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Home My WebLink About20210895.tiffCorrhvac`� ►D1�5(� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Class 6 Base DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: February 8.2022 PERSON REQUESTING: Duane R. Naibauer. County Public Works Brief description of the problem/issue: The agreement for the Class 6 Contract can be extended from April 12, 2022 to April 11, 2023 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) price for Crushed Stone Base Course which did have an increase of 4.26% from January 2021 to January 2022. Mill Iron Mining is requesting an increase of 4.0% for Central and South County for 2022. This increase of 4.0% falls within the allowable increase by the ENR. The Purchased Class 6 budget amount for 2022 is $506,000.00. The contract price would be up to and not to exceed the budgeted amount for Mill Iron Mining. Mill Iron Mining was awarded this contract in 2021, bid #B2100075 as the low bid in Central and South Weld County 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: Public Works recommends approval for Mill Iron Mining under the Contract. Approve Schedule Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine 63/b1/ZZ Work Session Other/Comments: c-, oo-71 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS ( AND MILL IRON AGGREGATES MINING This Agreement Extension/Renewal ('Renewal'), made and entered into ,day of March. AMU 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 Mil Iron Aloeregates Min. hereinafter referred to as the Contractor. WHEREAS the parties entered into an agreement (the'Original Agreement'), identified by the Weld County Clerk to the Board of County Commissioners as document No. 82100075 2021-0845 approved on May 10, 20j,. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the tents 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 April 11, 2022. • The parties agree to extend the Original Agreement for an additional 1 year, which will begin April 12.2022. and will end on April 1L 2023. • The Renewal, together with the Original Agreement, and the 2022 Fee Schedule constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. The 2021 Fee Schedule of the 2021 contract shall be replaced by the attached 2022 Fee Schedule, which Is attached and as exhibit A and incorporated by reference. • 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. (WARD of COUNTY MMISSIONfRS WEW Scott . James, Chair MAR 0 `I ATTEST: v• `'i �' Weld Coh)nty/uerx to the Board _ BY: Deputy Clerk ---r -Z)0 BID SCHEDULE 2022 CLASS 6 BASE North Weld County — North of State Highway 14 ITEM ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location # PER UNIT CABC6 703.03 0 TON NA Central Weld County — South of State Highway 14 & North of State Highway 34 ITEM ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location # PER UNIT Mill Iron Up to 703.03 CABC6 25,000 TON $8.84 South Weld County - South of State Highway 34 ITEM ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location # PER UNIT Mill Iron Up to CABC6 703.03 25,000 TON $8.84, Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications. FIRM NAME:_Mill Iron Mining BUSINESS ADDRESS: 801 8th St. CITY, STATE, ZIP CODE: Greeley CO 80631 TELEPHONE NO: 970-566-5090 EMAIL: TAXpav�R In BY: TI TI DA1 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. New Contract Request Entity Information Entity Name* MILL IRON MINING Contract Name * CLASS 6 ROAD BASE SUPPLY Contract Status CTB REVIEW Entity ID* 9,00035022 ❑ New Entity? Contract ID 5639 Contract Lead DNAIBAUER Contract Lead Email dnaibauerWco.weld.co.us Contract Description SUPPLY CLASS 6 ROAD BASE FOR CONSTRUCTIONN PROJECTS IN WELD COUNTY Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested 8 CC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 03.,'032022 0307,2022 Amount* Department Email $ 506,000.00 CM- Will a work session with BOCC be required?* PublicWorks@@weldgov.com NO Renewable YES Department Head Email Does Contract require Purchasing Dept. to be included? CM-PublicWorks- Automatic Renewal DeptHeadC reldgov.com Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COU NTYATTORN EY:-�WELDG 0V.COM if this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 01 16 2023 04:122023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 0302!2022 Final Approval IBOCC Approved BOCC Signed Date BOCC Agenda Date 0307:2022 Originator DNAIBAUER Contact Type w#717T Contact Phone I Contact Phone 2 Purchasing Approved Date 03 02 2022 Finance Approver CONSENT Finance Approved Date 0302.2022 Tyler Ref # AG 030722 Legal Counsel CONSENT Legal Counsel Approved Date 03 02 2022 ac / WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & MILL IRON MINING ROAD BASE SUPPLY - CLASS 6 THIS AGREEMENT is made and entered into this day of MAY, 2021, 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 Mill Iron Mining, a corporation, who whose address is 801 8th St. suit 130 Greeley, CO 80631, hereinafter referred to as "Contractor". WHEREAS, County desires to purchase from Contractor Road Base Supply — Class 6 as described in Exhibit A and B, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein; the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A and B, of which forms an integral part of this Agreement. Exhibit A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100075 2021-0895. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary. to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits rescribed by County may result in ,2579 County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $97,350.00 which is the bid set forth in Exhibit A. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit A. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warrantiesand guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: uitl rements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified of any reduction, loss, ornx1ifica1ion to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss Aggregate 1,000,000 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Mill Iron Mining Attn.: Owner Address: 801 8th St. suit 130 Greeley, CO 80631 Address: E-mail: kahodgeI@comcast.net Phone:970-566-5040 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Duane R. Naibauer Position: Weld County Road and Bridge Construction Supervisor Address: 1111 H St. Greeley, CO 80632-0758 Address: P.O. Box 758 Greeley, CO 80632-0758 E-mail: dnaibauer@weldgov.com Phone: 970-400-3786 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 28. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 32. Attorneys Fees/Lenal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 1 0 +h day of_ (Y\� . , 2021. CONTRACTOR: By: Name: Title: WELD COUNTY: ATTES p Weldtoudty Clerk to the] Deputy Date . BOARD OF COUNTY COMMISSIONERS oard -1 WELD COUNTY, COLORADO Moreno, Chair MAY 1 0 2021 XO02/ — 29c WELD COUNTY AND SPECIFICATIONS FOR PROJECT: - • f April 2021 Weld County Public Works Division of Road and Bridge 1111 H Street Greeley, Colorado 80632 970-304-6496 B1800078 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *AII Bidders must submit these forms with their Bid. Noticeto Bidders.............................................................................................................................. 3 Invitationfor Bids.............................................................................................................................. 3 Instructionsto Bidders.................................................................................................................4-10 *Scope of Work, Specifications, and Bid Schedule....................................................................11-14 *Supply Contract Bond...................................................................................................................15 *IRS Form W-9...........................................................................................................................16-19 *Anti Collusion.........................................................................................................,....................... 20 WELD COUNTY CONTRACT FORMS: **Low Bidder must submit these forms prior to Contract Award. **Notice of Award and Acceptance of Notice..................................................................................21 B2100075 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: MARCH 5, 2021 BID NUMBER: #82100075 DESCRIPTION: CLASS 6 BASE (CENTRAL & SOUTH WELD COUNTY) DEPARTMENT: 32300 ROAD & BRIDGE CONSTRUCTION BID OPENING DATE: MARCH 24, 2021 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: CLASS 6 ROAD BASE SUPPLY CENTRAL & SOUTH WELD COUNTY Bids will be received for the above stated equipment up to, but not later than: Wednesday, March 24, 2021 at 1:30 PM (Weld County Purchasing Time.Clock). Due to COVID-19, instead of an "in -person" bid opening, the submitted bids will be read over a Microsoft Teams Conference Call on March 24, 2021 at 2:00 PM. To join, call the phone number and enter the Conference ID provided below: Phone number: 720-439-5261 Phone Conference ID: PAGES I - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 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 Delivery to Weld County: 1. Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bids weldgov.com; however, 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. 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. B2100075 3 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), 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 B2100075 bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8- 17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS 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. B2100075 5 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 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. B2100075 6 N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants 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. 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 B2100075 7 any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/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 forwhich notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. B2100075 8 The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. B2100075 Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. Class 6 Road Base Supply Weld County has various projects across the county. The intent of this bid request is to establish three (3) sources of Class 6 road base at locations that are geographically favorable to the County for upcoming projects. The bid, in general consists of crushing, stockpiling and loading up to 20,000 tons of aggregate material for the road construction projects within Weld County. All pricing should include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all road base will be by Weld County personnel. A supply bond will be required for each award (for the awarded amount). GENERAL CONDITIONS AND SCOPE: 1. The contractor will follow all rules and regulation stipulated in the permit for the site. 2. Project time will be from April 2021 through April 2022. 3. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 4. Certified scales are required. 5. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the pit. All tickets must be legibly signed by a Weld County employee. B2100075 10 6. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) > Air Pollution Permit (for crusher unit) 7. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 8. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials' may be purchased from multiple bidders based on plant location. 9. The specification for material supply shall be in accordance with the 2019 Colorado Department of Transportation, Standard Specification for Road and Bridge Construction, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Work Department. 10. Class 6 class shall meet the gradation of CDOT table 703-2, R -value of 69 or greater Los Angeles wear test not to exceed 40% loss, the liquid limit shall not be greater than 30 and the plasticity index shall not exceed 6. All material shall be free of vegetable matter and lumps or balls of clay. 11. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 12. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. TERMS AND CONDITIONS: This one-year contract is renewable for up to (2) additional years. Material cost adjustments will be considered at the end of each contract year. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the material contract if, in the opinion of the Public Works Director, the cost increase are not justified or consistent with regional trends. Weld County Contacts: Question related to the project and procedures should be directed to: Duane R. Naibauer — Road and Bridge Construction Supervisor Weld County Public Works (970) 400-3786 dnaibauer@weldgov.com Curtis Hall — Deputy Director Weld County Public Works (970) 400-3721 chall@weldgov.com B2100075 11 Revisions to Colorado Department of Transportation. Standard Specification for Road and Bridge Construction 2019: Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3 shall be revised to include the following: One day's placement will be considered a lot, once a lot reaches 2,000 tons that lot will be divided into sub - lots. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the standard specifications is hereby revised for this project as follows: Section 106.03 shall be revised to include the following: 1) Sampling and testing will be done in accordance with table 1-A 2) Weld County reserves the right to select random sample from the stockpile at any time. QA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30/4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for prices reduction based on section 105.03. Frequency Sampling and testing Schedule Type of Test QA Sampling and QC Sampling and Verification testing (ASTM, AASHTO or testing Testing Colorado Procedures ) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO 127 and CP 31-19 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 LA Abrasion 1 per source 1 per source AASHTO T96 R -value 1 per source 1 per source AASHTO T190 CP-L 3101 B2100075 12 BID SCHEDULE North Weld County - North of State Highway 14 ITEM # ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE Pit Location UNIT Class 703.03 0 TON ABC6 Central Weld County - South of State Highway 14 & North of State Highway 34 ITEM ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location # PER UNIT Up to 703.03 Class 6 30,000 TON ABC South Weld County - South of State Highway 34 ITEM ITEM QUANTITY UNIT PRICE CONTRACT PRICE Pit Location # PER UNIT Up to CABC6 703.03 14,000 TON B2100075 13 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82100075. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE FAX TAX ID # **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** __ ..;ti1Yliii _ _ _ . I._tI:).: _ B2100075 14 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 Obligee, (hereinafter called the Buyer), in the just and full sum of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this day of ,20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) B2100075 15 F. e0 I Request for Taxpayer I Give form to the tAaw. Noeen box 2006,5 requester. Do not ldentifioation Number and Certification send to the IRS. ci Noma tin shorn on ymr I(cctraa taco n&zn) EL Miasma. name it dirtarent Icon above ❑ hndNlttWl+ ❑ Oarpor�kra Chock approprYda Doe: aoa propdasco eAddrosa 1r moor, shoat, and apt a auto no.) Gy, rlatra, and ZF coda m lilt accost: nurnbat ham ibp bnaq A ❑ Pwinardip L] Other ♦ ...... .......... ❑ rr9 baclup Ratlinarar•a rrra and address iopIkr i Eater your TN In the appropriate box The TIN provided must match the name given on une 1 to avoid Social aaaurhlr number badap withholding. For IndMduals, this is your sod aeeurtly number (SS. However, ror a resident I alien, sole proprietor, or disregarded entity, see tine Part I Instructions an page 3. For ocher entitles, It Is your employer Identlncatkrr number (EtN). If you do not have a number, see libw da get a 77N on page 3. or Note_ If the account Is In more then one name, see the chart on page 4 for guidelines on whose IanproyasrIden uIoalJan nuinnbar number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number r I am waiting for a number to be issued to noel, and 2. I am not subject to badaip Withholding because (a) I an euernpt from backup witlridding, or (b) I Iowa not been notified 4 the Internal Revenue Service (iRSr that I am subject to backup withholdl g as a result of a lalure to report all Interest or tlrvktends, or ;oj the IRS has notified me that I am no longer subject to badaup withholdng, and 3. I am a U.S. person fndudng a U.S. resident alarm. certlilcanon Instructions. You must cross out Item 2 gene If you have been notified by the IRS that yci, are currently subject to backi.p withholding because you have fated to report all Interest and dnklends on your tax return For real estate transacllons, roam 2 does not apply For mortgage Interest paid, acqutsitIon or abandonment of secured property, cancellation of debt, contritxmons to an IndfvIdual retirement arrangement (IRA), and generally, p inents other than Interest and dMdendfi, you are not required to sign the Certification, but you must provide your coned t TiN. (See the Instructions on page 4.) Sign elgnN�aro u.e. ;Mn'pareaNo Data Purpose of Form A person who is required to file an information retirn with the IRS, must obtain yctx correct taxpayer identification number (TIN) to reptt. br smF9e, income paid to you, real estate treaneacdars, mcctrjege interest you pail, acqieitbn or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Uae Form W-9 only if a &j are a (i.S. person Qncludng a resident alien), to to ovride your correct TIN to the person regtieedng it (the requester) and. when eppltcehle. to: 1. Certify that the TIN you ere yving is correct (or you are waiting for a ralnber to be ia&-wL i, 2. Certify that you are not subject to backupwithhakiing, cm - 3. Claire on fir -in backup withholding if y xI Er? a U,5. eaampt payee. In 3 above, if eppfcebi+ ycaa are also osilifying that as a U.S. person, your allocable Were of any poriner r ll coma from a U.S. trade or buelrs is riot .subject to the withhoking tact on foreiign partners' abate of effectively connected ire' hie. Note. if a requester ,gives you a form oilier than Frtm W-' to re:µhest your TIN, you mist use the requester's form if it is ej.hstantblly similar to this F:mn W-9. For feclee al tae purport?, ycu are oonai:ler i a perxvi if you • An indhAdue who is a citizen or resident of the United Suter, • A partnership, corporation, ccrnre ny. or association created cc organized in the United States or under the laws of U'* United States, or • .Why estate (other then a foreign estate) or trust See Regulations sections 301.7701-6(a) and 7a) for additional information. Special rules for partnerships. Part nereFips that conduct a trodla or bueinesa in the United States are generally required to pay a withholding taxi on any foreign perthera' share of income from such talelnees. Further, in certain oases where a Form W-9 has not been received, a partnerel-ip is required to preetxne, that a partner Is a foreign person, and pay the voiftdding tax, Ttsepskre, If you are a 115 person *at ie a partner in a parmership conducting a trade or busMee in the United States. provide Form W-9 to the partnership to eeteblieh your U.S. st&r8-re end avoid wi*ticlding on your share of partnership Income. The person who gives Farm W-9 to the partnership fix pun{; ae5 of establishinct its U.S. staters and avo ling wham - ding on its aticrat-fe share of net incorne from the pertnecahip' ocncLicting a SEEle or Wainese in the United States is in the fclkeeing Caere: e The LI.S, owner of a disregaided'entity and mat de. entity, :a r1. 10.^9tk Farm - Inar. ii -cot B2100075 16 Fonn WA try'. f 1,2tx61 Page 2 • The U.S. grantor or other owner of a grantor trust and riot the trust, and • The U.S. trust Cothar than a grantor trust) and not the benefioladea of the trust Foft parsoa If you area fo.lgn person, do not use Form W.Q. Inete.i use theappropriate Form W-8 (see Publication 515, Wlthhddhg of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on types of incom& er most lase contain a proviska luwnas a "saving clacee.E ono specified In the saving clause may permit an exemption from taxi to continue for certain types of income n after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. re entalien who is tallying on an a*oepcn contained in the saving clause of a laic treaty to claim en exemption from U.S. tax on certain types of income, you muetatteehastatemertt to Form W-9 that specifies the MkmIr five ltemtc 1. The treaty country. Generally, this must be the same treaty under wHch you claimed aw.ernplion from tax as a nonresident alien. 2. The treaty article edcb'easing the income. S. The article nu mber (or krcatk in the tax, treaty that contains the easing clause and its exceptics. 4. The type and amount of income it -at qualifies for the exemption from tar. 5. Sufficient facts to justify the exemption from tot under the terms of the treaty article. Eramp1a, Article 2O of the U.S.-China 1nocame to treaty allows, an exemption from tax for echdar &p income received la Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for taw txsee if his or her stay in the United States .scase4s 5 calendar yaears. Fl paragraph 2 of the first Protocc1 to the U.S.-China treaty (dated April 3O, t ) allows tie provisions of Article 20 to continue to apply even after the Chinese student becomes a resident align of the United States. A Cf-mesa student who qualifies for tole exception (cuter paragraph 2 of the first protocol) and is relying on 11hie exception to claim an •seesmpticn frcm tart on his or her scholarship, or felic,*vhip Uorsewould attach to Form W-9 a statement that includes the infomration deecribtd above to support that exsmpbon. If you are a nonreadent alien or a foreign entity rat subject to teop wit )ding, give the rsuester the appropiete completed Form W-8. What is backup withholding? Persons making certain i eyanents to you must under certain conditions withhold and pay to, the IRS 28% of such payments (altar tecembisr 91, 20021. This is called 'backup withholding.' Payments that may be subject to backup withholding include interest dividends, bicker and barter exchange transactions, rants, royalties. nonarrpk.yes pay, and certain payments from fishing Ix'at cp rattan. Real estate trar'teaticns are rod subject to i ackup withfw,k:iing. 'iou will rr et be eut.ject to lockup withla+ai°Jing cn p+c rnar'rts your reosive if you give the naquester your ccsreot 11 N, mete the proper certifications., and report all yxr taxable interest anti dividends on y lr tax ream. Payments you receive will be subject to backup withholding if: 1. Y.,u do rot fti Trish yoea TI to MYe t;iq.reatei, 2. Yca.r':1:. not citify your TIN 4hen r=:p.rireJ i the Part II iir?uucri:oils .:ii is ,e 4 fcc cleteilur, 2. The IRS tells the req.ieetar that you furnished an Incorrect Ti N, .t. The IRS tells you that you are subject to backup frig because you did not report all your Interest and dividends on your tax return (for repo interest and dividends only), or 5. You do riot certify to the requester that you are not .subject to backup wltliioiding under 4 above (for reportable interset and dividend accounts opened after 1963 only), Certain payes and payments are exerrpt from backup wittthcldkvj. ee a the instructors bekw end the eaparte Instructions for the Requester of Form W-9. Also ass Speciel ivies ragarctng partsereipa on page 1, Penalties FaihntofUm1shTK It u fail to furnish yc r correct TIN to a requester, you are swot to a penalty of $60 for each such fakre unless your failure is due to reasonable cause and not to willful neglect Civil penalty for false information with respect to withholding. If you make a false slatement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certificetions or affirmations: may subject you to criminal penalties including fines arxibr impriacrrnant. Misuse of TIN. If the requester discloses or uses TINs in violation of federal law', the requester may be subject to civil and criminal panalliea. Specific Instructions Name If you are an individual, you must geneiaily enter the name showtn on your Income �c return However, if you have changed your last name, for instance, due to marriage wilttut informing the Social Security Administration of the name change, enter your first name, the last name ahaxn on your social security card, and your new last name. If the account is in joint nines, list first, end then circle, the name of the person or entity wt v ee number you sabered in Part I of the form. Sole proprietor. Enter your Individual name as shown on your income tax return on the "Name' line. You may enter year business, trade, cs 'doing business as (CEA) name on the 'Business name' line. Limited liability company [LLC). If you are a single -mamba' LLC rjt piing a ftralqn LLC with a iccasner that is disregarded as en entity separate from Its owner under Treasury regr_iationa section 201.7701-3, enter the owners name on the 'Name" line. Enter the LLC'e name on the 'Bus€ness name line. Check the appropriate h:et for your filing status (sole prcrprietcr, corporation. etc.), then check the txax for "Other' and enter 'LLO' i1 the apace pr sided. Other entities. Enter your bu,tineae nerne as .shcwv n cal required federal tax dkcurnents cal the "Nelms' line. The name should match the name shown on the charter or other' N ls1 .:locurna nt creating the entity. Y.:u may enter airy budni a trade, of cBA narcr cci the Busir- as name?' line. Note. Y':.0 are r ieat_d b: check the lx. isr you• status ilncividuel''m,y prc:,l:sietor, "r+:rlsxaticm, etc.... Exempt From Backup Withholdixj If yt.,u are exempt canter your name as •:taecribt.:l rl:.:.o alul check the appropriate I.x,x kin yT:,ui status then check the 'E'-.ml:'tfi'_r•n be: ka.rl,'kithhchJirti' box in the' line' fulk;aing the: bursas name. ;4':)n and date the h:a'in. B2100075 17 Form w-9, w 11-2C0E) Fcga 3 Generally, individuals (Including sole proprietors) ale not exempt horn backupfthhotdlng. Corporationsexempt fern backup w Miliolding for certain paymenta, such as interest and dividends. Note. If you are exempt from baclq arithtwciding, you should ailil compute the form to avoid poeeible em*neoua bacio p withholding. Exempt payees. Backup withholding fa not required on any payments made to the folbwh>;g payees: 1. An organization exempt from trek under section 501(4 any iRA, ore custodial aocount under section 403 if the account satiates the reqJramnw of,aection 401 2. The United States or any of its agencies or instn.mentslltles, 3. A etate the district of Columbia, a poae.eaion of the UnIted States, or any of their political subdivisions or inetri.ment ll ee, 4. A foreign government or arty of Its political sutxliNaians, agencies, or instrumentaiftiea, or 5. An international organization or any of its agencies or Inatrvnentalities. Other payees that may be exempt fiom backup w'rholdfng includes 6. A ccrporation, 7. A foreign central bank of issue. S. A dealer in securities or commodities required to register in the United Statee, the District of Columbia. or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Tracing Commission. 10. A real estate inv'eetment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940. 12. A common trust fund operated by a bark under section 584(a), 13. A financid institution, 14. A middlemen known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below- shows types of payments that may be exempt from backupwithhsalding. The chart applies to the exempt recipients listed ak+.ve, 1 thnx,�p is. IF the payment is for ... THEN the payment Is enernpt for... Interest and dividend payments All exempt recipients except for 9 groker transactions Exempt recipients I thrcugfw 13. Also a person registered under the Investment AA7rlsers Aix of 1940 wt regularly acts as a troioar Barter eoocnanga tra'sacticrrs Exempt recipients 1 throucil 5 and patronage.1'.ldends Payments oar 9500 required C;aeriera$y, exempt recd dents to be reported and direct 1 thfough 7' sales o.er t.5.a)0 e 'sea Fcirn 1004-MBC, Mlscallr)rcua Vxcrnq and Its ttstnxlkrrL r Wwwoor, ea iok'xhg pe .ante mada is I corpradkn,tncUg gross praoe*i pall to an x rnvf u -den 7r c ion &)4S. . ;iron V rte shames k a ccrpxallciri, rrd raporta!:4 on Form 107?.Ml5-- are nol aearpi Corr, br-iaip wtthholdhg: nrdkal and host, carp psymx*s, aCcrnay�' le; and parrmarta icr oarvleas pall by a hAc+ol afAaollR+a agancv. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate bolt. If you are a resident alien and you do rot have and are riot ail tom' to get an 8814. ygutrpll . Enter it In l security nour IRS lndlv$durd it m ar idarttco it you bar not have en 11tH, sae How to get a flN below. If you are a We p�fre'oprietor and you have are EIN, you may enter either your 8814 cc EIN, r the IRS prefers that you use your 88N. If you are a single-otin er LLC that le disregarded as an enhity separate from its see ` ao f L on page 2ri,enter your 8814 (cc EIN, If you have one). If the LLC Is a cooration, partnership, atc., enter entity's EIN. Note. See the chart on page 4 for further clarification of name and TI 03nb1nahi0n5. How to get a TN. If you do not have a TiN, apply for are imrrtediatedy. To apply for an 88N, got Form SS -5. Application for a Social Security Card, from your local Social Security Adminletretbn office or got this form online at www.eoeleew.rtygov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application far IRS IrrdMduat Taxpayer Identification Number, to apply for an FFIN, or Form -4, Application far Employer Identification Number, to apply for an EIN. You can apply for an EIN oNine by accessing the IRS webelte etwwwkgov/bu&oee$ea arid clicking on Employer ID Numbers uder Related Topics. You can get Forms W-7 and 98-4 from the IRS by visiting www.lra.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you we asked to complete Form W-9 but do not haves TIN, write 'Applied For' in the space for the TIN, sign and date the form, end give it to the requester. For Interest and dividend payments, acrd certain payments with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are euF-4eot to beok>»i) wittl"addhwg on payments. The 80 -day rate does not apply to other types of payments. You ,will be subject to backup withholding on all such payments until you provide your Ti N to the requester. Note. Writing 'Applied For" means that you have already applied for a TIN or that you intend to apply for one Win. Caution: A domestic entity that has a awrxr must use the appnoprrate Fwm W-8. B2100075 18 Farm WA (Roe.11.2006i papa 4 Part II. Certification To establish to the withholding agent that you are a U.B. person, or resident alien, sign Form W -Q. You may be requeated to sign by the wfthhokfrtgagent even it Items 1. 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign 'cuter reqirac Exempt recipients, see Exempt Fom up W hhoklg on page 2. Signature r.qukem.nte. Gomete the certification as Indicated In i through 1. Interest, dividend, and barter exchange accounts opened before 1884 and broker accounts cons, active during 1963. You must give your correct TIN, but you do not have to sign the certification. 2. Interact. dividend, broker, and barter exchange accounts opened after 198r3 and broker accounts conaiderad inactive during 1983. You must sign the certification or becla.p withholding will apply. It you are to backup withholding and you are merely prodding yokr correct TiN to the requester, you must croea out item 2 In the certification before signing the form. 3. Real estate transactions. You must elfin the certification. You may cross out item 2 of the certification. 4. Other payments. You nx.ist give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an inoonect TIN. patt»aryt9Include payments made in the, coxee of the req is trade or business for rents, royalties, good& (other than bills for merchandise), medical and health care services (Includng payments to co ions), payments to a nonempbyee far services, payments to certain fishing boat crew members and fishermen, and glow prooeede paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 620+, IFtA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give year correct 71N, but you do riot have 6a r4gr1 the oertificadan. What Name and Number To Give the Requester For tide trpo of accent Oke name and eiN at 1. Individual The Individual 2, Two or more IndMduals Qdrrt The actual caner or the account account) or, if combined fords, the first Individual on the account' 9. Custodian account of a minor The minor' (lJrilorm Gltt to Minors Act} a a. The usual revacat4e The grartor-trustee ' savings trust {grantor Is also trustee) b. O -called trust account The actual caner' that is not a legal or valid trust ender state law 5. Sole proprietorship or The owner' single -owner LLC For this If pa of accant Give ram* area SIN at 6. sae proprietorshp or The owner a shgie- ener LLC d. A Vaud trust estate, or Legal entI pension trust 9. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association. drts, religious. The organization charitable, educational, or otter tax -stern t organtraIon to. Partnership or rnuttl-minter The pertnersrlp LLC 11. A troller or registered The broker or nominee nomr•ree 12 Account with the Department The pub4IC enhCy of Agrtcriture In the nave of a pubic entity isudl as a state or local govemrnerrI. school dtsirlot or prison) that receives agricultural program payments 'Uit itrt and stole Ina nomo al rho par cn'Mesas numb you rurtrah It Orly aca pram m a IoM &cwt" has an aeN, that p,xson's rxrrta must ba t,rnhhad. s Cttta Uea nlnor's owns and Ilrnhh aia minor's Fa N. You must star' your MMtWor coma and you may aba rear you tunas or 05A rama on rha sacarld rata has You may use sitar your 88N or at-i,ir you haw anal. II you are a sor0 propdelor, rxe oncairegaa you is una your seN. • Ust tit a -id circle Ina niwne of 1ha legal Suit, ralale, or patslon m i t. ID) not lrnlh iha TIN of Ills paoona naprasrrtttrro or tuataa Wass ins legal unity nor a not ciwkratad in atio accorrri Mkk*I .also sea 8pechr,ct4aa ragirdpg M's on page 1. (tote. If no name is circled when mare dean one rams is listed, the rxmber will be considered to be that of the first name listed. Privacy Act Notice Section 6 tog of the Internal Revenue Code rtgJrse you to provid€• your correct TIN to persons who rr'ast file information returns with the IRS to report interest, dividend&, and cettaan oti`tsr in o+ccne paid to you, mortgage interest you paid, the scquisitkci Cr abandonment of secured property, cencailation of debt, or oontributi3ns you made to an IRA, or Archer fv1SA or HSA. The IRS u r e m1:ere far i:lat'riiitoartoon purer -ems and to help verify the eccurecy of your W. rekrn. The IR3 may also p Y,iMe this information to the Depfirtm.Fnt of Jostles for civil ncl criminal litigation. and to cities, states, tht. District of 6olumbia. and U.& I'Ceesahiona to ostry out their Ufa lanes. We may slao discl_re this information to ottw• cco-Miee'.rxl•r a tax trsity, to fr-Jerfal and state rn p?rr�ies to enfcs:e fe anal ll:c tax criminal Iae•e or to fed -cal law enkn truant and intelligence aK}scici:ae t: ?nibat t 'risen' You rust prr_wi:le yxr TIN ,vtwsther •Jl not y':el .src rugr.ired to file a tae return. Psyera must enerall' .vitt trial 28% of tenable interest, ,ividend, and certain other I ,melts to a payee et -a, .:k,es n:rt ,jve a TIN to. a payer. Caftan penalties may al&' apply. B2100075 19 SECTION i PROJECT NQ ANTI -COLLUSION AFFIDAVIT LOCATIQY 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. Ctrrtaaao. r,rn r' .' y a•e By D e 2rci CJJ^Er9Ci Ur'5 fly ar 14wnpar'I Y na(t,M. (ii jO.tV ',r'. 1 By Cate T,3pa. .__ .�_......... Sworn to before me this day of 19 NOTE: This document must be signed in ink. -W I IL VI nYYMISV B2100075 20 Class 6 Road Base Supply To: Project Description: The project, in general consists of crushing, stockpiling and loading up to 36,000 tons of aggregate material for the re -graveling of roads within the central and north areas of Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2021. Weld County, Colorado, Owner By Curtis Hall, Operations Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2018. By: Title (Title Attach valid Corporate Power of Attorney Form B2100075 21 From: kahodgel @comcast.net Sent: Wednesday, March 24, 2021 8:16 AM To: Christie Peters Subject: RE: Test - Bid Attachments: weld county bid 2021.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I wave my right to a sealed bid. Kelly Hodge Mill Iron Mining 801 8th st. suit 130 Greeley Co 80631 From: Christie Peters Sent: Wednesday, March 24, 20218:15 AM To: Kahodgel@comcast.net Subject: Test - Bid Buyer - Purchasing Department 1 1 50 O Street Greeley, CO 80631 Pb: (970)400-4223 crnlaeters@weldaov.com 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. a From: kahodcge1 @ccmcast.net Sent: Wednesday, March 24, 2021 10.31 AM To. Christie Peters Subject: H.P Smart Attachments: 2021-03-24_102856.pdf Cantionti This email originated frofn outside of Weld County Government Do not click.links or open attachments Unless you recognize the sender and know the. content is safe. Kelly Hodge Mill Iron Mining 801'81'' st. suit 130 Greeley Co 80631 BID SCHEDULE North Weld County - North of State Highway 14 Central Weld County - South of State Highway 14 & North of State Highway 34 ITEM ITEM I QUANTITY UNIT PRICE CONTRACT PRICE #_ I PER UNIT Pit Location Up to . —- (/�- `-, ") 703.03 Class 6 30,000 j. TON <. 'JO K/ ABC South Weld County - South of State Highway 34 ITEM ITEM 1 QUANTITY UNIT PRICE I CONTRACT PRICE PER UNIT 703.03 Class 6 ABC Up to 14,000 TON Pit Location CeO B2100075 13 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100075. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5, Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZiP CODE Ci `/" ` TELEPHONE NO FAX PRINT SIGNi E-MAI DATE TAX ID # .. *ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-035551-0000. YOU OO NOT NEED TO SEND BACK PAGES 1 -9. 82100075 14 WI He [}lobar ?018) Jep3rtrPnt }t file rreas rg r'terral Revenue Service Ias sritlwrl Jn your neorne tic rttyrrig, rkeirwq is r urnito or Mill Iron Wring. LLC = 2 g n s narrsdlsregard& entity lame f d'ferert from above 3 rneck aopropr:ate t,ox try fydrtrdi IJirc t.'ais '.C-tln:! of 'no peour angge radne 3 entered or ,re 1 -"eck Only OM Of fro I^IInw Aka serer boxes c t� rdlJUSuav''9o1B Qr prerC,r n, t_.1 C CotoU(atior `! S I aannership rrtlst/eslafe at,_ sin+ite-r wv Der L i C t I 'W Lnm'4ed lraa'hty comoa''y. Enter the tax �!assrrtCAnur. is-i, �0ruwat.or S=$ Uorporatlar P. Parfntrshlpi® P Note: ChecK ice approianate o0A 11 Use :i^e awotelot the lap of he 3Jngle-n errbe' o' re r L)o root macs •' y 3 LLC ,1 tiro LLC s ,classified as a Yir�jla-!nemper LLU that •s u'9rogarisl 'rcmn the ore ,mane me owner of the LtG is another LLC that s not dis'egatded trom me Jwe' for jJ.S federal tax mftioses Otherwise, a sinyle-^lorrDcf LLC till' : is disroWded 'ram W'� owr:en snauld cJ.m h the appropr'ate be' fair the 'a't cya»si'iCatfurit its owre' Otr4, is 1*tft e 4 Exemptions icodes apply only to chain ontitnt, not rndrviduats, see nstructyor5 an pa.ye 3) Exempt payoo coot of any' Exemption front FATCA reporting cads if any I 5 4ddreris tnalrobdo Lto"I coo apt 0' W$ flOaLS InstrucIIoI's ,1 name and 801 8th Street Suite 130 ..- v.. .._ _a 6 tit`( state. and ZIP Cote Greeley, CO 80631 : 7 List account rtamberta' b here iep tCFt'ap n PC<.+n'J , :✓Y^N0 tJW J8 frI* I i Taxpayer tdetl tinter your TIN in the appropriate box The TIN provided must match the name given on line t to avoid SOCdsi etoudty nub backup w1hiwtding. For individuals this is generally your suciai Selcurity number (SSNI However for a 'es.cent alien, sole proprietor. or ❑'•sregartied ent!ty. see ire nstruettons lot Pan (, later For c?her - w` .jr rtt'es 4 is jour employe1 IdentI1icati'r number (EtNi tt sou do not nave a n.Jmner See 1nw to get a 77\' rater Or Note: V the account is in more than one name see the instructions for line t Also see Yana' Name anCl rnpleyrr t/ttittfftOabon nnpitttatY m a; t,n'ber To Gr.e me Requeste' for yudekrl s on whose number it; enter 9 4:5j 3 1 9 3 6 4 5 e 6 eltific tion raiser penalties of perjury i certify that 1 The i iumber shown on this form is Iny correct taxpayer ident ificatlor ,lumber iur ant wartirtq for is chiner to be issued to me); and ? ! am not subject to oackup wltnholding because: (a) 1 am dxernpt from backup wryrthnolding or Ib: I have not been notified by the Internal Revenue Stinrice _IRS) teal I am Sut>lect to backup witnhokl+^q ;ts rJ rpgi,tt of a failure to report all merest or dividends or ic; the IRS has notified me that I am i,:, r..nger c.:Jnyect to rtack;Jp wlthhoiiing and 3 ' ar: a US c t zen or other U.S Dersor (ueltned oelowi ano ' he f Al GA codeis} entered on this form (it any) indicating that I am erernpi from f-ATGA -sporting :s correct Certification instructions. Yo must cross out item 2 above I` vo.i rave been notified by the IRS t^at you are currently subject to backup wtthhoki ng because :n; nave use's ':o report aft interest and drvirierids or: vimt taA rntt,rn For real estate transactions item 2 does not apply For mortgage interest paid. .ict1LJ:.$Ittnr Or abandonment of secured prooer% cancellation of , contr buttons 10 an Individual retirement arrangement (WLA3,. and gececaUy. paymeists r,€.I tan interest and dividends you are not required to sign certificaI u Oi.i '.o.i rnyist provide your correct TIN See the oils* fitt1, later Sign Signature of Here U.S. person t General InstructiDne .Sect O' rk''Cc e'14:e5 dirt! tt! tt`td I rllkieltll ^tee-Qllili i.AtJC ::rtes Ci ie'we otrs; Future devetaprrt+ntt. F or the latest '%rorrrauoli anthel aevejopnien's a1id to Form vV-9 and Gs instruct.ons, such aegislattor PnactEd 3cLrr tt e'r'..ere publrtirea uu to w.'tw,cm ycivFurrr:7y9 I'H. tt : • •e .J" •'• -lcu;il Of entity II`CtnYr i`J-4 rQq ,esr!^ •'.n() 15 ' rt4tnh"U to fi,, cL .' ICJ"!' dhoti reture' w th trie IRS rriusf 0t?a:r yp„r Co' ret.t'a xpnei r'i4: •• t trcat:on;ljrnber ' T I?v wn'Ch m r ne yoi r StM'a`11 ,ecurty SS 4' tiavi dual iaAga`J d' aerltiticatior nj,noCt I ' ftl aQOpho'' 7A ta'r O' decf'trcalion :lu'noer A' INI ir employer 'Sit^ft1.,^,ail(?'• 7<In!L'e r'. "0 'p:xQ'i it !"fG"*"folic! re!.Jrr ice fm:? i^IV paid to ,r.. n- one' i •. iv" '{A!`u`T dtlie R dt f`tOntlil'-.I G'i rBtlr ;n It F;8"g71gp r^ ''n n( t!n' r' �J '1 Ir ti t4 .^,Li .ire t,.^,r rt eed 'l7 „}E t0liohi'i!I e , . jaiN 1 . ')re ay(r1e!l (S' ijd4.J f Data,.. ✓J' ► ..r -- r f' _„r ® Form 1099-DIV iaivldends nicludinq those tram 9tncks or mutual funds) • Form '099'MlSC roarci.ls types or ir':Crr'?. prizes. awards or gross pru;e ed5i • Form '099'8 tstocx or rrltit.at fund sales and certain other transactions oy br;Jk P_rS; x Form 1099-S fo'oc ecis from tea + estate Transactions) • Form '099•K ;^'ter:,hart cairn ,1rn :hr G piny networit transactions) • Fr}rrI ' 098 -r; rtjr,;u •tr::mot 098-F 3f i Cot loan 'rteresti •'96- r +tu,tior Farah ' U )3 C. ica^i:eied deo'- e F.Jru 'C 9-A'a(QL 1'P.;,r t dt)ar'ti�`,' .1 t'rr Jf sLcurdd prcperty, .eso Fr' tV-q or:. I ::,. ,ire a t I S ce's;}r ;' nct,;dirg a reslcent. 'G prf)v,"fe yt7t.f CO"ec' I IN /r1!t In nor r[)fLrr.. <: 5. dt; tic.? r M;:'• r:, ,r" " ,t.'-Q(d r. ni' 9 rn t110 nq See nr]Jiei3 i AW' d \'+tiat S L;1CN�p Vitt/ ycL' rnyh' ANIthholdtnq .'AI \a y .�.v W-9 SECTION ANTI -COLLUSION AFFIDAVIT A I hereby attest that I am the person responsible within my form for the final decision as to the price(s) and amount of this bid or if not that I have written etuthonzation. 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 I The prrceisi and amount of this brit have been arrived at independently without consultation communication or agreement for the purpose or with the eHtn:t of reslitctinq compeWiun with any tither limn riff person who s a nidder or dol rttial prime bidder 2A Neither the prire(s) nor the rrrrric)ura of this bid have beer, disclosed to any other firm or person who is a bidder or otentiat prime bidder on this projec:i and will not be so disclosed prior to bid opening 28 Neither the prices not the amount of thra 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 Na attempt has been made to solict) cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this urnject or to submit a bid higher than the bid of this firm or any intentionally high or non- couwetitive bid or other form of Complementary bid 'SB 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 art 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 of solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary hid 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 )(feted prMmsetl or paid casts of anything of value to any firm or person whether in conner.tton with this or any Other protect fit consideration (Or an agreement or promise by any firm or person to refr.iin from bidding or to submit any intentionally high. riOncolripetiltve or ulher form of ratmpCennentary bid fir agreeinq or promising to de so on Ihrs prnet t t,Iy f;rrlt has not arcepted Or been promised citify ruhc.ontract or agreement regarding the sate of maiertals o servrr.es to any firm or person snit has riot been prumred or paid cash or anything of value by any firm nr person whether tit t none ctutn with Ibi7, ry any officer pntjec.e. in : onsrderation for my firm s subrrattinq any inlentiottaly nigh honcornpelifive or other form of i.ornptetneniary hut. or agreeing or prornisirlg to do su un %firs pro)ert t t nt1VO made it detrgent inquiry of all members officers employees and agents of my firm with responsibilities rntatang to the propariiticaa +approval or sobrratssion of my firm's bid an this protect and have been advised by each of •them that lie or she has not participated in any communication, consultation discussion agreement collusion or ether Condi.u,t incransisient with arty of (hr; slalrrtnernts and representahonc made. In this affidavit lute}wrgtand ,tad my !inn undAr5lduets that any missrafemeni :n this alfidav,t rs and shall be treated as a fraudulent nnreaimutwt from trip Crituraiji) Derprart!nrnr .;A Transportation of the true fart~ relating. 10 subnussivn of bids for this nntr.ri;l I DECLARE tiNDER PENAL TY OF Ptk.jt;RY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT T,IE STAFFME:NTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST CJI- MY KN()WLf Dcii. •a, , t/ :7/' ,'T w 5rn Its before my this rem day of NOTE, This document must be signed in ink Peggy L Sherman NOTARY PUBLIC STATE OF COLORADO •MYC)MAM CS.. i E??ES D.:rter3C`. 2,T i ter r ILt. 411 rt r r r•arats B2100075 20 Contract Description - SUPFi_Y CLASS 6 ROAD BASE FOR ROAD CONSTRUCTION INN E COUNTY BY COUNTY CREWS Contract Type AGREEMENT ENT BLIC WORKS Amount* Department Email $3740000 CM- PublicWorksweldqovorn Renewable * YES r€m Head Email CM-Rubli- '..ars- tic ReneWal DeptHeadifweldgovcom (5r. t 'nom Attorney BOB CHOATE I ACounty Attorney -1 BCHOATECOWELDCOUS if this is a renewal enter previous Contract ID if this is part MSA enter ID Requested BOOC Agenda Date* 05/06/2021 05 / 10/2O21 Will a worksession i requiredT NO Does Contract require Purchasing Dept. t€ be included? l te: tl e PreviousCantract Number acrd Mastec greer ent rr be r sl ould be left blank if those contracts are riot irr n gees Contract Dates Ei _ € Renewal Date* * 01/10{2022 0/1/2 2 "err in ti "c Sri tiDc Fxprado to Contact, Info mation Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing aver Purchasing Approved Date CONSENT 05/04/2021 Approval Process Department Head Finance Approver Legal Counsel JAY MCDNALD CONSENT CONSENT OH Approved Date Finance Approved Date Legal Counsel Approved Date 0510412021 05/042021 050412021 Final Approval &)CC Approved Tyler Ret AG 051 021 KOCC Signed Date KOCC Agenda Date 05/10/2021 Originator DNAIBAUER MEMORANDUM TO: Board of Commissioners DATE: March 30, 2021 FROM: Jay McDonald, Director of Public Works SUBJECT: 2021 Class 6 Road Base Supply Bid, B2100075 The Public Works Department recommends the bid for Class 6 Road Base material for central and south Weld County be awarded to Mill Iron Mining, the lowest bidder. The price per ton for both areas is $8.50 per ton for a total cost of $374,000,00 for 44,000 tons of Class 6 material, The 2021 budgeted amount for Class 6 material is $506,000.00. If you have any questions, please call me at,extension 3761. M: mona:wordfiles/bids/mclass6roadbasesupply2021.docx oat- 095 CH/(a E600-79 DATE OF BID: MARCH 24, 2021 REQUEST FOR: ROAD BASE SUPPLY- CLASS 6 DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2100075 PRESENT DATE: MARCH 29, 2021 APPROVAL DATE: APRIL 12, 2021 VENDORS MILL IRON MINING 801 8TH Street Greeley CO 80631 J2 CONTRACTING CO 105 Coronado Ct, Unit A-101 Ft Collins CO 80632 AGGREGATE INDUSTRIES INC 1687 Cole Blvd, Ste. 300 Golden CO 80401 ASPHALT SPECIALTIES CO 10100 Dallas Street Henderson CO 80640 CONNELL RESOURCES INC 7785 Highland Meadows Pkwy, Ste 100 Ft. Collins CO 80528 WELD COUNTY PURCHASING 1150O Street Room #107, Greeley CO 80631 E-mail: rturfCaD_weIdgov.com E-mail: reverett(a)_weldgov.com E-mail : cmpeters(aD-weldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 SOUTH OF STATE HWY 14 & NORTH OF STATE HWY 34 PRICE PER TON CONTRACT PRICE (QTY: 30,000) $8.50 - $255,000 PIT LOCATION: 590 Balsam Avenue, Greeley CO $8.95 - $268,500 SOUTH OF STATE HWY 34 PRICE PER TON CONTRACT PR ICE (QTY: 14,000) $8.50 - $119,000 $8.95 - $125,300 PIT LOCATION: Journey Ventures Pit — 24819 WCR 58, Greeley CO - or 1390 Holly Ave, Greeley CO $9.25 - $277,500 $9.25 - $129,500 PIT LOCATION: Longmont Plant, 1587 CR 20 1/2, Longmont CO 80504 NO BID PIT LOCATION: Nelson Pit — 6755 WCR 26, Longmont CO 80504 $12.50 - $375,000 PIT LOCATION: Carr Pit, 8821 CR 126, Carr, CO 80612 $12.00 - $168,000 NO BID 2021-0895 03/x01 a&©Oi 9 Page 2 DATE OF BID: MARCH 24, 2021 REQUEST FOR: ROAD BASE SUPPLY- CLASS 6 DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2100075 PRESENT DATE: MARCH 29, 2021 APPROVAL DATE: APRIL 12, 2021 VENDORS MARTIN MARIETTA 1800 N TAFT HILL RD Ft Collins CO 80521 LG. EVERIST INC 7321 E. 88TH AVENUE, #200 HENDERSON CO 80640 VARRA COMPANIES 8120 GAGE STREET FREDERICKCO 80516 PUBLIC WORKS WILL REVIEW THE BIDS. SOUTH OF STATE HWY 14 & NORTH OF STATE HWY 34 SOUTH OF STATE HWY 34 PRICE PER TON CONTRACT PRICE PRICE PER TON CONTRACT PR ICE (QTY: 30,000) $10.50 - $315,000 PIT LOCATION: 925 N. 35TH Avenue, Greeley CO NO BID PIT LOCATION: 6254 CR 26, Firestone CO 80504 $15.50 - $465,000 PIT LOCATION: 1431 E. 16TH Street, Greeley CO (QTY: 14,000) $10.50 - $147,000 $11.41 - $159,740 $15.50 - $217,000 Hello