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Home My WebLink About20192003.tiffrl+ra c+ = O 4* `-1 Cc aB' BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: (Recycled Asphalt Product for HRP road projects) DEPARTMENT: Public Works DATE: March 19, 2021 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: When Public Works went out to bid for the Recycled Asphalt Product for the 2019 HRP road projects (#B1900028) we did not receive any bids. This was due largely to the products for this type of construction not being readily available in the industry. Public Works had researched and found a company, Henderson Recycle, that would be able to supply these products at the quantities required to complete the 2019 year's HRP road projects. Public Works was able to start using Henderson Recycle again for the 2020 HRP projects but they soon ran low on product and were unable to keep up with quantities needed. Public Works worked last year to find another source and found Bucklen Equipment in Greeley. Public Works was able to use what material they had to finish the 2020 HRP projects. Public Works would like to consider both these vendors as sole source vendors to be able to purchase the material we will need to help complete the 2021 HRP projects. The budgeted amount for the HRP project roads for material for 2021 is $4,000,000.00 and the projected cost for material for these projects is $935,000.00 Both companies did not ask for a price increase for any of their products this year and with the prices quoted from both Henderson and Bucklen, Public Works will be able to stay under budget for the projects this year. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to extend/renew the contracts as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends using both vendors Henderson Recycle and Bucklen Equipment as a sole source for the needed products to complete this year's HRP road projects. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine pc: Jay McDonald, Director, Public Works Curtis Hall, Deputy Director, Public Works -1-/-/02--02/ Schedule Work Session Other/Comments: T.ti 971 -60 -4 -e -C .74--/c2-02 a)) 02_01q_02_ba; 6 IDb %w CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS, GRAVEL ROAD MGMT. DIVISION AND Henderson Recede/ 120 85, LLC +h This Agreement Extension/Renewal ("Renewal"), made and entered into I o'' day of April, 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, Gravel Road Memt. Division, hereinafter referred to as the "Department", and Henderson Recycle/ 120 85, LLC., 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. 2019-2003 approved on May 29,2019. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2022. • The parties agree to extend the Original Agreement for an additional NS -day period, which will begin April 1, 2021, and will end on December 31, 2021. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Contract Time Extension: This is the second extension of a possible two-year extension. Z. Change to the Original Bid Schedule: There is no price increase from the 2020 extension/renewal to the 2021 extension/renewal. • 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. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1C Keily, Henderson Recycle/ 120 85, LLC Printed Name Steve Moreno, Chair APR 1 2 2021. daiwv ..(d4,;„k, vb3 Entity Information Entity Name 120 85 LLC Contract Name* RECYCLED ASPHALT ''CONCRETE PRODUCT Contract Status CTB REVIEW' Entity ID* •00040877 Contract Description* RECYCLED ASPHALT;CONCRETE PRODUCTS FOR HRP ROADS New Entity? Contract ID 4628 Contract Lead* MUVENGOOD Contract Lead Email MLivengoocIPco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 120 85, LLC (HENDERSON RECYCLE RECYCLED ASPHALT; CONCRETE PRODUCTS. SECOND EXTENSION RENEWAL OF A POSSIBLE 2 Y'EAR EXTENSION Contract Type CONTRACT Amount * S300,000.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PubllcWorks gweldgov.com Department Head Email CM-PublicWorks- DeptHead gveldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE` iCO. WELD.CO.US Requested BOCC Agenda Date* 04.12(2021 Due Date 04/08/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO tf 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 11,/01;2021 Termination Notice Period Contact Information Committed Delivery Date Expiration Date* 01'01;2022 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head .CURTIS HALL DH Approved Date 04 07:2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/1212021 Originator MLIVENGOOD Finance Approver BARB CONNOLLY Purchasing Approved Date Finance Approved Date 04 07;'2021 Tyler Ref # AG 041221 Legal Counsel BOB CHOATE Legal Counsel Approved Date 04,07,'2021 /D-ir'30),F BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: (Recycled Asphalt Product — Henderson Recycle/120 85, LLC, Extension/Renewal) DEPARTMENT: Public Works DATE: June 2, 2020 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: When Public Works went out to bid for the Recycled Asphalt Product for the 2019 HRP road projects (#B1900028) we did not receive any bids. This was due largely to the products for this type of construction not being readily available in the industry. Public Works had researched and found a company (Henderson Recycle/120 85, LLC located at 10925 E. 120th Ave. Henderson, Colorado) that was able to supply these products to complete the year's HRP road projects. The budgeted amount for the HRP project roads for 2020 is $3,000,000. With the prices quoted we will be able to stay under budget. During the bid process last year, we discovered this Sole Source vender for these two needed products for the HRP projects. The contract was set up to be extended or renewed, this is the first renewal of two one-year renewals. The Board has the option of renewing the agreements from January 1, 2020 to December 31, 2020 as permitted by the contract. Public Works has been satisfied with Henderson Recycle products and would like to continue to use both of their products, crushed concrete and recycled asphalt in the HRP program this contract year. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to extend/renew the contract for Henderson Recycle as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the Henderson Recycle contract for one year as provided by the contract as a sole source for the needed products for this year's HRP road projects. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer, Chair Steve Moreno, Pro-Tem Kevin Ross pc: Jay McDonald, Director, Public Works Curtis Hall, Deputy Director, Public Works Schedule Work Session Other/Comments: 64-yuA,2 lato) (� - ,b -c.2O oZo /�j� ao6� o.0 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS, GRAVEL ROAD MGMT. DIVISION AND Henderson Recycle/ 120 85, LLC This Agreement Extension/Renewal ("Renewal'), made and entered into 28th day of May. 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of public Works. Gravel Road Mamt. Division, hereinafter referred to as the "Department", and Henderson Recycle/ 120 85, LLC., 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. 2019-2003 approved on May 29.2019. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2022. • The parties agree to extend the Original Agreement for an additional 365 -day period, which will begin May 1, 2020, and will end on December 31, 2020. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Contract Time Extension: This is the first extension of a possible two-year extension. Z. Change to the Original Bid Schedule: the 2019 price list for the original contract will be replaced by the attached 2020 price list. • 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. CONTRACTOR: JC Kelly, Henderson Recycle/ 120 85, LLC Printed Name BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair JUN 1 0 2020 ATTEST. .41fr `d•V Deputy Cier o the Board 9- A017,5 120 85, LLC 10925 E. 120TH AVE. HENDERSON, CO. 80640 303-589-7212 J C HENDERSON RECYCLE 5775 AIRPORT RD. SEDALIA, CO. 80135 303-589-7212 JC Weld County MATERIAL PRICING with ACCOUNT Materials HENDERSON/SEDALIA Asphalt $7.00 / $7.50 6" Minus $6.50 / N -A 3" Minus $6.50 / N -A Clean 1" $6.50 / N -A Class 6 Road Base $6.50 / $7.00 Class 5 1.5" minus $6.50 / N -A Class 1 Structural fill $6.50 / N -A Asphalt Reject $1.00 / N -A Top Soil $12.00/ N -A Recycled Structural Fill $4.00 / N -A Fill Dirt No Charge/ N -A *All material prices are subject to change due to quantity purchased. *Inhert material is defined as non -water-soluble and non -decomposable material that does not undergo chemical, physical, and /or radiological transformation. For materials to be considered inhert, they cannot contain hazardous wastes or leach hazardous constituents above appropriate surface or groundwater protection levels. Contract Form New Contract Request Entity Information Entity Name* 120 85 LLC Entity ID* X00040877 Contract Name* HENDERSON RECYCLE/ 120 85, LLC RECYCLED ASPHALT PRODUCT Contract Status CTB REVIEW Contract Description* RECYCLED ASPHALT PRODUCT Contract ID 3698 Contract Lead* MLIVENGOOD ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # MLivengood@co.weld_co_us Contract Desorption 2 SOLE SOURCE FOR RECYCLED ASPHALT, CRUSHED CONCRETE AND OTHER MATERIAL NEEDED FOR HRP PROJECTS. CAN BE RENEWED FOR ONE MORE YEAR Contract Type* CONTRACT Amount* $490,000.00 Renewable* YES Automatic Renewal Gant Department PUBLIC WORKS Department Email CM- Pu blicWorks@weldgov.clam Department Head Email CM-PublicWorks- DeptHeadic'�i weldgov.com County Attorney BOS CHOATE County Attorney Email BCHOATEL7a CO.WELD.CO.US If this is a renewal enter previous Contract ID 2735 If this is part of a MSA enter PISA Contract ID Requested BOCC Agenda Date* 06/15/2020 Due Date 06/11/2020 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase act Dates Effective Date Termination Notice Period Review Date* 11/23/2020 Committed Delivery Date Renewal Date* 01/01/2020 Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 06/05/2020 Final Approval BOCC Approved MCC Signed [late ROCC Agenda Daze 06/10/2020 Originator MLIVENGOOD Finance Approver CONSENT Contact Phone 1 Contact Phone 2 Purchasing Approved Date 06/05/2020 Hnance Approved Date 06/05/2020 Tyler Ref It AG 061020 Legal Counsel CONSENT Legal Counsel Approved Date 06/05/2020 Submit RESOLUTION RE: APPROVE SOLE SOURCE PURCHASE AGREEMENT FOR MATERIALS OR EQUIPMENT AND AUTHORIZE CHAIR TO SIGN - HENDERSON RECYCLE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Sole Source Purchase Agreement for Material or Equipment between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Henderson Recycle, commencing upon full execution of signatures, and ending April, 2020, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Sole Source Purchase Agreement for Materials or Equipment between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Henderson Recycle, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W _ LD COUNTY, CO ORADO ATTEST: dieteA)j/j%,,k Weld County Clerk to the Board tftltd Deputy Cler c�to the Board APP:! DAST ounty Attorney Date of signature: (D/11/1Q arbara Kirkmey= r, Chair 0 , �-=14-g- Mike Freeman, Pro-Tem Conway James teve Moreno ec.: PcA.)cmLi Emick-k), PuCcmk), ac -cc r3ctcO) 01131 lci 2019-2003 EG0076 Coh.�kwo BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: (Recycled Asphalt Product Bid #B1900028) DEPARTMENT: Public Works DATE: April 8, 2019 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: When Public Works went out to bid for the Recycled Asphalt Product for the 2019 HRP road projects (#B1900028) we did not receive any bids. This is due largely to the products for this type of construction not being readily available in the industry. Since that time Public Works has researched and found a company (Henderson Recycle located at 10925 E. 120th Ave. Henderson, Colorado) that would be able to supply these products at the quantities required to complete this year's HRP road projects. They were not aware of the bid that went out for the product and usually only provides quotes for customers. We would like to consider this a sole source vendor and purchase the needed products. The budgeted amount for the three HRP project roads for material is $573,750.00 Attached is the price list from Henderson Recycle. With the prices quoted we will be able to stay under budget. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1) The Board may agree to consider this a sole source as recommended. 2) The Board may decide not to consider this a sole source. Recommendation: Public Works recommends using Henderson Recycle as a sole source for the needed products for this year's HRP road projects. Approve Recommendation Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeycr, Chair Steve Moreno pc: Jay McDonald, Director, Public Works Curtis Hall, Deputy Director, Public Works Schedule Work Session Other/Comments: 2019-2003 600-74 120 85, LLC 10925 E. 120T" AVE. HENDERSON, CO. 80640 303-589-7212 JC HENDERSON RECYCLE 5775 AIRPORT RD. SEDALIA, CO. 80135 303-589-7212 JC Weld County MATERIAL PRICING with ACCOUNT Materials MENDERS©N/SEDALIA Asphalt $6.50 / $7.00 6" Minus $6.00/N -A 3" Minus $6.00/N -A Clean 1" $6.00 / N -A Class 6 Road Base $6.00 / $6.50 Class 5 1.5" minus $6.00 / N -A Class 1 Structural fill $6.00 / N -A Asphalt Reject $1.00 / N -A Top Soil $12.00/ N -A Recycled Structural Fill $4.00 / N -A Fill Dirt No Charge / N -A material prices are subject to change due to quantity purchased. *Inhert material is defined as non -water-soluble and non -decomposable material that does not undergo chemical, physical, and /or radiological transformation. For materials to be considered inhert, they cannot contain hazardous wastes or leach hazardous constituents above appropriate surface or groundwater protection levels. 120 85, LLC 10925 E. 120TH AVE. HENDERSON, CO. 80640 303-589-7212 JC HENDERSON RECYCLE 5775 AIRPORT RD. SEDALIA, CO. 80135 303-589-7212 JC DUMP PRICING Truck Size Price Per Truck Single Axle Dirt not accepted at Sedalia location Clean Material- $42.00 (concrete, asphalt, topsoil) Mixed Loads- $60.00 Dirt Loads- $70.00 Tandem Dirt not accepted at Sedalia location Clean Material- $65.00 (concrete, asphalt, topsoil) Mixed Loads- $80.00 Dirt Loads- $90.00 Side Dump/End Dump Dirt not accepted at Sedalia location Clean Material- $85.00 (concrete, asphalt, topsoil) Mixed Loads- $100.00 Dirt Loads- $130.00 * Concrete with rebar is considered a mixed load, at Sedalia location. *Topsoil is considered clean. Not accepted at Sedalia location. * No topsoil mixed with concrete or asphalt will be accepted. 120 85, LLC 10925 E. 120TH AVE. HENDERSON, CO. 80640 303-589-7212 JC HENDERSON RECYCLE 5775 AIRPORT RD. SEDALIA, CO. 80135 303-589-7212 JC WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & HENDERSON RECYCLE THIS AGREEMENT is made and entered into this 15nd day of May, 2019, 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 Henderson Recycle, [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is 1925 E. 120t° Ave., Henderson, CO 80640 , hereinafter referred to as "Contractor". WAF.REAS, Henderson Recycle will provide for pickup Recycled Concrete, Recycled Asphalt and other road building material products to Weld County for use on county gravel roads for re -surfacing and stabilization. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits "1" and "2", each of which forms an integral part of this Agreement. Exhibits "1"and "2" are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits "1" and "2", define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit "1" contains some of County's Request for Bid (RFB) as set forth in "Bid Package No. B1900028". This bid was then determined to go sole source for the products in Exhibit "2" Exhibit "1" contains all of the specific requirements of County. Exhibit "2" consists of Contractor's Response to County's Request for sole source. 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 "1" which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits "1" and "2". 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 Exhibits "1" and "2" within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits "1" and "2" 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 modification 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 material. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the material 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 produced material of the type proposed to be furnished in at least three (3) instances and the performance of such material has been satisfactory. Manufacturers having been engaged in the business of manufacturing said material 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 material 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 material of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any material to be purchased shall be the manufacturer's latest material of production. Said material 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 lands 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 $487,500.00. Contractor aclozowledges 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 "2". Contactor aclmowledges 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. IZ 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 payments) 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 "1" 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 Wel d County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the fast one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating thatthe Canty will be notified of any red cticm, loss, or mocitfication to coverage. Suchnotice shall be sent to the Weld County Director of General Services by certified mail, retum 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; $2,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors! All subcontractors, subcontractors, independent contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Supervisor of the Gravel Road Management 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 aclaiowledgment 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: Henderson Recycle Attn.: JC Kelley Address: 10925 E. 120'" Ave., Henderson, CO 80640 E-mail: jckelley3l@gmail.com Office: 303-589-7212 Cell: Cou_t&L. Name: Mike Livengood Position: Supervisor, Gravel Road Mgmt. Division of Public Works Address: 1111 H street, Greeley, CO 80632 E-mail: mlivengood@weldgov.com Phone: 970-400-3575 Cell: 970-381-1035 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 lmowledge, 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. Severabi>iity. 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. 32. Attorneys Fees/Leaal 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 no 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 aclonowledge 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 "1" and "2", 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 15th day of May, 2019. Date 045/1 Name:ALAI w( _ Title:. t/1.e.A.1,� WELD COUNTY: ATTEST: ..tde)' edi BOARD OF COUNTY COMMISSI • NERS WELD Weld • un _ le_o the B • a • COU , COLORADO BY: Deputy Barbara Kirkmeye air MAY 2019 020/ 9-02063 EXHIBIT "1" GENERAL CONDITIONS AND SCOPE: 1. All recycled asphalt shall meet specifications described on pages 14 & 15 of this document. Weld County will not supply any material for this project. 2. The products will be picked up at the vendors production facility. 3. The contractor will follow all rules and regulation stipulated in the permit for the site. 4. Project time will be from May 2019 through April 2020. 5. The vendor shall provide a Supply Bond to the County as arranged by the parties. 6. The vendor shall provide a certificate of insurance to the County as arranged by the parties. 7. Certified scales are required. S. Payment shall be made according to the prices per ton times the tons of material supplied as determined by scale tickets from the pile site. All tidcets must be legibly signed by a Weld County employee. 9. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) ➢ Air Pollution Permit (for crusher unit) 10. Weld County Public Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown In Exhibit "2". 11. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2017, 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. 12. 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 Specification for Road and Bridge Construction. 13. 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. 14. Availability of material, 18,000 tons needs to be available by the middle of May. 15,000 tons at the first of August the remaining tons available at the end of September and be accessible until the end of the contract period. Weld Country Contacts: Question related to the project and procedures should be directed to: Joshua J. Holbrook: Construction Inspection Supervisor Weld County Public Works (970)400-3734 Jhclbrookawe)daov.Gorn Mike Livengood — Gravel Road Mgmt. Supervisor Weld County Public Works (970) 400-3757 mlivengoodOweldgov.com Curtis Hall — Deputy Director Weld County Public Works (970) 400-3721 chall[�weldoov.com 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 calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Asphalt Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the re -cycled asphalt product supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to fumish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the_ day of , 20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title Attach valid Corporate Power of Attomey Form (Witness) SE ANTI -COLLUSION AFFIDAVIT PROJECTNn LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that 1 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; I. 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 biddeCor 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 softened 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 solidlation 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 tine 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. s. 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, offices, employees, and agents of my ffrm 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, or the true facts relating to submission of bids for this contract. 1 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. Contractors firm or company name Ely nee 2nd condors rem or company name. Er tam vemute.) BY M,rlal�,r oe:5A sfig note REVISION OF SECTIONS 105 and 106 CONTROL OF WORK AND CONTROL OF MATERIAL Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3 shall be revised to include the following: 2,000 tons of material delivered will be considered a lot. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised as follows: 1) Process Control: Sampling and testing will be done in accordance with table 1-A 2) Weld County reserves the right to select random samples from the stock pile at any time. OA acceptance will be sampled from windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30 / 4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for prices reduction based on section 105.03. FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLING AND TESTING Type of Test OA Sampling and testing PC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO T27 and T11 CP31-13 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 Revision of Section 106 Storage of Materials Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised as follows: Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. EXHIBIT "2" 120 85, LLC 10925 E. 120TH AVE. HENDERSON, CO. 80640 303-589-7212 JC HENDERSON RECYCLE 5775 AIRPORT RD. SEDALIA, CO. 80135 303-589-7212 JC m Weld County MATERIAL PRICING with ACCOUNT Materials Asphalt_ _ 6 Minus 3" Minus Clean 1" Class 6 Road Base Class 5 1.5" minus Class 1 Structural fill Asphalt Reject Top Soil Recycled Structural Fill Fill Dirt HENDERSON/SEDALIA $6.50 / $7.00 $6.00 / N -A $6.00 / N -A $6.00 / N -A $6.00 / $6.50 $6.00 / N -A $6.00 / N -A $1.00 / N -A $12.00 / N -A $4.00 / N -A No _ Charge / N -A *All material prices are subject to change due to quantity purchased. *Inhert material is defined as non -water-soluble and non -decomposable material that does not undergo chemical, physical, and /or radiological transformation. For materials to be considered inhert, they cannot contain hazardous wastes or leach hazardous constituents above appropriate surface or groundwater protection Ievels. 120 85, LLC 10925 E. 120TH AVE. HENDERSON, CO. 80640 303-589-7212 JC Truck Size HENDERSON RECYCLE 5775 AIRPORT RD. SEDALIA, CO. 80135 303-589-7212 JC DUMP PRICING Single Axle Dirt not accepted at Sedalia location Tandem Dirt not accepted at Sedalia location Side Dump/End Dump Dirt not accepted at Sedalia location Price Per Truck is] _ , Clean Material- $42.00 (concrete, asphalt, topsoil) Mixed Loads- $60.00 Dirt Loads- $70.00 Clean Material- $65.00 (concrete, asphalt, topsoil) a Mixed Loads- $80.00 Dirt Loads- $90.00 Clean Material- $85.00 (concrete, asphalt, topsoil) Mixed Loads- $100.00 Dirt Loads- $130.00 * Concrete with rebar is considered a mixed load, at Sedalia location. 'Topsoil is considered clean. Not accepted at Sedalia location • No topsoil mixed with concrete or asphalt will be accepted. Form W-9 (Rev. October cUi 8) Depaerient of the Treasury Inte,mal Revert. e Servre Request for Taxpayer Identification Number and Certification ► Go to wwwars.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line: not leave this line blank, 120 85 LLD 2 sr tdedentey name, II diflitreell hom above Henderson Recycle 3 Check appropriate box for federal lax classilication of the person whose name is entered an line 1. Check only one of the following seven boxes. ❑ Individual/sale proprietor or ❑ C Corporation single -member LLG J❑ Limited liability company Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S ❑ S Corporation ❑ Partnership ❑ Trust/estate Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do nol check LLC if the LLG is classified as a single -member LLG that is disregarded tram the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S federal tax p,.rposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (See instructions) ► 4 Exemptions (codes apply only to certain entities. not individuals; see Instructions on page 3); Exempt payee code (il any) Exemption from FATCA reporting code (if any) rapptl¢s b 3C -00/O5 ,nainf2w90 nutl,UO ino 'J S J S Adareee (number, street, and apt. or suite no.) See instructions 10925 East 120th Ave 6 C y state. and 71P code Henderson, CO 80640 z List account nur5Wer(sifrere Em's name and address (optional) Rai Taxpayer Identification Number (TIN) Fntar your TIN in the appropriate box. The TiN provided must match the name given on line I to avoid backup withholding. For individuals, this is generally your social security number (SS N). However, for a resident alien, sale proprietor, or disregarded entity, see the instructions for Pail I, later, For other entities, it is your employer identification number (UN). If you do not have a number, see Now fo get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see Whaf Name and Number To Give the Requester for guidelines on whose number to enter, or _ Emptoyer identification number 3 2 0 3 8 1 5 4 4i lIEMe Certification vM Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2- I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of afailure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. ! am a U.S. c.tizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCAreporting ts correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property: cancellation of debt, contributions to an individual retirement arrangement 0RA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature at u.s. person D. General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www vs-gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may he your social security number (SSN), individual taxpayer identification number ((TIN), adoption taxpayer Idenfification number (ATIN), or employer identification number (FIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) pate. fill cRo I �1 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S person (including a resident alien), to provide your correct TIN, If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Faro, W-9 eev 10-2018) Hello