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Home My WebLink About20201114.tiffConMC+ ID#57� 014/6L 1ZZ BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Bulk Portland Cement Supply Extension/Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 3.21.2022 PERSON REQUESTING: Duane R. Naibauer, Ryan Axtman, Weld County Public Works Brief description of the problem/issue: The 2020 Agreement for the Bulk Cement Contract with CEMEX may be extended from May 18, 2022, to May 18, 2023, as permitted by the contract. This extension would be the third year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the current Engineering New -Record (ENR) for Type One Portland Cement, which was a 17.7% increase from January 2021 to January 2022. Cemex did request an increase of 11.11%. The bulk cement budget for 2022 is $1,320,300.00, and the Cemex contract price for 2022 will remain within budget limits. Cemex was awarded this contract in 2020 as the low bid contractor, and the department has been satisfied with their product. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board may either approve or deny the contract renewal/extension. Recommendation: Staff recommends approval of the contract extension/renewal to Cemex for the Bulk Portland Cement Contract. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck 910 Mike Freeman, Pro -Terre Scott K. James, Chair ,_ Steve Moreno Lori Saine if, J, Attachments 2021 Fee Schedule Cef� ZOO -11 l 4 yo��aa Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine(anweldaov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, March 22, 2022 2:09 PM Karla Ford RE: Please Reply - PW Pass -Around - Contract Renewal Extension Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weldgov.com> Sent: Tuesday, March 22, 2022 1:42 PM To: Lori Saine <Isaine@weldgov.com> Subject: Please Reply - PW Pass -Around - Contract Renewal Extension Importance: High Please advise if you approve recommendation. Thank you. Karla Ford R Executive Assistant & Office Manager, 1150 O Street, P.O. Box 758, Greeley, :: 970.336-7204 :: kford�weldgov.con **Please note my working hours are Board of Weld County Commissioners Colorado 80632 1:: www.weldgov.com :: Monday -Thursday 7:00a.m.-5:00p.m.** 11 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CEMEX CONSTRUCTION MATERIALS SOUTH. LLC This Agreement Extension/Renewal ("Renewal"), made and entered into (D day ofN1 k 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Cemex Construction Materials South, LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on May 18, 2020 (the "Original Agreement"), identified as document B2000104/ 2020-1114. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Agreement will end on May 17, 2022. • The parties agree to extend the Agreement for an additional one-year period, which will begin May 18, 2022, and will end on MaY 17. 2023. « The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the third year of a possible three-year contract 2. The 2021 Bid Schedule of the contact shall be replaced by the attached 2022 Bid Schedule, which is incorporated herein. 3. The 2022 Bid Schedule rates shall begin on May 18, 2022. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written, VENDOR: David Rumsey Printed Name 1 ) r --rte Signature ATTEST: BY: BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO Scot K. James, Chair APR 0 6 2022 2022 BID SCHEDULE Bulk Portland Cement 2022 Renewal DESCRIPTION UNITS UNIT PRICE Portland Limestone Cement (Type IL) Ton $15000 Delivery (<70 mi Roundtrip) Est 500 tons Mile $5 83 Delivery (>70 mi Roundtrip) Est 6,800 tons Mile $4 00 Standby Time Hour $115 00 Road Construction Project location will be given when order is placed for cement and is subject to change without modifications to the approved bid amounts Plant Location (List the address from where the cement will be delivered from) Location 1 Plant Name Cemex Lyons Cement Plant Physical Address 5134 Ute Hwy City, State Longmont, CO 80503 Location 2 Plant Name Physical Address City, State Please note below if Plant locations have limitations on availability or special requirements SIGNATURES Dated this 7th day of MARCH FIRM NAME Cemex Construction Materials South LLC BY David Rurrsey r TITLE Sales Manager LQ BIDDER'S LEGAL SIGNATURE l T7 ' �S STATE OF INCORPORATION ADDRESS 10100 Katy Freeway, Houston, TX 77043 TELEPHONE NO 713-650-6200 FAX NO 20 22 BID NO # B20001 04 1 2021 Renewal Page 1 New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? CEMEX CONSTRUCTION MATERIALS 00(}028839 SO LLC Contract Name* Contract ID Parent Contract ID BULK PORTLAND CEMENT 5708 Contract Status Contract Lead* Requires Board Approval CTB REVIEW DNAIBAUER YES i Contract Lead Email Department Project# dnaibauer@@co weld co us Contract Description* SUPPLY BULK PORTLAND CEMENT FOR WELD COUNTY ROAD CONSTRUCTION PROJECTS Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 04102/2022 04/06/2022 Amount* Department Email $1,320,300 00 Cm- Will a work session with BOCC be required?* PubliclAWorks@weldgov.com NO Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be induded? CM-PublicWorks- Automatic Renewal DeptHead@weldgov.com Grant County Attorney KARIN MCDOUGAL IGA County Attorney Email KMCDOUGAL@CO WELD CO US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase - Contract sates Effective Date Review Date x Renewal Date 02/1512023 Termination Notice Period Committed Delivery Date Expiration Date* 05117/2023 Contact Information ,Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 04/0112022 Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/01/2022 04/0112022 04/01/2022 Final Approval BOCC Approved Tyler Ref # AG 040622 ROCC Signed Date BOCC Agenda Date 04/06/2022 Originator, DNAIBAUER ejwl 1y0J--+ -To -*q W O3/,7,4 / BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Bulk Portland Cement Supply Extension/Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.25.2021 PERSON REQUESTING: Duane R. Naibauer, Ryan Axtman, Weld County Public Works Brief description of the problem/issue: The 2020 Agreement for the Bulk Cement Contract with CEMEX may be extended from April 15, 2021, to April 14, 2022, as permitted by the contract. This extension would be the second year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the current Engineering New - Record (ENR) for Type One Portland Cement, which was a 9.32% increase from January 2020 to January 2021. Cemex did request an increase of 7.43%. The bulk cement budget for 2021 is $1,174,500.00, and the Cemex contract price for 2021 will remain within budget limits. Cemex was awarded this contract in 2020 as the low bid contractor, and the department has been satisfied with their product. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board may either approve or deny the contract renewal/extension. Recommendation: Staff recommends approval of the contract extension/renewal to Cemex for the Bulk Portland Cement Contract. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman M� Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Attachments 2021 Contract Agreement Extension/Renewal 2021 Fee Schedule 2(120.2021 Cost Comparison CC: Jay McDonald, Director of Public Works Elizabeth Relford, Deputy Director Curtis Hull, Deputy Director Don Dunker, County Engineer aoan -nay ��6018 •` = CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CEMEX CONSTRUCTION MATERIALS SOUTH. LLC This Agreement Extension/Renewal ("Renewal"), made and entered into jjay of-x.e-, 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Cemex Construction Materials South, LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on May 18, 2020 (the "Original Agreement"), identified as document B2000104/ 2020-1114. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which Is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Agreement will end on May 17, 2021. The parties agree to extend the Agreement for an additional one-year period, which will begin May 18. 2021. and will end on May 17, 2022. The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract 2. The 2020 Bid Schedule of the contact shall be replaced by the attached 2021 Bid Schedule, which is incorporated herein. 3. The 2021 Bid Schedule rates shall begin on May 18, 2021. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. VENDOR: David Rumsey Printed Name 5O72 2 Signature ATTEST: .� v° "«+r�+�K• BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MAR 1 7 2021 �o�-/iii 2021 BID SCHEDULE Bulk Portland Cement 2021 Renewal DESCRIPTION UNITS UNIT PRICE Portland Cement (Type I -II) (Low Alkali) Ton $ 135.00 Delivery (<70 mi. Roundtrip) Est. 2,346 tons Mile $_4.28 Delivery (>70 mi. Roundtrip) 3.85 Est. 4,394 tons Mile $ Standby Time Hour $ 110.00 Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. Plant Location (List the address from where the cement will be delivered from) Location I Plant Name: Cemex Lyons Cement Plant Physical Address: 5134 Ute Hwy City, State: Longmont, CO 80503 Location 2 Plant Name: Physical Address: City, State: Please note below if Plant locations have limitations on availability or special requirements SIGNATURES: Dated this 16th day of February , 20 21 FIRM NAME: Cemex Construction Materials South, LLC By: David Rumsey TITLE: Sales Manager BIDDER'S LEGAL SIGNATURE:--�! '` STATE OF INCORPORATION: ADDRESS: 10100 Katy Freeway, Suite 310, Houston, TX 77043 TELEPHONE NO: 713-650-6200 FAX NO: BID NO # B2000104 / 2021 Renewal Page 1 r -nm L i {fin • �-^ -+_- -- __ --�•-- F--}_.•.!-� 1 -- kk 1YFl i w 1 I 1 1 y Q VOA f -7° WCR43frCR60.5toSM392 - +--t--}- -'+• - ^� rq 1 ' N WCR 1 1 Q�] __I_ Greeley - WC Pub[!c Works R ��' t"' • "" i "- WCR ■- R .,8° --}-- 62 --- WGR SITES: ESTIMATED TONS of CEMENT: _ WCR 43 fr CR 60.5 to SH 392 (FDR) 1,955 :. _- -- x Greeley WC Public Works 1,396 w--E'ternW• (p WCR 44 fr CR 49 to CR 53 (FDR) 1,043 '�fi T 2+"Sf a WCR 42 fr CR 35 to CR 39 (CTB 1,043 3rrsrc -- IV sr roY WCR 6 fr CR 13.5 to CR 19 (FDR) 1,303 no ,�� yt 37th sl ; " 05 1SNO"5 L. 40 KELLER 1 [NHVE 1 r WCR ---- I i 30 LL` yC1WPY l_. TOTAL: 6,740 Tons 1w� �' a LLw Or -- 1.- I ' 2021 Map ff ioDD L ii:: �Er----' .. I I. WCR.e -aWCR+I R44frCR49toCR53 ' I w , I i U N I 44 r ♦ I I 1 ; YUCCA R I I 1 1 1 1 1 4 1 1 1 I COURT 42 __j WCR--- I I ..2.- i l 4p5 I , 1 1 1 1 I I �®-- . 1 < WCR •, ---++ -t_p_.4____-' WCR42frCR35toCR39 •R 1 ,roll -- -- 19fr'r 1 1 i- }--y-J_ F. W -.R 3t1 - N 1 yi_ - 1 IrA I I I i I , WCR36 IN 1 1 I 1 r WCR3' ; �� I 1 WCR 32 1 u vR of - Jb� 3 WCR 5 t f .. WCR = 30 [. 1 'I _ 1 y o WCR26' N . �r __-__-.'. ______ 1 • '3 e. 1 E . WCR 26' J= -...- --J WCR 143 L WCR 24 I WEIR 2a� 20 WCR 165_ C1 WCR 14 125 OIPfyEE t Yj 10 ERIE I • WCR 223 I MAPLE I --�--- I WCR 22 I r 1 -- _p __ -_- 1 WCR 20 fl N ---- - It . ' ----' WCH 1tl -_ 1__ 1 KOCH 1 I �'ijc ST CET I WCR 16 JwcR Sp jQ I _ '145 ' Iy ^ WCR it - - .1,1 - Sr..m�,.:.-,� WCR 12 _- I. •�•- • y, 1 Q�c 1 WCRI 1 I4 (yN Y 1 10' 1 1 kl- • ' tl _mow — ' F--+--� WCR _ l NELSON I 1 1 I j .----4 WC'R� fr CR 13.5 to CB 19 aCt F I ui--- j / WCR 2 •I _ $• 1 15 25 35 45 N APPENDEXA Weld CountyPW WELD COUNTY 2021 CEMENT \ I 1171 H 5L 3 Greeley, CO 80631 LOCATION MAP 97 0 304-6497 S Legend Q,by WCR 42 fr CR 35 to CR 39 CTB WCR 44 fr CR 49 to CR 53 FOR WCR 43fr CR 6D.5 to SH 392 FDR WCR6frCR13.5toCR19FOR ----Gravel Other Municipal, Paved Highway Municipal, Gravel Paved c_ - j CountyBoundary Entity Information Entity Name CEMEX CONSTRUCTION MATERIALS SO LLC Contract Name * BULK PORTLAND CEMENT SUPPLY Contract Status CTB REVIEW Entity ID* t-°00028839 ❑ New Entity? Contract ID 4560 Contract Lead * DNAIBAUER Contract Lead Email dnaibauerco.weld.co.us Contract Description * SUPPLY BULK PORTLAND CEMENT TO WELD COUNTY ROAD CONSTRUCTION PROJECTS. Contract Description 2 Contract Type * Department AGREEMENT PUBLIC WORKS Amount* Department Email $1,025,529.62 CM- PublicWorks -&weldgov.com Renewable YES Department Head Email CM-PublicWorks- Automatic Renewal DeptHeadweldgov.com Grant County Attorney BOB CHOATE IGA County Attorney Email BCHOATE.T CO. WELD.CO. US if this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 03/13.2021 03/172021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept_ to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * Renewal Date 02,01/2022 05,18:2022 Committed Delivery Date Expiration Date Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03/12,2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03(17,2021 Originator DNAIBAUER Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date 03;122021 Finance Approver Legal Counsel CONSENT CONSENT Finance Approved Date Legal Counsel Approved Date 03;`1212021 03:12/2021 Tyler Ref # AG 031721 WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & CEMEX CONSTRUCTION MATERIALS SOUTH, LLC +h THIS AGREEMENT is made and entered into this 19 day of May , 2020, 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 CEMEX Construction Materials South, LLC , a Delaware Corporation registered to do business in Colorado, whose Principal office address is 10100 Katy Freeway, Suite 300, Houston, Texas 77043, hereinafter referred to as "Contractor". WHEREAS, Contractor to supply and deliver Bulk Portland Cement to Weld County construction projects WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000104". 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 Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and Co+ 4eri cc: os O nPae�ge 2c- 20 - 111 �-1 /,g /20 as E& 0078 requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the 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. This Agreement shall commence approximately April 2020 and continue in full force for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. 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 (ENR) for the Cost Index for Denver Portland Cement (Type 1). That increase will be based on the percentage change from year to year. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (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; or (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. Compensation/Contract Amount. Upon Contractor's delivery of the material for the Project, County agrees to pay an amount no greater than $1,127,967.11. Payment of all invoices is due by the end of the month of the month following the date of invoice. 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 B. 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) 7. 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 B provide proof thereof when requested to do so by County. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of 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. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work orders 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. 10. 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. 11. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet solely 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 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. Contractor's liability on any claim for breach, loss or damage arising out of the supplying of any materials to County, or its sale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price of the materials actually received from County by Contractor with regard to which such claim for loss or damage is made. In no event shall Contractor be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential, incidental, liquidated or penal damages including, but not limited to, loss of profits or revenue, loss of use of the materials or any associated product, cost of capital, cost of substitute products, facilities, services, downtime costs, or claims of customers of the County for such damages. 12. 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. 13. 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 reasonable 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. 14. 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 Countywill benotifiedofany reduction, loss, ormodificationto 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 forthe 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 Agreement 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. Contractor's indemnification, hold harmless, and defense obligations shall be limited to extent that the Contractor has caused damage to the County as a result of Contractor's negligent or willful acts or omissions 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 awaiver 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. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County provided that Contractor may assign proceeds, receivables, and rights to proceeds hereunder as part of a corporate financing arrangement without consent 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. 16. 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. 17. 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 (including restraints or orders). 18. 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: CEMEX Construction Materials South, LLC Attn.: Kenneth Bontrager Address: 5134 Ute Highway, Longmont, CO 80503 E-mail: kennethe.bontragerjr@cemex.com Phone: 1.303.475.3988 With a copy to: CEMEX Attn: General Counsel 1501 Belvedere Road West Palm Beach, FL 33406 County: Name: Joshua J. Holbrook Position: Weld County Inspection Supervisor Address: 1111 H Street, Greeley, Co 80632 E-mail: jholbrook@weldgov.com Phone: 1.970.3 01.2622 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 executionwithin the original intent of the parties. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 reasonable attorney fees and/or legal costs incurred by or on its own behalf. 30. 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. 31. Official Engineering Publications: Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement. 32. Compliance with Colorado Department of Transportation Regulations and Standards Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of$500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and 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 I '' day of ,2020. CONTRACTOR: By: Name: Juan C Castillo Title: VP Commercial South Central WELD COUNTY: ATTEST: Weld County Clerk to the Board Date 4/30/2020 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Exhibit A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE BULK PORTLAND CEMENT FOR 2020 (with options for 2021/2022) March 2020 for Weld County Public Works Road & Bridge Construction 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the most recent edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control construction of this project. BIDDING REQUIREMENTS Noticeto Bidders..........................................................................................................3 Invitationfor Bids.......................................................................................................3-4 Instructionsto Bid.......................................................................................................4-9 Insurance Requirements............................................................................................ 9-11 ProjectInformation.....................................................................................................12 Project Special Provisions Index.....................................................................................12 Project Special Provisions.......................................................................................13-16 WeldCounty Contact....................................................................................................17 Terms and Conditions..................................................................................................17 BidSchedule.........................................................................................................18-19 Acknowledgement of Bid Documents............................................................................20 Anti -collision Affidavit................................................................................................... 22 IRSForm W-9............................................................................................................23 SupplyBond............................................................................................................... 24 APPENDICES Appendix A — Project Location Map...............................................................................21 BID REQUEST #B2000104 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: March 25, 2019 BID NUMBER: #B2000104 DESCRIPTION: 2020 Bulk Portland Cement DEPARTMENT: Public Works Department BID OPENING DATE: April 14, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: 2020 Bulk Portland Cement (with possible two, one-year renewals) The project in general consists of supplying and delivering bulk Portland cement to certain Public Works projects sites during the 2020 construction year. Public Works estimates the total volume required will be between 7,700 - 8,700 tons for various locations within Weld County. The cement shall be delivered to the job site with a tanker truck capable of transporting approximately 25 tons of cement and transferring or pumping material into a cement spreader truck. Bids will be received until 10:00 AM on April 14, 2020 (Weld County Purchasing Time Clock). PLEASE NOTE: Due to the recent events surrounding the Coronavirus (COVID-19) pandemic, the Weld County Government lobbies are now closed to the public, therefore, the bid opening will be held via Skpe Meeting. See Addendum #1 for Skype Meeting information and instructions. PAGES 1 -11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 11. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. BID REQUEST #B2000104 Page 3 Bid Delivery to Weld County -I method: Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bidsca≥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 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 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) 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), BID REQUEST #82000104 Page 4 the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. 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. BID REQUEST #B2000104 Page 5 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or 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. BID REQUEST #B2000104 Page 6 G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. BID REQUEST #B2000104 Page 7 O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. BID REQUEST #B2000104 Page 8 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 General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible forthe 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. BID REQUEST #B2000104 Page 9 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. 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. BID REQUEST #B2000104 Page 10 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 #82000104 Page 11 PROJECT INFORMATION: Purpose The project in general consists of supplying and delivering bulk Portland cement to various Weld County Public Works projects sites during the 2020 construction year. Product Delivery Location(s): A map showing the project location can be found in this document on page 21, Appendix A. 1) WCR 29 from WCR 90 to WCR 100 2) WCR 37 from SH 52 to WCR 18 3) WCR 79 from WCR 136 to State Line 4) WCR6from WCR 19 toUS85 5) WCR 70 from US 85 to WCR 39 6) Weld County Public Works (1111 H Street, Greeley CO, 80632-0758 Scope and General Specifications: The project in general consists of supplying and delivering bulk Portland cement to certain Public Works projects sites during the 2020 construction year. Public Works estimates the total volume required will be between 7,700 — 8,700 tons for various locations within Weld County. The cement shall be delivered to the job site with a tanker truck capable of transporting approximately 25 tons of cement and transferring or pumping material into a cement spreader truck. WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The most current edition of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Index Page Revision of Section 101 - Definition of Terms Revision of Section 106 — Delivery Revision of Section 106 - Standby Time Revision of Section 701 — Portland Cement (March 2020) 12 (March 2020) 13 (March 2020) 14 (March 2020) 15 (March 2020) 16 BID REQUEST #B2000104 Page 12 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 — Definition and Terms is hereby revised for this project as follows: Subsection 101.28 Department delete first sentence and replace with Weld County Department of Public Works. A department within the Government of Weld County Colorado Subsection 101.29 Replace Chief Engineer of the Department with Director of Weld County Public Works Department Subsection101.39 Laboratory — replace Department with Weld County Subsection 101.58 Replace Regional Transportation Director with Director of Weld County Public Works Department Subsection101.76 Replace State with Weld County All references to State, CDOT and the Department of Transportation shall be defined as Weld County acting directly on or through its duly authorized representative or agent. The remainder of this page left blank intentionally BID REQUEST #B2000104 Page 13 REVISION OF SECTION 106 DELIVERY Section 106 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Delivery of the material shall conform to all federal, state, and local load requirements for highway transport loadings. Delivery shall include equipment and personnel necessary to transport bulk cement to the project site including the transfer of the bulk cement into Owner's cement spreader equipment which is capable of holding 25 tons when empty plus or minus 500 lbs. METHOD OF MEASUREMENT Delivery shall be measured by the miles traveled for a round trip delivery from plant location to project site. Delivery shall be based upon an approximately 25 ton/truck transport. Delivery of more than 25 ton per load will require additional time to unload and payment for standby time may not apply. CANCELLATION OF SCHEDULED DELIVERY Normal contract mileage will be paid by Owner for scheduled deliveries if the delivery is not cancelled at least 2 hours before the scheduled time of delivery. If the load is cancelled at least 2 hours before the scheduled delivery no delivery charge will be paid by the Owner. The contractor will provide a contact number to Owner to cancel deliveries that is available at least 2.5 hours before the first scheduled delivery of that day. BASIS OF PAYMENT Payment will be made at the contract unit price per mile. Pay Item Pay Unit Delivery (Roundtrip) (Project) Est. tons (See Appendix A) Mile The remainder of this page left blank intentionally BID REQUEST #B2000104 Page 14 REVISION OF SECTION 106 STANDBY TIME Section 106 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Standby Time shall for those hours beyond the first 1.5 hours from the requested or scheduled arrival time by the Owner to job site. METHOD OF MEASUREMENT Standby Time will be measured by the hour beyond the first 1.5 hours of requested or scheduled arrival to the job site. Arrival time shall be coordinated with the Owner and no standby time will be paid for if delivery is 15 minutes after the scheduled arrival time as requested by the Owner. BASIS OF PAYMENT Payment will be made at the contract unit price per hour or as agreed to on -site by the Contractor and Owner and shall include equipment and personnel. Pay Item Pay Unit Standby Time Hour The remainder of this page left blank intentionally BID REQUEST #B2000104 Page 15 REVISION OF SECTION 700 PORTLAND CEMENT Section 701.01 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Portland Cement shall conform to the requirements of the following specifications for the type specified. MATERIALS Portland Cement shall comply with the latest specifications (ASTM C150 or AASHTO M85). METHOD OF MEASUREMENT Portland Cement will be measured by the ton. BASIS OF PAYMENT Payment will be made at the contract unit price per ton for the material delivered to the job site and incorporated into the work and verified by weigh tickets or as approved by the Owner. Pay Item Pay Unit Portland Cement (Type I -II) Ton Low Alkali The remainder of this page left blank intentionally BID REQUEST #B2000104 Page 16 Weld County Contact: Questions related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3743 jholbrook@weldgov.com Duane Naibauer — Road and Bridge Construction Supervisor Weld County Public Works 970.304.6496, ext. 3786 dnaibauer@weldgov.com Terms and Conditions: All vendors will be required to sign Weld County's Materials Agreement. The Agreement shall commence approximately April 2020 and continue in full force for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. 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 (ENR) for the Cost Index for Denver Portland Cement (Type 1). That increase will be based on the percentage change from year to year. BID REQUEST #B2000104 Page 17 2020 BID SCHEDULE DESCRIPTION UNITS UNIT PRICE Portland Cement (Type I -II) (Low Alkali) (Est. 7,977 tons) Ton $ WCR 29 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 2,800 tons Mile $ WCR 37 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 931 tons Mile $ WCR 79 Project (see Appendix A Delivery (Roundtrip for 25 ton load) Est. 1,050 tons Mile $ WCR 6 Project (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 1,650 tons Mile $ WCR 70 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 150 tons Mile $ Weld County Public Works Department (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,396 tons Mile $ Standby Time (Est. 20 hours) Hour Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. BID REQUEST #B2000104 Page 18 Plant Location (List the address from where the cement will be delivered from) Location 1 Plant Name: Physical Address: City, State: Location 2 Plant Name: Physical Address: City, State: Please note below if Plant locations have limitations on availability or special requirements BID REQUEST #B2000104 Page 19 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ Receipt of addenda(s), if any. ❑ W-9 (page 23) ❑ Anti -Collusion Affidavit. (page 22) ❑ Bid Schedule (pages 18-20) ❑ Supply Bond (Page 24) 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. #B2000104. 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. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11. :1111:1 Q 111 1n' 1* Es&I 15 25 35 45 55 65 75 85 95 10! T 140 � -- - -- -r-. -r--� �j SITES: ESTIMATED TONS of CEMENT: _ WCR 79 jr 136 to State Line WCR 79 fr CR 136 to State Line (FDR) 1030 ' F 1 WCR 29 fr CR 90 to CR 100 (CTB) 2800 i:\ "' WCR 70 fr CR 90 to CR 100 (FDR) 150 - - I • WCR 37 fr SH 52 to CR 18 (FAR) 931 -`' i ' WCR 6 fr CR 19 to US 85 (FDR) 1650 ' ' i J I Greeley - WC Public Works 1396 T 1_--4 TOTAL: 7977 Tons i - ; ------- —1 I , -1 2020 Map 1 1 1 • • 1 1 1 1 1 -- ' _1 • 1 1 1 _I I 1 , -1- j -' - r - L _: kL49r L--- }i100to1I I r 1 I I• r--rh,, , _1 J , 90 -_1_____L_ 1 __-_ 1 1 , 1 , , 1 1 L_ 1 J 1 I 1 1 I 1 I 1 1 1 ___ ' ___ 1_ _ _L___ -I , �.� .1- - i - -r I TI 1 , • 1 ' 1 L_____L__ 80 L i 1 1 1 "s 1 1 ' I 1 _ - -L- -i i i i-T- -i - I ' `_ I C-.' WCR 70jrUS85toCR39 -------` � �- -L- - - -•1 1 , 1 1 1 1 1 . I 1 1 1 70 70 L_ _ _ F_I I _I _L I I I I r, -F- , 1 1 1 _�_L�r L _�. __..� -1 _I _LLI L 1 i 1 Greeley -WC Public Works - _• L.. -1-_ M✓ 60 60 __' _ , , 1 I 1 1 I 5 - • • - L I I _�-�sJ 50 50 -- 1 1 1 I 1 , 1 , , • , I , , I ^, L 1 1 _�_ _L_ L__L_ L_ I • _L 1_ ----- pYft!1 1 1 1 I -, �� • I I I ,• - 1 1 1 I • I 1 L- c -L L_L 1 40 ( h I ry • • I • 11 __L I I I I 1 1 _ _ __ _L_ _! r -11__1 1 , 1 1 F- , • hr 1 _J LL! 30----1 n1 . , r „ t1 - - r- WCR37frSHS2toCR18 -- - J -I-- 1 1 ---L-h-I- - r 1 • WCR h r CR 19 j to US 85 --I- - '` I. I. ' 1 -. I I- 10 ' -- V +-L C I , _-_11 1 ' 5 15 25 35 APPENDEX A WELD COUNTY 2020 CEMENT w-- F LOCATION MAP `(T Legend WCR 79 fr CR 136 to State Line WCR6frCR fr CR 19 to US 85 WCR 29 fr CR 90 to CR 100 * Greeley WCR 70 fr US 85 to CR 39 Other WCR 37 fr SH 52 to CR 18 s___ Highway 40 I , I 1 30 1 I 1 __I - 1 I 1 20 1 r r I 1 , I I 1 , -.$_-'- L _- L_L -r-I __ _ _L-' I• , L -h - 1 -r- , I I 1 L_L_r I I L_L_ •1I _L_ •L.. -I -- I I I--?- I 1 I I L--J-L h 1 h +t 1 1 1 J -1 L 1 L___L _I 1 L_ I L_�___ 11 I _ 45 55 65 75 Weld County PW 1111 H St. Greeley, CO 80631 970-304-6497 c G u r .. — Paved - - - - Gravel Municipal. Paved Municipal. Gravel I I Countyfioundary 85 95 10 1� BID REQUEST #B2000104 Page 21 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. ANTI -COLLUSION AFFIDAVIT 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. 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 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. 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 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. Contractor's lion or company name By Data Title 2nd contractor's irrn or company name. (II Ioini venture) By Date Ttle Sworn to before me this day of, 20 Notary Public My commission expires NOTE: This document must be signed in ink. COOT Form #606 1/02 BID REQUEST #B2000104 Page 22 Form W-9 I Request for Taxpayer Give Form to the (Rev. August 2013) 1 Identification Number and Certification requester. Do not Depatnent of the Treasury I Send to the IRS. Internal Revenue Service Name (as shown on your income tax return) or m a m Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: Exemptions (see instructions): 0 ❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate m c o Exempt payee cede (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exemption from FATCA reporting c a code (if any) d ` c ❑ Other (see instructions) ► !E r) Address (number, street, and apt. or suite no.) Requester's name and address (optional) m City, state, and ZIP code m to List account number(s) here (optional) Taxpayer Identification Number (TIN) enter your I IN in the appropriate box. The TIN provided must match the name given on the "Name" line I aoaal security number i to aved backup lwithholding. pr,ritFor individuals, this is your social sntnumber 3. For However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other _ m - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. I Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a 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 IRS has notified me that I 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 failed to report all interest and dividends on your tax return. For real 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 on page 3. 0.1911 I Signature of Here U.S. person► Da' General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (FIN) to report, for example, income paid to you, payments made to you in settlement of payment card and Bird party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business in provide your correct TIN to the person requesting it (the requester) and, when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from t. . Certify that the TIN you are giving is correct (or you are waiting for a number 1 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 to issued), foreign person, and pay the section 1446 withholding tax. Therefore, if you are a 2. Certify that you are not subject to backup withholding, or U.S. person that is a partner in a partnership conducting a trade or business in the 3. Claim exemption from backup withholding if you area U.S. exempt payee. If United States, provide Form W-9 to the partnership to establish your U.S. status applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on you share of partnership income. any partnership income from a U.S. trade or business is not subject to the Cat. No. 10231x Form W-9 (Rev. 8-2013) 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. Note. If you are a 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 if 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). BID REQUEST #B2000104 Page 23 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 Oblige, (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 the day of .20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title Attach valid Corporate Power of Attorney Form (Witness) BID REQUEST #B2000104 Page 24 Exhibit B Christie Peters From: Kenneth E Bontrager Jr <kennethe.bontragerjr@cemex.com> Sent: Tuesday, April 14, 2020 9:14 AM To: bids Cc: David B Rumsey Subject: Weld County Bid due April 14, 2002. 10:00 a.m. Attachments: Weld County Bid- April14, 2002.pdf "I hereby waive my right to a sealed bid" Ken Bontrager Colorado Cement Sales Email: kennethe.bontragerjr@cemex.com 303.475.3988 CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. BID ADDENDUM NO.2 Project Name: BULK CEMENT SUPPLY FOR 2020 Bid Request No: B2000104 Weld County Public Works Division of Road and Bridge P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Acknowledgement of Bid Documents (page 20) All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. ADDENDUM#1 BID REQUEST B2000104 BULK PORTLAND CEMENT FOR 2020 Due to the recent events surrounding the Coronavirus (COVID-19) pandemic, the Weld County Government lobbies are now closed to the public. Many of us are now teleworking or may be required to in the very near future. With that said, the following changes have been made to our current bid process until future notice: 1. No hard copies of bids will be accepted. 2. If multiple copies of the bid were requested per the original bid specifications, please disregard. Only one electronic copy is needed. 3. Email bids to bids(�weldaov.com. If your bid exceeds 25MB please upload your bid to https:/Iwww.bidnetdirect.com/. The maximum file size to upload to Bidnet is 500 MB. PDF format is required. 4. Bid Openings will now be held via a Skype Conference Call. Call information is provided below: BID OPENING: APRIL 14, 2020 @ 10:00AM - VIA A SKYPE CONFERENCE CALL: Join us by phone. Phone Number: +1 (720) 439-5261 Conference ID: 392949016 ***We need signed copy on file with your bid submittal. Thank you!*** Addendum received by: e.,,, `x FIRM ADDRESS 2 C. CITY AND STATE BY ra EMAIL MARCH 25, 2020 A. CONTRACTOR QUESTIONS AND RESPONSE 1. Q: Is a supply bond required at the bid opening? A: No. A supply bond will not be required at the bid opening. A supply bond will be required after the notice of award. Addendum received by: C.- FIRM i 3-f G ADDRESS w-� n s"a3 CITY ANDATE BY /ate. is n r a — !pits j4 rn r �. t' i ( `+'Q. 1 . C.Upr-1 EMAIL April 6, 2020 2 Weld County Contact: Questions related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3743 jholbrook@weldgov.com Duane Naibauer— Road and Bridge Construction Supervisor Weld County Public Works 970.304.6496, ext. 3786 dnabbauer@weldgov.com Terms and Conditions: All vendors will be required to sign Weld County's Materials Agreement. The Agreement shall commence approximately April 2020 and continue in full force for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. 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 (ENR) for the Cost Index for Denver Portland Cement (Type 1). That increase will be based on the percentage change from year to year. BID REQUEST #B2000104 Page 17 2020 BID SCHEDULE DESCRIPTION UNITS UNIT PRICE Portland Cement (Type I -II) (Low Alkali) (Est. 7,977 tons) Ton $ 127.00 WCR 29 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 2,800 tons Mile $_2.65 WCR 37 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 931 tons Mile $_4.60 WCR 79 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,050 tons Mile $_2.65 WCR 6 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,650 tons Mile $ 5.30 WCR 70 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 150 tons Mile $ 2.65 Weld County Public Works Department (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,396 tons Mile $ 3.60 Standby Time (Est. 20 hours) Hour $ 110.00 Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. BID REQUEST #62000104 Page 18 Plant Location (List the address from where the cement will be delivered from) Location I Plant Name: Cemex Lyons Plant Physical Address: 5134 Ute Highway City, State: Longmont, Co. 80503 Location 2 Plant Name: Physical Address: City, State: Please note below if Plant locations have limitations on availability or special requirements 0 BID REQUEST #B2000104 Page 19 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. 0 Receipt of addenda(s), if any. 9 W-9 (page 23) 0 Anti -Collusion Affidavit. (page 22) 6� Bid Schedule (pages 18-20) ❑ Supply Bond (Page 24) 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. #B2000104. 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. FIRM Cemex BUSINESS ADDRESS 5134 Ute Highway 0 CITY, STATE, ZIP CODE Longmont, Co. 80503 TELEPHONE NO 303-823-2100 FAX TAX ID # 72-0296500 PRINTED NAME AND TITLE Ken Bontrager SIGNATURE E-MAIL kennethe.bontragerjr@cemex.com DATE April 13, 2020 **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 -11. BID REQUEST #B2000104 Page 20 15 25 35 45 55 65 75 85 95 r 106 SITES: ESTIMATED TONS of CEMENT WCR 79 fr 736 to State Line WCR 79 fr CR 136 to State Line (FDR) 1050 � _� WCR 29 fr CR 90 to CR 100 (CTB) 2800 �'t _ WCR 70frCR90toCR100(FDR) 150 f6 - WCR37frSH52toCR18(FDR) 931 -`--+ WCR6frCR19toUS85(FDR) 1650 L I 1 .. _I Greeley - WC Public Works 1396 l- ( I �. __a . __.� TOTAL: 7977 Tons L a ' 2020 Map -- - ---------r �' 100 " WCR 29 toCR90toCR109 ` +-- ' rte= - -h-h-•-- 90 i -- L ---J _ i -- _ - WCR 70fr US 8S to CR 39 -------' --r h-` - f ' _r i t 70 {`- - - -F- -�:••••L ; _ : 70 .___ _ _h ----r' Greele `WC Public Works _ -' "' - 60 { 50 _ - Ls 50 R1•_1}f:!I k WCR37frSHSItoCR18 L_ L^r- 20 i1 20 =.---- ;WCRtffrCR9roUS8S --`-`- ---' h -r r -h -h l - -�- - -h-- -h-t- -; -rTh h h -'f• 10 5 15 25 35 45 55 65 75 85 95 it APPENDEX A x W.la caunly PW - - WELD COUNTY 2020 CEMENT w� E o, e `Co $0131j LOCATION MAP "°a"7 79 frCR 136 to Stake Line WCR a fr CR 19 to US 85 - Paved WCR 29 fr CR 90 to CR 100 * Greeley - - -- Gravel aee� WCR 70 fr US 8510 CR 39 Other - Municipal, Paved WCR 37 fr SH 52 to CR 18 Highway Municipal, Gravel t.�..J CountyBoundary BID REQUEST #B2000104 Page 21 COLORADO DEPARTMENT OF TRANSPORTATION l B 2,o o O t o ANTI -COLLUSION AFFIDAVIT IT gaunt I hereby attest that I am the person responsible within my tam lot the final decision as to the prices; and amount of this bid or. It 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 lurther attest that: t 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. 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 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 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 intentionay high, noncompetitive or other form o! 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 b refrain from bidding or to submit any intentionally high noncompetitive or other form of complementary Did 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 Did, 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 1 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 Cc++Yacu.a 4rtn c ccmpa-Y yarn x'10 ^nnraaUla rm or MmPenY ^v.^e " •rh' r un• r Sworn to before me this day of. 4ph 1 20 o�?V ____- jjarrcv�. LINDA A. VAMVAv sr. v:: Notary PUbfiC. State f Teas yg�^• Comm Expires 08-02.2021 'e ... NOTE: This document must be signed In Ink. use BiD REQUEST #B2000104 Page 22 Farm ■f M9 (Rev. October 2018) on your Centex, Inc. Request for Taxpayer identification Number and Certification ► Go to wwwdregov/Fonnt4l9 for instructions and the latest information. 2 aarwesaameidieregwded entity name, If dlnsrerq tram above Centex Construction Materials South, LLC 3 Check appropriate box for federal tax clas ficatlon of the person whose name Y entered on Mite 1. Check only we of the following seven boxes, 5 O Individuaysole proprietor or @ c corporation ❑ s Corporation ❑ Parbiarehlp ❑ Trust/estate single.rnemberLLC ❑ Limited liability company. Enter the tax classification (C -C corporation. S -S corporation. P.Pertnership) ► Note: Check the appropriate box in the Lie above for the tax classification of ills arias -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 LW that is not dieegarded from the owner for U.S. faderel tax purposes. Otherwise, a single -member LLC thi is disregarded from the owner should check the appropriate box for the tax classification of Its owner. Other lee. kwtructiprlf) ► 6 Address (number, Street, and apt, or suit no.) See inetnctions. Reptlsete 's name 10100 Katy Freeway, Suite 300 state, and ZIP oe on, TX 77043 Enter your TIN In the appropriate box. The TIN provided must match the name given on line Ito avoid backup withholding. For individuals, this is generally your social sectaity number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it Is your employer identification number (EIN). if you do not have a number, see Now to get a 11N, later. Nate: 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. KI Give Form to the requester. Do not send to the IRS. 4 E><mnptbns (codes apply only to certain entails, not individuaU; see i stnictlona an page S): Exempt payee code (If any) 5 Exemption from FATCA reporting code (If any) E (Au. F,,1 o m. m.m. .a a, •• iw (/S.) -101219161510 Under penalties of perjury. I certify that: 1. The number shown on this form is my contact taxpayer identification number (or I am waking for a number to be issued to me): and 2.1 am not subject to backup withholding because: (8)1 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 IRS has notified me that lam no longer subject to backup withholding; and 3.1 am a (i.S. citizen or other U.S. person (defined below); and 4. The FATCA code(e) entered on this form (if an Indicating that I am exempt from FATCA reporting Is correct. CerHAeetlon I atruetlions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject lo backup withholding because you have failed to report al interest and dividends on your tax return. For real 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 (MIA), 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 N, later. veyn 616na1we of ,erg U.S. person► iA/IV General Instructions • For 1099-0N (dividends, including those from stocks or mutual - Section references are to the Internal Revenue Code unless otherwise noted. funds) • Form 1099-MISC (various types of income, prizes, awards, or gross Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted proceeds) • Form 1099-B (stock or mutual fund sales and certain other after they were published, go to www.irs.gov1FormW9 tranesctfons by brokers) Purpose of Form • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage Interest), 1098-E (student loan interest). Information return with the IRS must obtain your correct taxpayer 1098-T (tuition) Identification number (TIN} which may be your social security number • Form 1099-C (canceled debt) (SSN), Individual taxpayer identification number (fnN). adoption taxpayer identification number (ATINi), or employer identification number • Form m 1099-A(acquisition or abandonment of secured property) (EIN), to report on an Information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. ff you do not return Form W-9 to the requester with a 17N, you right a Form 1099-INT (interest earned or paid) be subfact to backup withhold fig. See What it backup withholding, later. Cat No, 10231X Form W-9 (Rev. 10-2018) RESOLUTION RE: APPROVE EMERGENCY BID #B2000104, BULK PORTLAND CEMENT SUPPLY FOR 2020, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request #B2000104, Bulk Portland Cement Supply for 2020, for the Department of Public Works, due to road construction schedules and the Department of Local Affairs' (DOLA) grant deadlines, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B2000104, Bulk Portland Cement Supply for 2020, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Cemex, in the amount of $1,127,967.11 be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2020. ATTEST: f W. zL;1I Weld County Clerk to the Board BY: 22vWL%L ni eputy Clerk to the Board A D AS 47 lot County Attorney Date of signature: '1/22/2O BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair oreno, rro- i em James ra torZK? eys�---- Kevin D. Ross cc:PU(cp/RE/RT),P�jawea/cH) 2020-1114 t/4/o PO0022 EG0078 WELD COUNTY PURCHASING i86i � ,v 1150O Street, Room #107, Greeley, CO 80631 E-mail: cmaetersCir)_weldgov.com E-mail: rturfweldgov.com E-mail: reverettCcaweldgov.com Phone: (970) 400-4223, 4216 or 4222 DATE OF BID: APRIL 14, 2020 REQUEST FOR: BULK PORTLAND CEMENT FOR 2020 DEPARTMENT: PUBLIC WORKS BID NO: #B2000104 PRESENT DATE: APRIL 15, 2020 APPROVAL DATE: APRIL 15, 2020- (REQUESTING EMERGENCY APPROVAL) VENDOR CEMEX 5134 UTE HIGHWAY LONGMONT, CO 80503 GCC OF AMERICA 600 S. CHERRY ST. GLENDALE, CO 80246 TOTAL PER TON $1271TON $133.25/TON Public Works will review the bids. Costs were submitted for delivery from the plant to project site and will be included on their bid tabulation. 2020-1114 p �� g6- ob7g MEMORANDUM --- TO: Jay McDonald, Director of Public Works DATE: April 14, 2020 FROM: Joshua Holbrook, Public Works Department SUBJECT: Bulk Portland Cement for 2020, No. B2000104 Bids were received and opened on April 14, 2020 for the purchase of Bulk Portland Cement materials. Two bids were received, and the total amounts ranged from $1,127,967.11 to $1,182,747.52 with the lowest bid submitted by Cemex located in Longmont, Colorado. Below is a table showing a summary of the cement and delivery charges for each project in 2020. Bulk Cement Bld Tabuletlon for !3800104 40 Cement h 5690 111 Project Site Cit2IParattiet cit160 Cement fTOAf Qo4n01 TotalMetedal 25Tees/Tr Delieary Total I Total Project S per Ton/Delirered(For ltle.mutIoomti type 141 T i•R llndefpe Rqd RIrdWp Mika 1Toter j Miles $/Mile GCC $13125 2000 5379 00AO 112 140 15.680 5265 542552.00 $414,65200 5I4386 Cornea $127,00 2,800 5355,600.00 112 110 12,320 5265 512,618: $380,243.00 $13 Project Site CI1 it rromsv S7 toQ 18 CementSITon) Quent6y Total Material 25 Tons/trli, 0o1Nery Total total Project I S per Toy/Delivered fror information ooM1 Type 141 Type FO Rndtrles Rqd Rndtrip Mites Total Mites S/Mile Ace Comma 5133.25 931 $1I4,055.39 37 62 2.308 55.00 $11,51400 5135.4084 $145.65 5127.00 931 $113237.00 17 76 2,830 54.60 $13,019.1 $231,25610 5140.90 rR79 homCR 136 to State Une Project Site Cement /ion Quamty Total Material 2STene%fdp Dolly Total Total ►rojet $ per Ton/Debvered (For Information only) Type I -II Type MR Rndhips P.yd 9641oip Mites Total Miles $/Mile GCC 5133.25 1050 $139,912.50 42 204 8,560 $2.65 $23,705.20 $162,617.70 $154.87 Cameo $127,00 1050 $133,35000 42 202 8,494 $2.65 $22,482.60 $155,832.60 $148.41 Project Stte CRC emCR39te0584 61$/Thy Q Total Material 25Ta Delhery Totel Total Project $per Ton/Drlverod(Far edormatlononly Type t•11 T MR Rndhips Rqd Rndtrip Mites Total Mites $/Mile AC $13325 1650 5219062.50 66 44 2,904 $7.40 521,409601 $241,352.1 146.23 Cam. $127.0� 1650 $209,550.00 66 70 4,620 55.30 S24 $234,036. $141.84 Project Sit. C870fram tE t6 W CR 39 CementCWTonj QasaDty Total Melerial 25Toitrip Oe1Nery Total I I TotatProjet S per Ton/Oeilverad (Far nfurnu1r8o 0019) Type I'll Tip. FII Rndtrps Rqd Rndtdp Mlles Total Mae' S/Mlle GCC $133.25 150 $19,987.50 6 126 756 $3.00 52,26008J $22,25550 $148.37 Cam. $127.00 ISO $1905000 6 98 589 $2,65 51,958201 $20,608.20 $137.39 Project Site Wetl " .Pubrld licWoMlle W Coment(S/To) Type 141 QuamRy T 1•R Total Materiel 25T.s/Trip DeOuery Total TololProject 5 per Ton/0ekvered (For wounNlipn only) Rodtdps Rqd Rndhip Miles Tn6ei Mlles S/MIM GCC Cornea $133.25 1396 $186,017,00 56 522 6032 51.65 $1805307 $209,0)607 $146.18 $127.00 1396 5177,192.00 56 92 5,137 93.40 $16,4%21 $195,786.21 $2.10.15 StandbyflRte 8CC Ceme4 $tuodW Souls Cost how Total Cost 20 $120.00 52,20000 20 $110.00 5220100 GCC total Cost $1.762,247.52 total Toes I 7,972 av .wrt ton/Dtl. $148,24 Cam. 2019 bId polo, $1.727.967,77 .cost perton/Del. $14116 The low bid is within the 2020 estimated budget for Bulk Cement; therefore, it is our recommendation to award the project to Cemex for a total amount of $1,127,967.11. Work is expected t egin on April 27, 2020 and last the remainder of the construction season. I ag w' recomm dation pc: Duane Naibauer, Road and Bridge Construction Supervisor Jay McDonald, Director of Public Works Don Dunker, County Engineer Curtis Hall, Deputy Director Mona Weidenkeller, Office Tech IV Elizabeth Relford, Deputy Director Bulk Cement Old Tabulation for 82000704 I , - - I 01 29 for CR 90 1808180 _-�,,, _ -,,, Project Site Cement lS/fon) Quantity _- Total Matarml 25T8na/Trlp OelmeryTotal Total ProjeR $ perTan/Dehored(For mformadononiy) _ r- Type Fll TypClll Rndtrlpo Rqd RndUlp Mles Total MOes $/Mde GCC $13315 2000 $37310000 112 140 15680 $265 $41,55200 $414 652.00 $14809 Comes $12700 2800 $35560000 112 110 12 320 $2.65 $3264800 $38824800 $13866 Project site , '- V 1 , -s ' 1 CR 37 from SH 52 to CR 28 _ 7 Cement ($/Ton) Quantity Total Material 25Tona/Tdp DNNeryTotal Total ProjeR $ per Ton/Dellvered (For information only) 4 aM '+ + - 1 - Y Type 411 type I11 Rndtrips Rqd Rndtnp M.I. Total Mlles 5/Mile GCC $13325 931 $12405575 37 62 2.309 $500 $1154440 $13560015 $14565 Comex $12700 931 $11823700 37 76 2830 $460 $1301910 $131,25610 $14098 - 1 ' r CR 79 from CR 136 to State U ne t t Project Ate Cement ($/Tool Quantity Total Material 25 Tons/Tdp _ De3oery7otal TotalProJeR _ $ per Ton/DeLvered (For Information only) 4r 1 _ ,n 7. Type 1.11 Type Hj Rntltrlps Rqd RntlMp Milo Total MRet 5/Mlle G $13325 1050 213991255 42 204 8,568 $2.65 $22,705 20 $162,617 70 $15487 Comex $12700 1050 $13335000 42 202 8484 $2.65 $22,482.60 $155832.60 $148.41 -4 016f0 m CR39tO US85 -t i`" F Projeatslte Cement($/Ton) Quantity Total Material 25 T0M/Tnp OelveryTotal Total ProjeR $ per Ton/Dekvered (For Information only) yPj < S. I Sys,. ' r+r Y" Type 411 T el ll Rndtrips Rqd Rndtnp Mlles Total Miles 5/Mile 00 $13325 1650 $219862.50 66 44 2904 $740 $2140961 $7415210 $14627 Cemea $12700 1650 $209$50 00 66 70 4 620 $530 $2440600 $23403688 $14184 CR 70 from 0585800839 ..5 - - Protect She Cement(S/Ton) Quantity Total Material 25Tons/Tnp DeiyeryTatal Total Project $ perTan/Delnered (For mfarmatlon ordy) 1„ + Type HI Type Ill Iiii5po Rqd Rndtnp MRes Total Mdes $/Mlle G $13325 150 $1998750 6 126 756 $300 $2268.00 $22,25550 $14837 Comex $13700 150 $1905000 6 98 588 $265 $155820 $2060820 $13739 Project Ate ` - Cement ($/Ton) Quantity - Total Matenal Weld County Public 25Tons/Tnp Works (Mist. pralects) t 001,001710801 i fr` Total Project $ per Ton/Delivered(For Information only) I p- (r5 _1 F + Type I41 Type Ill endtrips Rqd Rndtnp Mlles T Total Miles $/Mde GC $13325 1396 $18601700 56 122 6812 $265 $18,05307 $28407007 $146.18 Cemea $12700 1396 $17729200 56 92 5137 $360 $18,49421 $19578621 „$14025 5. _ _ - , ,r. - 5tandbyTLne __ GCC - Cornea Standbyhours COR per hour Total Cost 20 $11000 $2,20000 20 $11000 52.20000 'GCCtotalCost ^I , `$1.18274752 110001 1008 79771 4vg cost per ton/Del $14824 Comex 2019brd price ^ $1,127.96711 asg cost per ton/Del $141.26 • MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: April 14, 2020 FROM: Joshua Holbrook, Public Works Department SUBJECT: Bulk Portland Cement for 2020, No. 62000104 Bids were received and opened on April 14, 2020 for the purchase of Bulk Portland Cement materials. Two bids were received, and the total amounts ranged from $1,127,967.11 to $1,182,747.52 with the lowest bid submitted by Cemex located in Longmont, Colorado. Below is a table showing a summary of the cement and delivery charges for each project in 2020. Bulk Cement Bid Tabulation for 62000104 AN Cement is Ivoe I -If Project Site CR 29 for CR 90 to CR 100 Cement Ron) Quantity 25 Ton/Trip Total Material •Rndt ps Rndtrip Total Delivery Total Total Project $ per Ton/Dekvered (=nr T e141 T FII le d Miles Miles S/Mik nformatron only) GCC Comes $13115, 2.800 $373,10000 112 140 15.680 $265 $41.552.00 $414,65100 $148.09 $127.00 2,800 $355,600.00 112 110 12,320 $265 532.648.00 $388,24800 $13866 Project Site CR 37 from SH SI to CR 18 Cement ($/Ton) Quantky 2STons/Tro Total Material Rndtofps RndUp Total Delivery Total Total Project $ per Ton/Delivered !For Type 141 Type F11 Rqd Mlles Miss S/Mik information only) GCC Comex $133.25 931 $124,o5S.75 37 62 7,309 $5.00 511.54410 $135,600 13 5145.65 $127.00 931 5118,237.00 37 76 2,830 $4.60 513.01910 $13L256.10 5140.92 Project Site CR 79 from CR 136 to State tine Cement $ oo Quantity 2sTona/T Total Material Rndtrips Rndtrip Total Delleery Total Total Project $ per Ton/Delivered (For Type 1-11 Type 1.11 Rqd Miles MNes S/Mik information only) GCC Cornea 5133.25 1050 $139.912.50 42 204 8.568 $2.65 522.705.20 $162,617.70 $154.8 $127.00 1050 $133,350.00 42 202 8,484 $2.65 Sfl.482.$O 5155,832.60 $148.41 Project Site CR 6 from CI 39 to US 8$ Cement /Ton) Quantity 25 Ton Total Material Rndtrips Rndtrip Total Delivery Total Total Project $ per Ton/Delivered (For Type 141 Type 1.11 Rqd Mks Was S/Mik information only) GCC Comex $13125 1650 $719.862.50 66 44 2,904 $/40 52148960 52413W. 1.0 5146.27 $127.00 1650 $209.550.00 66 70 4,620 $5.30 $24,486.00 $234,036.00 $141.84 Pooled Site CR 70 from 175 Rs to CR 39 Cement (SRoa) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrlp Total Delivery Total Total Project $ per Ton/Delivered (For Type 1.11 Type 1-11 Rqd Miles Miles $fMlle information oniyi GCC Centex $133.25 150 $19,987.50 6 126 756 $3.00 $2,268. $22,255.50 $148.3 $127.00 150 $19.050.00 6 98 588 5265 $1,558.20 520,608.20 513739 Project Site Weld County PubJk Works Mile pe t Cement (S/Tan) Quantity 25 Tons/Tr4 Total Material Rndtrips Rndtrip Trial Oelvery Total total Project $ per Ton/Deilvered (For Type 1.11 Type I•k Rqd Mlles Mlles S/Mile information only) GCC Comex $133.25 13% $186,017.00 56 I72 6,812 $2.65 $18.053.07 $20,07007 146.1 5117.00 1396 5177,292.00 56 92 5,137 $3.60 $18.494.21 $195,78621 $140.25 Standby Time GCC Cemea Standby hours Cost pit hour Total Cost 20 SIIO.OQ 52,200.00 20 $110. $2.20000 otal Tons 7,977 GCC total Cost $1,182,74752 avg. cost rt DeL $148.24 Caarex 2019 bid L 51,117,%7.11 sq cost per ton/Del. $141.16 The low bid is within the 2020 estimated budget for Bulk Cement; therefore, it is our recommendation to award the project to Cemex for a total amount of $1,127,967.11. April 27, 2020 and last the remainder of the construction season. pc: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director Elizabeth Relford, Deputy Director Duane Naibauer, Road and Bridge Construction Supervisor Don Dunker, County Engineer Mona Weidenkeller, Office Tech IV NOTICE OF AWARD Bulk Portland Cement For 2020 To Ken Bontrager Cemex 5134 Ute Highway Longmont, CO 80503 Project Description Bulk Portland Cement Supply for 2020 You are hereby notified that your Bid/Proposal has been accepted in the amount of $1,127.967.11 or as shown in the Bid Schedule You are required by the Instructions to Bidders to execute the Agreement, furnish the required Certificates of Insurance and Supply Bond within ten (10) calendar days from the date of this Notice to you If you fail to execute said Agreement and to furnish said Insurance 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 15 day of April , 2020 Weld County, Colorado, caner By Joshua Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Cemex (Contractor) Dated this 16 day of April 2020 By _, Title Sales Manager ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04„7,2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Aon Risk Services Southwest, Inc Houston TX Office CONTACT PHOE (A/Co Ext) PHONE N(866) 283-7122 (A/C AX No) (800) 363-0105 EMAIL ADDRESS 5555 San Felipe Suite 1500 INSURER(S) AFFORDING COVERAGE NAIL # Houston TX 77056 USA INSURED INSURERA National Union Fire Ins Co of Pittsburgh 19445 Cemex Construction Materials South, LLC 10100 Katy Freeway suite 300 INSURERB New Hampshire insurance Company 23841 INSURERC American Home Assurance Co 19380 Houston TX 77043 USA INSURER D Illinois National Insurance Co 23817 INSURERS AXA Insurance Company 33022 INSURER F COVERAGES CERTIFICATE NUMBER 570081461932 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY 0L6862507 01/01/2020 01/01/2021 EACH OCCURRENCE $4,500,000 CLAIMS MADE X❑ OCCUR SIR applies per policy ter 5 & conditions PREMISES Ea occurrence $4,500,000 MED EXP (Any one person) EXcl uded PERSONAL & ADV INJURY $4,500,000 GEN LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $4,500,000 POLICY ❑X JECT LX LOC PRODUCTS CAMP/OPAGG $4,500,000 OTHER A AUTOMOBILE LIABILITY CA 6631109 ADS 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT Ea accident $5,000,000 BODILY INJURY ( Per person) X ANY AUTO I BODILY INJURY (Per accident) OWNED fl1 SCHEDULED AUTOS ONLY LJAUTOS X HIRED AUTOS X NON OWNED ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident E X UMBRELLALIAB X I OCCUR X500170220 01/01/2020 01/01/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $5,000,000 DED RETENTION C D WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y/N ANY PROPRIETOR / PARTNER! EXECUTIVE ri OFFICER/MEMBEREXCLUDED9 (Mandatoryin NH) N/A WC020608671 CA WC020608672 FL 01/01/2020 01/01/2020 01/01/2021 01/01/2021 X PER STATUTE OTH ER E L EACH ACCIDENT $2 , 500,000 EL DISEASE EA EMPLOYEE $2,500,000 If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE POLICY LIMIT $2,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Weld County, Colorado is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability policies A Waiver of Subrogation is granted in favor of weld County, Colorado, its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability and Workers Compensation policies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Weld County, Col orado AUTHORIZED REPRESENTATIVE 1150 0 Street Greeley Co 80631 USA isa ©1988-2015 ACORD CORPORATION All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD at d U O AGENCY CUSTOMER ID 440000000187 LOC # AccR ADDITIONAL REMARKS SCHEDULE Page — of — AGENCY Aon Risk services southwest, Inc NAMED INSURED Cemex Construction Materials South, LLC POLICY NUMBER see certificate Number 570081461932 CARRIER see Certificate Number 570081461932 NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits INSR ADDL SUBR POLICY NUMBERLIMITS POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) WORKERS COMPENSATION ACORD 101 (2008/01) © 2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 6862507 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location And Description Of Completed Operations "ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO." "PER THE CONTRACT OR AGREEMENT." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or property damage caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli cable Limits of Insurance shown in the Decla- rations. CG 20 37 04 13 ©Insurance Serivces Office, Inc. 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement, effective 12 01 AM 01/01/2020 forms a part of Policy No WC 020-60-8674 Issued to CEMEX I NC By NEW HAMPSHIRE INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1 the cancellation effective date is prior to this policy's expiration date, the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity, and 3 the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy The following definitions apply to this endorsement 1 Named Insured means the insured first named employer in Item 1 of the Information Page of this policy 2 Insurer means the insurance company shown in the header on the Information Page of this policy All other terms, conditions and exclusions shall remain the same AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed 04/11) ENDORSEMENT # This endorsement, effective 12 01 AM 01/01/2020 I forms a part of Policy No CA 663-11-09 issued to CEMEX INC By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1 the cancellation effective date is prior to this policy's expiration date, 2 the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity, and 3 the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer I Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy The following Definitions apply to this endorsement 1 First Named Insured means the Named Insured shown on the Declarations Page of this policy 2 Insurer means the insurance company shown in the header on the Declarations page of this policy All other terms, conditions and exclusions shall remain the same AUTFi0RIZE0 REPRESENTATIVE 107414 (03/11) Page 1 ENDORSEMENT # This endorsement, effective 12 01 AM 01/01/2020 forms a part of Policy No GL 6862507 issued to CEMEX, INC By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1 the cancellation effective date is prior to this policy's expiration date, 2 the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity, and the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 3 0 days after the First Named Insured provides such information to the Insurer, provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy The following Definitions apply to this endorsement 1 First Named Insured means the Named Insured shown on the Declarations Page of this policy 2 Insurer means the insurance company shown in the header on the Declarations page of this policy All other terms, conditions and exclusions shall remain the same Aug onzad Raprase nca2wa 107414 (03/11) Page 1 WAIVER OF OUR RIGHT TO RECOVER FROM (OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below This endorsement, effective M 01/01/2020 forms a part of Policy No WC 020-60-8674 Issued to CEMEX I NC By NEW HAMPSHIRE INSURANCE COMPANY We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED 1) PURSUANT TO THE WORKERS' 'COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY, OR 2) BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT This form is not applicable in Kansas for private construction contracts as defined in K S A 16-1801 through KS A 16-1807 or public construction contracts as defined in K S A 16-19011 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah WC 00 03 13 Countersigned by (Ed 04/84) Authorized Representative ENDORSEMENT This endorsement, effective 12 01 A M 01/01/2020 forms a part of policy No CA 663-11-09 issued to CEMEX INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5 - Transfer of Rights of Recovery Against Others to Us, is amended to add However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident"or "loss" if (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization, and (2) The contract or agreement was entered into prior to any "accident" or "loss" No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee A ORIZEO SEP ESENTA1tVE 62897 (6/95) ENDORSEMENT This endorsement, effective 12 01 AM 01/01/2020 forms a part of policy No CA 663-11-09 issued to CEMEX INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the fo/%wing BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED Any person or organization for whom you are contractually bound to provide Additional Insured status but only to the extent of such person's or organization's liability arising out of the use of a covered "auto" I SECTION II - LIABILITY COVERAGE, A Coverage, 1 - Who Is Insured, is amended to add d Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto" However, the insurance provided will not exceed the lesser of (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement Auth rized Representative or Countersignature (in States Where Applicable) 87950 (10/05) Page 1 of 1 POLICY NUMBER: GL 6862507 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: "PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER GL 6862507 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) i Location(s) Of Covered Operations Any Person or Organization whom you become Per the contract or Agreement obligated to include as an Additional Insured as a result of any Contract or Agreement you have entered into Iil Information required to complete this Schedule, if not shown above, will be shown in the Declarations A Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by I Your acts or omissions, or 2 The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above However I The insurance afforded to such additional insured only applies to the extent permitted by law, and 2 If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured B Withj respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after I All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2 That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 0413 © Insurance Services Office, Inc, 2012 Page 1 of 2 C With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance I Required by the contract or agreement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement applicable Limits Declarations shall not increase the of Insurance shown in the Page 2 of 2 © Insurance Services Office, Inc , 2012 CG 20 10 04 13 POLICY NUMBER GL 6862507 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy Such person or organization is an addi- tional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by 1 Your acts or omissions, or 2 The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured However, the insurance afforded to such additional insured 1 Only applies to the extent permitted by law, and 2 Will not be broader than that which you are required by the contract or agreement to provide for such additional insured A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed B With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply This insurance does not apply to 1 "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including a The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in- jury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to (render any professional architectural, engineering or surveying services 2 "Bodily injury" or "property damage" occurring after a All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or bJ That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance CG 20 33 04 13 d Insurance Services Office, Inc , 2012 Page 1 of 2 0 1 Required by the contract or agreement you have entered into with the additional insured, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement applicable Limits of Declarations shall not increase the Insurance shown in the Page 2 of 2 Q Insurance Services Office, Inc , 2012 CG 20 33 04 13 ❑ Bond No. 0228235 SUPPLY CONTRACT BOND Cemex Construction Materials South, LLC KNOW ALL MEN BY THESE PRESE Supplier), (here insert full name and address or Berkley Insurance Company and 475 Steamboat Road. Greenwich CT 08830 (here insert full name and address or NTS, That, .,,,.{•t Ll JR"W.:Y (jolt !tli1 �s4;_ as Principal, (hereinafter called the legal title of Supplier) as Surety, (hereinafter called Surety), legal title of Surety) are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of One Million One Hundred Twenty Seven Thousand Nine Hundred Sixty Seven & 11/100------- ($1,127,967.11) (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 0 furnish the following briefly described supplies:f"'l_PutilandCement Supply for 202which 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 the 17th day of April 2020 Cemex Construction Materials South, LLC B (Principal) (Seal) Berkley Insurance Company (Surety) (Seal) ; A (Title Vanessa Dominguez (Witness) Power of Attorney Form BID REQUEST#B2000104 Page 24 No B➢ -7870g -el POWER OF AlTORNI'Y BERKLEY INSURANCE COMPANI WILMINGTON DELAWARE NOTICE The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Gieenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint Lupe Tyler, Lisa A Ward, Michael J Herrod, Alexander Dam, Melissa L Fortier, Naomi A Harris -Thompson, or Terri Morrison of AON Risk Services Southwest, Inc of Houston, 7X its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U S Dollars (U S $50,000,000 00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected offrceis of the Company at its principal office in their own proper persons This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010 RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto, and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted, and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated, and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named, and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use foi the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF, the Company has caused these presents t be signed and attested by its appropriate officers and its corporate seal hereunto affixed.tfus 30th day of Mr 2020 a"ycF Attest Berkl Insurance Company By By � S��' � erman Te after �tnwiy Executive Vice President & Secretary S esident STATE OF CONNECTICUT) ) ss• COUNTY OF FA1RFIELD ) Sworn to before me, a Notary Pubhc m the State of Connecticut, this soth day of 2020 , by Ira S Lederman and Jeffrey M. Hatter who are sworn to me to be the Executive Vice Prasiden fSccrotary, and Senior Vice President, respectively, of Berkley Insurance Company M�oT�v PUAt icy ear Jo, 2024 f� otary Public, State o Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney, that said Power of Attorney has not been revoked or rescinded an anthorrty of the Attorney-rn-Fact set forth therein, who executed the bond or undertaking to which this Power of chef w m AW force and effect as of this date t i under my hand and seal of the Company, this 17th day of April 2020 it - Vincent P Forte New Contract Request Entity Information _ Entity Names Entity ID O New Entity? CEMEX CONSTRUCTION MATERIALS @00028839 SO LLC Contract Name* Contract ID Parent Contract ID 2020 BULK PORTLAND CEMENT SUPPLY 3639 Contract Status CTB REVIEW Contract Lead JHOLBROOK Contract Lead Email Jholbrook@co weld co us Requires Board Approval YES Department Project # Contract Description* THIS CONTRACT IN GENERAL CONSISTS OF SUPPLYING AND DEUVERING BULK PORTLAND CEMENT TO CERTAIN PUBLIC WORKS PROJECT SITES DURNING THE 2020 CONSTRUCTION YEAR THE ESTIMATED TOTAL VOLUME REQUIRED IS BETWEEN 7,700 AND 8,700 TONS OF CEMENT Contract Description 2 Contract Type * Department AGREEMENT PUBLIC WORKS Amount* Department Email $1,127,96711 CM- PublicWorks@tiweldgov com Renewable* YES Department Head Email CM-PublicWorks- Automatic Renewal DeptHead a@weldgov com County Attorney Grant BOB CHOATE County Attorney Email IGA � z BCHOATE@CO WELD CO US Requested BOCC Agenda Due Date Date* 05/07/2020 05/1112020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2000104 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase I Contract Dates Effective Date Review Date* Renewal Dates j 01/1112021 05/04/2021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info � Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 05/13/2020 Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/132020 05113/2020 05/1312020 Final Approval I BOCC Approved BOCC Signed Date BOCC Agenda Date 05118/2020 Originator JHOLBROOK Submit Tyler Ref # AG 051820 RESOLUTION RE: APPROVE EMERGENCY BID #B2000104, BULK PORTLAND CEMENT SUPPLY FOR 2020, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request #B2000104, Bulk Portland Cement Supply for 2020, for the Department of Public Works, due to road construction schedules and the Department of Local Affairs' (DOLA) grant deadlines, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B2000104, Bulk Portland Cement Supply for 2020, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Cemex, in the amount of $1,127,967.11 be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � W. JCL ;ok Weld County Clerk to the Board Date of signature: '1/22/20 ��r1.t.t.✓ Mike reeman, Chair i 7Le Steyg Moreno, Pro-Tem 2020-1114 PO0022 EG0078 cc: PU(cP/RE/RT) PoJ(S(/ER/ cH) 4/7-x ao WELD COUNTY PURCHASING 1150O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters(a)-weldgov.com E-mail: rturf weldgov.com E-mail: reverett weldgov.com Phone: (970) 400-4223, 4216 or 4222 DATE OF BID: APRIL 14, 2020 REQUEST FOR: BULK PORTLAND CEMENT FOR 2020 DEPARTMENT: PUBLIC WORKS BID NO: #B2000104 PRESENT DATE: APRIL 15, 2020 APPROVAL DATE: APRIL 15, 2020 - (REQUESTING EMERGENCY APPROVAL) VENDOR CEMEX 5134 UTE HIGHWAY LONGMONT, CO 80503 GCC OF AMERICA 600 S. CHERRY ST. GLENDALE, CO 80246 TOTAL PER TON $127/TON $133.25/TON Public Works will review the bids. Costs were submitted for delivery from the plant to project site and will be included on their bid tabulation. 2020-1114 MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: April 14, 2020 FROM: Joshua Holbrook, Public Works Department SUBJECT: Bulk Portland Cement for 2020, No. B2000104 Bids were received and opened on April 14, 2020 for the purchase of Bulk Portland Cement materials. Two bids were received, and the total amounts ranged from $1,127,967.11 to $1,182,747.52 with the lowest bid submitted by Cemex located in Longmont, Colorado. Below is a table showing a summary of the cement and delivery charges for each project in 2020. Bulk Cement Old Tabulation for 62000104 All Cement is Tvoe 611 ProjectSite CR 29 far CR 90 to CR 100 Cement{$/Ton) Quantity 25 Tons/Trip Total Material Rndtrips RStrip Total Delivery Total Total Project $ per Ton/Delivered (For Type 1.11 Type i-1i Rqd Mlles Miles $/Mile informaton only) GCC $133.25 2800 $373,100.00 1.12 140 15,680 $2.65 $41,552.00 $414,65200 _ $148.09 Comex $127,00 2,800 $355,600.00 112 110 12,320 $2.65 $32,648.00 $388,248.00 $133.66 ProjectSite CR 37 from 5H 52 to CR 18 Cement ($/Ton) Quantity 25Tonsfrrip Total Material Rndtrips Rndtrip Total Delivery Total Total Project $ per Ton/Delivered (For Type Ill Type ftl Rqd Miles Miles $/Milo information only) GCC $13125 931 $124,055,75 37 62 2,309 $5.00 $11.544>t0'. $135;800.15 $145.65 Cemex $127.D0 931 $II8,237.00 17 76 2,830 $4.60 $13,019,10 $131,256,10 $14098 Project Site CR 79 from CR 136 to State line Cement ($[Ton) Quantity 25Tons/Trip Total Material Rndtrips Rndtrip Total DeliveryTotal Total Project $ per Tan/Delivered (Far Type I -II Type 1 -it Rqd Miles Miles $/Mile information only) _ GCC 5133.25 1050 $139,912.50 42 204 5,538 $2.65 $22,705.20 $162,617.70 $154.87 Cemex $127.00 1050 $133,350.00 42 202 8,484 $2.65 $22,48260 $155,83160 $148.41 Project Site CR 6(rom CR 39 to US 85 Cement $/Ton) Quantity. 25 Tons Trl Total Material Rndtrips Rndtrip Total Delivery Total Total Project $ per Tan/Delivered (For Type 1.11 Type i•II Rqd Miles Miles $/Mile information only) GCC $13325 1650 $219,862.50 66 44 2,904 $L.40 $2.1,489.60 $241,352.10 $146.21 Cemex $127.00 1650 $209.550.00 1 66 70 4,620 $5.30 $24,486.00 $234,036.00 $141.84 Project Site- - CR 70 from US 35 to CR 39 Cement (S/Tan) Quantity 25 Tons/flip Total Material Rndtrips Rndtrip Total Delivery Total Total Project $ per Ton/Delivered (For Type 1 -It Type I-ll Rqd Mlles Mlles $/Mlle information only) GCC $133.25 150 $19,987.50 6 126 756 $3.00 52,26800 $22,255350 $148,37 Cemex $127.00 150 S19,050.OD 6 98 588 $2.65 51,558,20 $20,608.20 $137.39 Project Site a Wald County Public Works (Mke. projects) Cement ($/Too) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total Delivery Total Total Project $ per Ton/Delivered (For Type 1.11 'Type I•Il Rqd Mlles Miles $JMIIe inlormalfon only) GCC 5134.25 13% $186,017.00 56 i22 6,812 $2.65 $15.053.07 $7.04,1170.07 $146.18 Cemex $127.00 1396 $177.29200 56 92 5.137 $3.60 $18.494.21 $195.786.21 $140.25 standbvTIme GCC Cemex Standby hours Cost ut hour Total Cost 20 5110.00 $2,20(1.00 20 $li0.00 52.200.00 Total Tons . I-7,977 GCC total Cost 51,182,747.52. avg. cost per ton/Del. $148.24 Cemex 2019 bid price $1,127,967.11 avg. cost per ton/Del. $141.26 The low bid is within the 2020 estimated budget for Bulk Cement; therefore, it is our recommendation to award the project to Cemex for a total amount of $1,127,967.11. pc: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director Elizabeth Relford, Deputy Director remainder of the construction season. Duane Naibauer, Road and Bridge Construction Supervisor Don Dunker, County Engineer Mona Weidenkeller, Office Tech IV Bulk Cement Bid Tabulation for B2000104 All Cement is Tvoe I -II Project Site CR 29 for CR 90 to CR 100 Cement ($/Ton) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total DeliveryTotal Total Project $ per Ton/Delivered (For Type 1-11 Type I -II Rqd Miles Miles $/Mile information only) GCC $133.25 2,800 $373,100.00 112 140 15,680 $2.65 $41,552.00 $414,652.00 $148.09 Cemex $127.00 2,800 $355,600.00 112 110 12,320 $2.65 $32,648.00 $388,248.00 $138.66 ece Projt Sit CR 37 from SH 52 to CR 18 Cement ($/Ton) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total DeliveryTotal Total Project $ per Ton/Delivered (For Type I-11 Type I-11 Rqd Miles Miles $/Mile information only) GCC $133.25 931 $124,055.75 37 62 2,309 $5.00 $11,544.40 $135,600.75 $145.65 Cemex $127.00 931 $118,237.00 37 76 2,830 $4.60 $13,019.10 $131,256.10 $140.98 Project Site CR 79 from CR 136 to State Line Cement ($/Ton) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total DeliveryTotal Total Project $ per Ton/Delivered (For Type I-11 Type I-11 Rqd Miles Miles $/Mile information only) GCC $133.25 1050 $139,912.50 42 204 8,568 $2.65 $22,705.20 $162,617.70 $154.87 Cemex $127.00 1050 $133,350.00 42 202 8,484 $2.65 $22,482.60 $155,832.60 $148.41 Project Site CR 6 from CR 39 to US 85 Cement($/Ton) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total DeliveryTotal Total Project $ per Ton/Delivered (For Type 1 -II Type 1-11 Rqd Miles Miles $/Mile information only) GCC $133.25 1650 $219,862.50 66 44 2,904 $7.40 $21,489.60 $241,352.10 $146.27 Cemex $127.00 1650 $209,550.00 66 70 4,620 $5.30 $24,486.00 $234,036.00 $141.84 Projeet Site CR 70 from US 85 to CR 39 Cement ($/Ton) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total Delivery Total Total Project $ per Ton/Delivered (For Type 1-11 Type 1-11 Rqd Miles Miles $/Mile information only) GCC $133.25 150 $19,987.50 6 126 756 $3.00 $2,268.00 $22,255.50 $148.37 Cemex $127.00 150 $19,050.00 6 98 588 $2.65 $1,558.20 $20,608.20 $137.39 Project Site Weld County Public Works (Misc. projects) Cement ($/Ton) Quantity 25 Tons/Trip Total Material Rndtrips Rndtrip Total DeliveryTotal Total Project $ per Ton/Delivered (For Type I-11 Type 1-11 Rqd Miles Miles $/Mile information only) GCC $133.25 1396 $186,017.00 56 122 6,812 $2.65 $18,053.07 $204)070.07 $146.18 Cemex $127.00 1396 $177,292.00 56 92 5,137 $3.60 $18,494.21 $195,786.21 .$140.25 Standby Time GCC Cemex Standby hours Cost per hour Total Cost - 20 $110.00 $2,200.00 20 $110.00 $2,200.00 Total Tons I7,977 GCC total Cost $1,182,747.52 avg. cost per ton/Del. $148.24 Cemex 2019 bid price $1,127,967.11 avg. cost per ton/Del. $141.26 Hello