract will be rejected or will be evaluated for prices reduction based on section
105.03.
FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLING AND TESTING
Table 1-A
Type of Test
OA Sampling and
testing
PC Sampling and
Testing
Verification testing (ASTM, AASHTO or
Colorado Procedures)
Gradation
1 per 2,000 tons
1 per 1,000 tons
AASHTO T27 and
T11
CP31-13
Atterberg Limits
1 per 2,000 tons
1 per 1,000 tons
AASHTO T89
BID REQUEST #B2200113
Page 13
BID SCHEDULE
2022 Crushed Concrete and/or Recycled Asphalt Product Supply
ITEM
#
ITEM
PIT/SITE
QUANTITY
UNIT
PRICE
CONTRACT PRICE
LOCATION
PER UNIT
304.00
Crushed
Concrete and/or
Recycled
Asphalt Product
"Wii'45
CAT&
25,000
TON
4taIt
a Sloan 'f 1 n..
bO
4-3a0,00o
25,000
TON
25,000
TON
25,000
TON
Prices will include all labor and equipment costs necessary to stockpile and load material ready for use.
Transportation of all the recycled asphalt product will be by Weld County personnel.
SUBMITTAL REQUIREMENTS:
Please return the following to Weld County Purchasing via the "bid delivery" instructions described on page 4.
o" Complete and return bid schedule — page 15.
rd Complete and return signature — page 16.
W9 — if applicable.'
o--Gt rntftete and return any future addenda, if applicable.
o__AN-ether items as requested in the Specifications and/or Scope of Work.
°A current W9 is required for new bidders. If you have previously worked with Weld County, only
provide if there has been a change.
Failure to include any of the above items upon submittal may result in your proposal being
incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with
your bid it may be disqualified.
BID REQUEST #82200113
Page 15
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. #B2200113.
2. The quotations set forth herein are exclusive of any federal excise taxes and ell 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 _ �'� 9-4-QTELEPHONE NO TC3o3)5$� 10 \ AX TAX ID # �g
PRINTED NAME TITLE J c
SIGNATURE
E-MAILAQTAC-CA 312 ¶i1o. Corn
DATE IZ)
�1
"THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1-10.
ATTEST:
Weld C
BY:
BOARD OF COUNTY COMMISSIONERS
y Clerk to the Bo • rd WELDOUNTY, COLORADO
Deputy Cie to t
oWK. James, Chair
BID REQUEST #82200113
AUG 2 2 2022
NOTICE OF AWARD
Crushed Concrete and/or Recycled Asphalt Product Supply
To:
Project Description:
The project, in general consists of crushing, stockpiling and loading up to 25,000 tons of crushed concrete
and/or recycled asphalt product material for the re -surfacing and improvement of gravel roads within 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 , 2022.
Weld County, Colorado, Owner
By
Mike Livengood, Supervisor Gravel Road Mgmt.
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this day of , 2022.
By:
Title:
BID REQUEST #82200113 Page 17
Form W-9
(Rev. October 2019)
kr�enrr rt of the T me
Request for Taxpayer
Identification Number and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
a
6
o e
ao
O
O.
1
6
Nam (aa shown on your income tax return). Kern
Kelley Contracting, LLC
on
line; do not leave this line blank.
Bust nesa name/disregarded entity name, ifdltferent from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
El Individual/sole proprietor or ❑ C Corporation 0 S Corporation 0 Partnership 0 Trust/estate
single -member LLC
❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
Note. Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
❑ Other (see instructions) ►
5 Address (number, street, and apt. or suite no.) See instructions.
16255 W 61st Ave
4 Exemptions (codes apply only to
certain e,:a not individuab; sea
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code Of any)
(Appli” to eocounh mein ... arts. N. U.S.)
6 City, state, and ZIP code
Golden, CO 80403
7 List account number(s) here (optional)
Requester's name
(optional)
• Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Raj Certification
Under penalties of perjury, I certify that:
1. The number shown on this 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 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the AS has notified me that l am
no longer subject to backup withholding; 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 Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have tailed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
aoqulsit.n or abandonment of secured property, cancellation of debt, contributions to an individual retlrsment 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 Part II, later.
I social s..
iii
or
I Employer Identification number
number
8
8
5
4
0
2
Sign signetun of
Here U.s.perwn►
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its Instructions, such as legislation enacted
after they were published, go to www.trs.gov/ForrnW9.
Purpose of Form
An Individual or entity (Font W-9 requester) who Is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), Individual taxpayer Identification number (iTIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an Information return the amount paid to you, or other
amount reportable on an Information return, Examples of Information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
oat.► 41aaIla
• 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 So 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. 10-2019)
Contract Form
New Contract Request
Entity Information
Entity Name*
KELLEY CONTRACTING LLC
Entity ID*
A 00045931
Contract Name*
2022 CRUSHED CONCRETE AND OR RECYCLED ASPHALT
PRODUCTS
Contract Status
CTB REVIEW
New Entity?
Contract ID
6214
Contract Lead*
MLIVENGOOD
Contract Lead Email
MLivengooduca.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
BID # 2200113 CRUSHED CONCRETE AND 'OR RECYCLED ASPHALT PRODUCT FOR HRP PROJECT.
Contract Description 2
BID 6 2200113 CRUSHED CONCRETE AND OR RECYCLED ASPHALT PRODUCT FOR HRP PROJECTS. ONE VENDOR OUT OF 2.
FIRST YEAR OUT OF A POSSIBLE 3 YEAR CONTRACT (2 YEAR RENEWAL)
Contract Type*
CONTRACT
Amount *
S200,000.00
Renewable*
YES
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks/0weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead0weldgov.com
County Attorney
CAITLIN PERRY
County Attorney Email
CEPERRY FWELDGOV.0051
Requested BOCC Agenda
Date*
08 17'2022
Due Date
0811 3 2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a NSA enter MSA 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
08'15'2022
Review Date.
11 ,'01 2022
Renewal Date
01 01 2023
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date Expiration Date
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
08/1512022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08'22:2022
Originator
MLIVENGOOD
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
08;`1 5 2022 08; 15 /202.2
Tyler Ref #
AG 082222
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