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HomeMy WebLinkAbout20201963.tiff/D <5-216f BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2021 Crushed Type II Cover Coat Aggregate Supply Renewal DEPARTMENT: Public Works DATE: 7.12.2021 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor. Brief description of the problem/issue: The Martin Marietta Materials contract for the supply of Type II cover coat aggregate may be extended as permitted by the contract. This extension would be in the second (2nd) year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the ENR (Engineering News and Record) cost per ton of crushed stone, which is a 1.77% increase for 2021. Martin Marietta Materials did request an increase for the supply of l/2" chips. The increase was from $43.00 a ton in 2020 to $43.50 a ton in 2021 (l.lb% increase). The total contract amount would be $387,150.00, which is under the budget amount for 2021. Martin Marietta Materials was awarded this contract in 2020 as the low bid vendor 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 the approval of the Contract extension/renewal with Martin Marietta Materials for the 2021 Crushed Type II Cover Coat Aggregate Supply. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine cc: Jay McDonald, Director Curtis Hall, Deputy Director Mona Weidenkeller, office Tech IV —Accts Payable/Receivable Attachments: 2021 Bid Schedule 2020 vs. 2021 Cost comparison e&: O,64.(tate)) ta / O14jo.. /94,3 E�ot) 78 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS This Agreement Extension/Renewal ("Renewal"), made and entered into 13 day of July, 2020 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 Martin Marietta Materials, 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. 2020-1963, approved on 7/20/2020. 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 7/19/2021. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 7/20/2021, and will end on 7/19/2022. • 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. The 2020 Bid Schedule of the original contract shall be replaced with attached 2021 Bid Schedule, which is incorporated herein. 2. The original contract price shall be modified to no more than $387,150 for the contract period between July 20, 2020 and July 17, 2020. • 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair ATTEST: Weld BY: AUG 0 2 2021 Deputy Clerk the oard 0?.002o-/96.3 2021 BID SCHEDULE (Crushed Type I and Type 11 Cover Coat Aparegate Renewal Martin Marietta Materials ITEM# ITEM QUANTITY UNIT PRICE CONTRCT GRAVEL PIT PER LOCATION AND PRICE UNIT NAME 703.05 3/8" Chips (Type I) 0 Ton i ill l $ flpv y 51/#071-114760 1/.5� 027 0V /�'l 0—b ifia614139 703.05 Chips (Type II) 8,900 Ton 3 �pf� $ '7 %.iv ,"" i i �.7 �WCR a (eRtharytwIlds3y Prices will include all labor and equipment cost necessary to crush, stockpile and load material for use. Bidder must, include the name and location of gravel pit and where material will be picked up by Weld County personal. FIRM 111/4"4 BUSINESS ADDRESS l8e CITY, STATE, ZIP COD TELEPHONE N SIGNATURE BY 6/1/fril t-44 Cti f1711-7-114///461' � (Please print) 0 //1"21 ��i r '1!J/ %� DATE FAX TAX ID # SO/1M 518 E-MAIL ?0 r• y.,e rcy /0101774./ WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER S #98-03551-0000. 2020 vs. 2021 Cost / 1/2" Chip Seal Aggregate Supply 2015 Cost 2016 Cost Item Item Description Unit Unit Cost Unit Unit Cost % Increase 703.05 1/2" Chips (Type II) Ton $ 43.00 Ton $ 43.50 1.16% 2021 Denver Crushed Stone ENR (+) 1.77% WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE 2020 Crushed Type I and Type II Cover Coat Aggregate Supply (with options for renewal in 2021/2022 June 2020 for Weld County Public Works Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 The following provisions take Department of Transportation which is to be used to control precedence over Specifications or Plans and supplement the 2019 edition of the Colorado 'Standard Specifications for Road and Bridge Construction" (Standard Specifications) ;onstruction of this project. BIDDING REQUIREMENTS Notice to Bidders 3 Invitation for Bids 3-4 Instructions to Bid 4-8 Insurance Requireme is 8-10 Specifications and/or cope of work and proposed pricing 11 Bid Schedule 12 &13 Bid Submittal Checkli t 14 IRS Form W-9... 15 Anti -Collusion Affidavit 16 SPECIAL PROVISIONS Project Special Provisions Index Project Special Provisions 17 18-21 BID REQUEST #B2000138 Page 2 ROD O FN REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: June 12, 2020 BID NUMBER: #B2000138 DESCRIPTION: CRUSHED TYPE I AND TYPE II COVER COAT AGGREGATE SUPPLY DEPARTMENT: PUBLIC WORKS BID OPENING DATE: July 2, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: CRUSHED TYPE I AND TYPE II COVER COAT AGGREGATE Bids will be received for the above stated equipment up to, but not later than: (Weld County Purchasing Time Clock) 10:00 AM on July 2, 2020 *:: P LEAS1` NOTE: Due svo) the recent events surrouinthng the *ion v'ir u (COV D=19) andem c, sore oyecs are teilevfor kng; t &ear% the d tpennut TM O be gil d. vii? Skype confer enc c J ffly 020 10:00 - 11 J � SKYPE CONFERENCE Cr � To join call: PHONE NUMBER: 1 (720) 439-5261 CONFERENCE ID: 29617618 ease note that d the CoronaArus (C0VO=19) pandent9 some of us are tSevvoting. II scrod, the foHovvkng changes have been made to our currn r01 process u nth fi tur e notice: 1. No hard copies of bids will be accepted. rW, PAGES 2-10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 2-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multip e non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. BID REQUEST #B2000138 Page 3 Bid Delivery to Weld County: 1. Email. Due to the COr®navirus (COVID-19), etailed hods are required. Bids may be emailed to bids a@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://vvww.bidnetdirect.com/. The maximum file size to upl •lad to BidNet is 500 MB. PDF f rmat is required. mailed bids must include the following statement on the email: "I hereby waive ray right t0 a sealed bid". An email confirmation will be sent when wo receive your bid/proposal. Please call Purchasing at 970-400- 4222 or 4223 with any questions. 2. INSTRUCT' IBS 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 rust be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the sign Lure nd title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the store 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 correct' ns 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 tie bidder to ` nsx that tho bid arrives in the Weld County Purchasing Department on or prior to the time indicwted in c ection , entitled, "Nlotice to Bidders." Bids received prior to the time of ope fling 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 oz 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 tc 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, W=Id 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 aive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the :•pinion 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 (i hcluding, but not limited to the product specifications and scope of services), the f•rmal acceptance of the bid by Weld County, and signature of the Chair of the Board of C our≤y BID NO # B2000138 Page 4 Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Co*nissioners. 3. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, arrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work nder 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 -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful' bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and Countywithin 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 ehall 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.F.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 ford 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 (18j 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 pr prietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is o herwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms o 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. 4. GENERAL PROVISI`DNS 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 an other Confidential Information: Weld County discourages bidders from submitting confidential info mation, 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 BID NO # B2000138 Page 5 confidentiality of all documbnts. 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 recei es a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials t determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those ortions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents o employees. Unemployment insurance benefits will be available to the successful bidder and its employees a d agents only if such coverage is made available by the successful bidder or a third party. The successful I idder 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 L w: 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 a ployment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, executipn, 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 arid conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to he undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoev r 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 cont act, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fee and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged B siness Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. BID NO # B2000138 Page 6 J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion; and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom 'County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The su cessful bidder warrants that services performed under this Agreement will be performed in a manner co sistent 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 pro essional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work perform d on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contra or must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or I tent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications her in. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free nd 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. BID NO # B2000138 Page 7 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 termnate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in mmediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID NO # B2000138 Page 8 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 5. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwrIten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of, the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The suc ssful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or�broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modifi ation to these requirements must be made in writing by Weld County. The successful bidder stipul tes that it has met the insurance requirements identified herein. The successful bidder shall be responsible or the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shal, without additional compensation, promptly remedy and correct any errors, omissions, or other deficien ies. INDEMNITY: The success I bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and ag inst 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 orkers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, or inances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for a y and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisi ns of the materials required herein, or from any claims or amounts arising or recovered under the Worke 's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or t rmination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award f this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agent , and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID NO # B2000138 Page 9 Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provid d, a commercial general liability insurance policy, including public liability and property damage, in form nd company acceptable to and approved by said Administrator, covering all operations hereunder set fo h in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and, maintain the same coverages required of Successful bidder. Successful bidder shall include all such suboontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreemen are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which orms an integral part of this Agreement. Those documents are specifically incorporated herein by this r ference. BID NO # B2000138 Page 10 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Purpose The project in general consists of crushing, stockpiling, delivery to a location within 20 miles of 1111 H Street Greeley, Colorado and loading 10,000 tons of Crushed Type I and 2,000 tons of Crushed Type II cover coat aggregate material into Weld County trucks. General Conditions and Information: 1. Weld County will not supply any material for this project. 2. SCHEDULE: Total qu ntity of Type I aggregates shall be available to be picked up by Weld County personnel no later tha November 1, 2020. Location shall be within 20 miles of 1111 H Street Greeley, Colorado 80632. 3. Certified scales on belt'' or buckets are required. 4. Payment shall be made according to the bid price as determined by scale tickets or run sheets from the pit. All tickets for run sheets must be signed by a Weld County employee. 5. Weld County Pubic Works personnel normally work 7:00am to 3:30pm, Monday through Friday. Occasionally, due to cinumstance beyond our control, work may extend to earlier than 7:00am and later than 3:30pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations. 6. Weld County will select the bidder based on the lowest cost to the County, considering project location and hauling cost. Materals may be awarded to different bidders based on pit locations relative to the project locations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2019, 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 Warks Department. Below is a list of project specials for this contract and the Project Special Provisions can be hound on pages 17-21. Section 105.22 Section 106.03 Section 106.08 Section 703.05 Dispute Resolution Samples, Test, Cited Specification Storage of Materials Aggregates for Cover Coat Material Weld County Contract: Questions related to the pr ject and procedures should be directed to: Joshua Holbrook, Pavem nt Management Supervisor Weld County Public Works 970.400.3744 iholbrook(a�weldgov.com Terms and Conditions: The Agreement shall commence approximately June 2020 and continue in full force for one year. At the option of the County, the Agreement may be annually extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one- year periods. The base price per ton may increase from one year to the next by no more than the percent change amount reflected b the Engineering News Record (ENR) Material Cost index for crushed stone Denver. BID NO # B2000138 Page 11 2020 BID SCHEDULE Crushed Type I and Type II Cover Coat Aggregate ITEM# ITEM QUANTITY UNIT PRICE CONTRCT GRAVEL PIT LOCATION PER UNIT PRICE AND NAME 703.05 3/8" Chips (Type I) 0,000 Ton 703.05 1/ ,, 2 Chips (Type II) 2,000 Ton Prices will include all labor and equipment cost necessary to crush, stockpile and load material for use. Bidder must include the n�me and location of gravel pit and where material will be picked up by Weld County personnel. WILL YOUR COMPANY E ABLE TO MEET THE ESTIMATED DATES FOR PICK-UP OF THE TYPE I AGGREGATE AS SPECI IED ON PAGE 11 NOTE #2 OF THE SPECIFICATIONS AND SCOPE OF WORK? YES NO IF YOU ARE NOT ABLE TO MEET THE SCHEDULE SPECIFIED ON PAGE 11, PLEASE SPECIFY ALTERNATIVE DATES MATERIAL WILL BE READY FOR PICK UP: ,The remainder of this left blank intentional) page Y BID NO # B2000138 Page 12 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2O0138. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and loced 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 t0 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 FAX TAX ID ## DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS ##98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 2-100 BID NO # B2000138 Page 13 Bid Opening Check! st: All of the following pages must be submitted with every bid submittal. Failure to Submit an, of these documents will dis • uali our bid. ❑ Receipt of add ❑ W-9 (page 15) ❑ Anti -Collusion ❑ Bid Schedule ( nda s), if any, should be signed. ffid vit. (page 16) aged 12 & 13) The remainder of this page left blank intentionally BID NO # B2000138 Page 14 Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. ai ei rn at C- 0 m I v O 2 c h a v ?G tr at C. m (. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box ❑ Individual/sole proprietor ❑ Limited liability company ❑ Other (see instructions) for federal tax classification: ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate Exemptions (see instructions): Exempt payee code (if any) Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exemption from FATCA reporting code (if any) 1+ Address (number, street, and apt, or suite no.) I Requester's name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part I Taxpayer Iderrtificabon Number (TIN) Enter your TIN in the appr to avoid backup withholdi resident alien, sole proprietor, entities, it is your employer TIN on page 3. Note. If the account is in more number to enter. priate box. The TIN provided must match the name given on the "Name" line ( Social security number g. For individuals, this is your social security number (SSN). However, for a or disregarded entity, see the Part I instructions on page 3. For other identifcation number (EIN). If you do not have a number, see How to get a - - than one name, see the chart on page 4 for guidelines on whose Employer identification number Part II Certification Under penalties of perjury, I certi that: 1. The number shown on is for is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am Subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to badkup withholding, and 3. I am a U.S. citizen or other U.S� person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certtfication 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 tai report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition o abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other #han interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S, person ► Dabs ► General Instructions Section references are to the Internal kevenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gnv/w9. Information about any future developments affecting Form W-9 (such as le3islation enacted after we release it) will be pasted on that page. Purpose of Form A person who is required to fil an information return with the IRS must obtain your correct taxpayer identification umber WIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, canzellation of debt, or contributions you made to an IRA Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person questing it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving r correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that a a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, ifyou are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on you share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) BID NO # B2000138 Page 15 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO. LOCATION I hereby attest that I am bid or, if not, that I have written his or her behalf and on tehalf I further attest that: 1. The price(s) and agreement for the or potential prime 2A. Neither the price(s) potential prime bidder 2B. Neither the prices this project have 3A. No attempt has refrain from biddi competitive bid or 3B. No agreement ha on this project to Submit 4. The bid of my firs�''►► discussion with, of petitive or other falrm 5. My firm has not offered services from any whether in connection person to refrain from or agreeing or pro 6. My firm has not a services to any fir whether in connection noncompetitive or 7. I have made a diligent relating to the pre{iaration, them that he or she other conduct inconsistent 8. I understand and concealmerrt from contract. 1 DECLARE UNDER PENALTY FEDERAL LAWS, THAT lfil-IE OF MY KNOWLEDGE. the person responsible within my firm for the final decision as to the price(s) and amount of this authorization, enclosed herewith, from that person to make the statements set out below on of my firm. mount of this bid have been arrived at independently, without consultation, communication or purpose or with the effect of restricting competition with any other firm or person who is a bidder bidder. nor the amount of this bid have been disclosed to any other firm or person who is a bidder or on this project, and will not be so disclosed prior to bid opening. nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on en disclosed to me or my firm. en made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- other form of complementary bid. been promised or solicited for any other firm or person who is a bidder or potential prime bidder an intentionally high, noncompetitive or other form of complementary bid on this project. is made in good faith and not pursuant to any consultation, communication, agreement or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- of complementary bid. or entered into a subcontract or agreement regarding the purchase or sale of materials or firm or person, or offered, promised or paid cash or anything of value to any firm or person, with this or any other project, in consideration for an agreement or promise by any firm or bidding or to submit any intentionally high, noncompetitive or other form of complementary bid (sing to do so on this project. epted or been promised any subcontract or agreement regarding the sale of materials or or person, and has not been promised or paid cash or anything of value by any firm or person, with this or any other project, in consideration for my firm's submitting any intentionally high, other form of complementary bid, or agreeing or promising to do so, on this project. inquiry of all members, officers, employees, and agents of my firm with responsibilities approval or submission of my firm's bid on this project and have been advised by each of has not participated in any communication, consultation, discussion, agreement, collusion, or with any of the statements and representations made in this affidavit. my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent the Colorado Department of Transportation, of the true facts relating to submission of bids for this OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST Contractor's firm or company name By Date Title 2nd gonnactol's turn or company name. (It pint yerrklre ) By Date Tille Sworn to before me this day of, 20 Notary Public My commission expires NOTE: This document must be signed in ink. CDOT Form #606 1/02 BID NO # B2000138 Page 16 WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The Colorado Department of Transportation 2019 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Index Page Revision of Section 105.22 — Dispute Resolution Revision of Section 106.03 — Sample, Test, and Spec Revision of Section 106.08 — Storage of Materials Revision of Section 703.05— Aggregates for Cover Coat Material (May 2020) (May 2020) (May 2020) (May 2020) The remainder of this page left blank intentionally Page 17 18 19 20 21 BID NO # B2000138 Page 17 Section 105 — Definition and Subsection 105.22 shall be re The Colorado Departs the Contractor. Contract claims will follow the s by Weld County or its duly aut Project Engineer shall District Engineer shall Chief Engineer shall n For this project thie WE Project Manac REVISION OF SECTION 105 DISPUTE RESOLUTION arms is hereby revised for this project as follows: ised as follows: lent of Transportation will not participate in the resolution process for any claims filed by appropriate procedures for Subsection 105.22 except that all claims reviews will be handled �orized representative. The following terms of this subsection shall be defined as follows: be Weld County Public Works. mean the Weld County Public Works Department of its duly authorized representative. can the Weld County Public Works Department of its duly authorized representative. Id County Duly Authorized Representatives are: er: Joshua Holbrook, Pavement Management Supervisor Project Engineer: Don Dunker, County Engineer Project Inspe or: TBD The remainder of this page left blank intentionally BID NO # B2000138 Page 18 REVISION OF SECTION 106 SAMPLES, TESTS, CITED SPECIFICATIONS Section 106 of the Stand .• rd Specifications is hereby revised for this project as follows: Subsection 106.03 shall a revised as follows: 1) Sampling antes ing will be done in accordance with table 1-A 2) Weld County rese es the right to select random samples from the stock pile for retesting. The retesting may be prior o or after incorporation of materials in the work. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will have a price reduction applied per section 105.03. 3) OA will be in accordance with Table 1-A. 4) Point of Veri cation for quality determination will be the stock pile of delivered material. PC F EQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLE AND TESTING. TABLE 1-A Type of Test Sampling and Testing Frequency Testing (ASTM or AASHTO) Gradation 1 per 1,000 tons AASHTO T27 and T11 / CP 31 LA Abrasion 1 per source AASHTO T96 Fractured Faces 1 per source CP 45 Flat and Elongated Aggregate 1 per Source ASTM D4791 The remainder of this page left blank intentionally BID NO # B2000138 Page 19 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 appFoved 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, or through December 30, 2020. The remainder of this page left blank intentionally BID NO # B2000138 Page 20 REVISION OF SECTION 703.05 Aggregate of Cover Coat Material Section 703 of the Standard Specifications is hereby revised for this project as follows: Subsection 703.05 shall be re ised as follows: The aggregate shall conform to the following requirements: 1) Aggregates for Cover Coat material shall be crushed stone. 2) All aggre 'gates shall be crushed and exhibit 100% fractured faces. 3) Percentage of wear, Los Angeles Abrasion Test (AASHTO T 96), maximum loss of 30%. 4) The maximum amount of flat and elongated aggregate with a ratio of 3:1 shall not exceed 12 percent at Determined by ASTM D4791 5) The results of an analysis of the aggregate, performed by an independent testing laboratory on a representative sample then in the presence of Weld County personnel, shall be furnished to Weld Court, at least fifteen working days prior to initial product pick up. Table 703-7 Gradation Specifications for Cover Coast Aggregate Sieve Size Percent by Weight Passing Square Mesh Sieve 3/8" (Type I) '/ T)rpe II) %" (Type IV) 3/4 };" �� �,�� � �, � ��� � � .� _.:�� ., . `, . . �,�_ ��.�, �'; 100 '/z" .d . " � s 100 95-100 3/8" 100 70-100 60-80 #4 0-15 0-4 0-10 #200 0-1.5 0-1.5 0-10.5 he remainder of this page left blank intentionally BID NO # B2000138 Page 21 2020 BID SCHEDULE Crushed Type I and Type II Cover Coat Aggreqate ITEM# ITEM QUANTITY UNIT PRICE CONTRCT GRAVEL PIT LOCATION PER UNIT PRICE AND NAME 318" Chips (Type I) 10,000 Tonc.�� oi /, 1l goiti 3 ✓ L 9 �y�703.05 '6 13 ; ot� `14 J �3 703.05 11 �x Chips (Type II) 2,000 Ton j,��j � OL no r (9:1114) L i`� Y WI (51334"111" Prices will include all labor and equipment cost necessary to crush, stockpile and load material for use. Bidder must include the name and location of gravel pit and where material will be picked up by Weld County personnel. WILL YOUR COMPANY BE ABLE TO MEET THE ESTIMATED DATES FOR PICK-UP OF THE TYPE I AGGREGATE AS SPECIFED ON PAGE 11 NOTE #2 OF THE SPECIFICATIONS AND SCOPE OF WORK? YES NO IF YOU ARE NOT ABLE TO MEET THE SCHEDULE SPECIFIED ON PAGE 11, PLEASE SPECIFY ALTERNATIVE DATES MATERIAL WILL BE READY FOR PICK UP: The remainder of this page left blank intentionally BID NO # B2000138 Page 12 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal fop Request No. B2000138. 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 formai 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 b warded to more than one vendor. ri FiRIUI A/ 1 Olin IV 1\-1A/ t vir BUSINESS +C. ADDRESS I CITY, STATE, ZIP CODE Co it i rLVrj l,� (k-)g2--li TELEPHONE NO PRINTED NAME AND. TILE SIGNATURE E-MAIL 0-1�- DATE 7 2 to 2-4 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE* `V41'ELD COUNTY IS EXEIV PT FROlV1 COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS ##98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 2-10. 9 FAX TAX ID # (IAA O1 J-05, Nit 4 4-ner e/vic /try tag , BID NO # 62000138 Page 13 COLORADO DEPARTMENT Of TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO. LOCATION 1 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 wfth 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. 28. Neither the prices nor the amount of the bid of any other firm or person who Is a bidder or potential prime bidder on this project have been disclosed to me or my firm, 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to retrain from bidding on this project, or to submft a bid higher than the bid of this firm, or any intentionally high or non- competftive bid or other form of complementary bid. 38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm'Is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or Inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other fo m of complementary bid. 5. My firm has not o Bred 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 retrain from bidding or to submit any intentionally high, noncompetitive or other Corm of complementary bid or agreeing or promising to do so on this project. 6. My firm has not a opted or been promised any subcontract or agreement regarding the sale of materials or services to any fir or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connect n with this or any other project, in consideration for my firm's submitting any Intentionally high, noncompetitive or her form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a dill nt 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 his or sh has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct Ingo I sistent wfth any of the statements and representations made in this affidavit. 9. 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 0 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. Conueotar'sfirmorcompany reme &A itivn 'f ` T 1 By kYlitN� Data f rote �LL -��` AA Vv`Lf1 at 2nd contraowre firm or company name. (IMAM venure4 By Date Title Sworn to before me this day of, 20 wag/ MAID My commission expires NOTE: This document must be signed In Ink. COOT roan sea 1102 BID NO # B2000138 Page 16 W.9 Form9 (rem. October soon o.pan«n et tie tr.axsr mama amine Seem Request for Taxpayer Identification Number and Certification Rive term to the requester. Do not send to the IRS. ti Nan„ (se shown on your income ax mein) Martin Marietta Materials Inc Business name N Mersin tram above Check appropriate box: ❑ IndivkluWBoie proprietor riJ Corporation ❑ Partnership ❑ Limited liability company. Enter the tax o4eskication (Oidisregarded entity. Ciemporation, Ptpertnership) ► 0 Qr r.frralr cable) ro Addrw (number, street. snd apt. a suit* no Pie Box 848241 City, state. and ze. code Danes.., 7X 75204 Us1 account mailbags) tare (optional) ❑Exempt ieaYve Requestses name ante address (optional T:rxP Yaw ktarditinaliel Number (TNN) Enter your TIN in the appropriate box. The TIN provided must match the name given on tine t to avoid backup withholding. For individual*. this is your social security number (3218. However, for a resident alien, sole proprietor. or trsgarbti entity. see the Part i instructions on peg* 3. For other entitles. it is your emlbyer identiacation rxtmbsr (EIN). K you do not have a number. sea Flow to pet a riN on page 3. Note. If the account *In more than one name, see the chart on page 4 for guidelines on whose number to eater. ® certaan Under penalties of perjury. I certify that: I. 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. lam 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 ern subject to backup withholding as a muff of a failure to report alt Interest or dividends, or (c) the IRS has notified me that t am no longer subject to backup withholding. and 3. I am a U.S. cozen or other U.S. person (defined below). Certification Palmation*. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA). and g iy. Psy s other interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. h ores In �. A _ social seem* number t. or Employer Identification number pia ; 1848578 Sign Here Signatum Ur1 perstee s General Instructions Section references are to the Internal Revenue Cotl6 unless otherwise noted. Purpose of Form A WW1 who is muted to file an informatlan return with the in must obtain your correct taxpayer identification number gm) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 3. Certify that you are not subj to backup withholding, or 3. Claim exemption from bads p withholding if you are a U.S. exempt payee. if applicable. you also ratifying that as a U.S. person, your allocable sharer Of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively corrected income. Note. li a requester gives you a form other than Form W-9 to request your TIN, you must use te requester's form if it is substantially similar to this Form yV-9. Definition of a U.S. person. For federal tax purposes. you are considered a U.S. person n you are: • An individual who is a U.S. citizen or U.S. resident alien, organized • partnership, them corporation. United States or under the law* of the United or association created or States, • An estate (other then a foreign estate), or • A domestic trust (as defined in Regulations section 301.77111-7). Special rubs for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further. In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the wing tax. Therefore. if you are a U.S. person that is a partner In a partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of estebilshing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S, owner of a disregarded entity and not the entity, Gat. No. n0231X Form W-9 (flew. 10.20071 Contract Form New Contract Request Entity Information Entity Name* A-1 CHIPSEAL CO Entity ID* 800022694 Contract Name* 2021 CRUSHED TYPE I AND TYPE II COVER COAT AGGREGATE SUPPLY Contract Status CTB REVIEW Contract Description* THE PROJECT IN GENERAL CONSIS3J5 OF CRUSHING, STOCKPILING, DELIVERY TO A LOCATION WITHIN 20 MILES OF 1 1 1 1 H STREET GREELEY, COLORADO AND LOADING 8,900 TONS OF CRUSHED TYPE II COVER COAT AGGREGATE MATERIAL INTO WELD COUNTY TRUCKS ❑ New Entity? Contract ID 5087 Contract Lead* JHOLBROOK Contract Lead Email Jholbrookco.weid.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 Contract Type* Depastment RENEWAL Amount* $387,150.00 Renewable* YES Automatic Renewal Grant IGA PUBjLIC WORKS Department Email CM1 Pub icWorksgweidgov.com Department Head Email CM-PublicWorks- DeptHeadgweldgov.com CoLJiirity Attorney BOBCHOATE County Attorney Email BC4OATEPCO.WELD.CO. US IF this is a renewal enter previous 20201963 ontract ID If this is part of a NSA enter PISA Contract ID Note: the Previous Contract Numbe OnBase Contract Dates Effective Date Requested BaCC Agenda Date* 08.02x2021 Due Date 07x'29;2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO and Master Services Agreement Number should be left blank if those contracts are not in Review Date 03`01 :'2022 Renewal Date* 05'02;'2022 Termination Notice Period Committed Delivery Date titan Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 07;27,2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08;02/2021 Originator JHOLBROOK Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 07;2712021 Finance Approved Date 07 27x'2021 Tyler Ref #t AG 080221 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 07,27:2021 MEMORANDUM TO: Curtis Hall, Deputy Director of Public Works DATE: July 13, 2020 FROM: Joshua Holbrook, Pavement Management Supervisor SUBJECT: 2020 Crushed Type I and Type II cover coat aggregate supply, Bid No. 82000138 On July 2, 2020 the bid for Type I (3/8") and Type II (1/2") Cover Coat Aggregate Supply was opened from one bidder. The one bid was submitted by Martin Marietta Materials based out of Fort Collins, Colorado. 2020 Bid Schedule for Crushed Type I and Type II Cover Coat Aggregat Item Quantity Price Contract Price Type I (3/8") 10,000 Tons $46.00 per Ton $460,000.00 Type II (1/2") 2,000 Tons $43.00 per Ton $86,000.00 Total $546,000.00 The single bid is within the 2020 estimated budget for this contract; therefore, it is Public Works recommendation to award the bid to Martin Marietta Materials for a total amount of $546,000.00. Public Works Department has purchased this material from Martin Marietta for the last six years with satisfactory results. Approve of recommendation: is Ham, Deputy Cfector of Public Works cc: Jay McDonald, Director of Public Works Mona Weidenkeller, Office Tech IV, Account payable/receivable Rob Turf, Purchasing Manager Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing OT/z� 20-gc)-- t% 3 E_C7ca�'8 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters@weldgov.com E-mail: reverett(a�weldgov.com E-mail: rturf(@weldctov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: JULY 2, 2020 REQUEST FOR: 2020 CRUSHED TYPE I AND TYPE II COVER COAT AGGREGATE SUPPLY DEPARTMENT: PUBLIC WORKS BID NO: #B2000138 PRESENT DATE: JULY 6, 2020 APPROVAL DATE: JULY 20, 2020 VENDOR MARTIN MARIETTA 1800 NORTH TAFT HILL RD FORT COLLINS, CO 80521 TYPE TYPE II TYPE TYPE II PRICE PER TON PRICE PER TON GRAVEL PIT $46.00* $43.00** *BASED ON 10,000 TON 3/8" CHIPS (TYPE I) **BASED ON 10,000 TON 1/2" CHIPS (TYPE 2) THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BID. HWY 34 AGG HWY 34 AGG 2020-1963 07/06 Hello