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Home My WebLink About20181690.tiff.j BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2020 Crack Filler Supply Renewal DEPARTMENT: Public Works PERSON REQUESTING: Neal Bowers DATE: 3/19/2020 Brief description of the problem/issue: The conditions for renewal of the Crack Filler Supply for 2020 specifies the ENR (Engineering News and Record) for PG -58 (Denver) for maximum allowed price from one year to the next, for 2020 is (+) 3.7%. Crafco Inc. did not request an increase over 2019 prices. This extension would be the third year of a possible three-year limit. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Renew the Crack Filler Supply Contract for 2020 with Crafco Inc. 2. Rebid the 2020 Crack Filler Supply. Recommendation: Public Works recommends option 1, Approve Rniodatio,R Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D, Ross .4�.. 3`301 Schedule Work Session e6;c-,0 eu) -,30 Other/Comments: 16TO 0/14I CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CRAFCO INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 19 day of March, 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 Crafco 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. 2018-1690, approved on 7/912018. 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 6/19/2020. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 6/20/2020, and will end on 6/19/2021. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. The 2018 Bid Schedule of the original agreement shall be replaced with the attached 2020 Bid Schedule, which is Incorporated herein 2. The original contract price shall be modified to no more than $32,792.00 for the contract period between June 20, 2020 and June 19, 2021. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duty executed the Agreement as of the day, month, and year first above written. CONTRACTOR N.Th ature Vi : President National Sales Manager BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair BY: :I��/.� . Deputy ClerIto th - Board ,1, MAR 3 0 2020 o it- He go 2020 BID SCHEDULE 2020 CRACK FILLER SUPPLY CRAFCO INC. Lrgm QUANTITY yjm PRICE EgiPRICE MMI CONTRACT LOCATION AND NAME 408 Rubberized Crack Filler and Delivery 40 Ton $819.80 $32,792.00 Cheyenne Wy 80115 ACORO® CERTIFICATE OF LIABILITY INSURANCE 46...,,,,.,- 4/30/2020 DATE(MMIDD/YYYY) 3/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 CONTACT i FAX E.MAIL INSURER(S1 AFFORDING COVERAGE NAIC # INSURER A: ACE American Insur_atngeSQmpany 22667 INSURED Crafco, Inc. 1407257 2829 Lakeland Drive Flowood MS 39232 2020-21 Bid INSURER B : National Fire and Marine Insurance Co 20079 INSURER C: INSURER DLL INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 14023434 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iIT1SR TYPE OF INSURANCE A�� .. ...'_........_...__� .___.�. P'li TOY EFP Mry ISULICY EXP LTR INSD WVD POLICY NUMBER IMM/DDIYYYTI (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X 1 OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY jEECOT , LOC OTHER: Y Y XSL G71231975 4/30/2019 4/30/2020 UMITS EACH OCCURRENCE $ 1,000,000 -WTO RENTED PREMISES6Ea=wren(*) $ 1,000,000 MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE PRODUCTS -COMP /OPAGG s 2000 000 _ s 2000,000 A AUTOMOBILE UABIUTY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y ISA H25278975 4/30/2019 4/30/2020 COMBINED SINGLE Li AgListiderta $ 2,000 000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX pt�MAtE-J$ XXXXXXX $ XXXXXXX B A X UMBRELLA UAB EXCESS LIAR DED 1 I RETENTIONS X OCCUR Y Y 42-UMO-302493-04 CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN HI NIA Y W LR C65889997 4/30/2(119 4/30/2019 4/30/2020 EACH OCCURRENCE J $ 10.000,000 4/30/2020 AGGREGATE X j STATUTE Iv I EERH E.L, EACH ACCIDENT i E L.. DISEASE - EA EMPLOYE/ E L. DISEASE - POLICY LIMIT s 10,000,000 $XXXXXXX $ 1,000,000 $ 1.,000.000 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FORMES HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED CERT CATE HOLDER CANCELLATION See Attachments 14023434 Weld County Public Works Pavement Management Division g 1150 "O" Street P.O. Box 758 Greeley CO 8063 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment Code: D547512 Master ID: 1407257, Certificate ID: 14023434 All policies (except Workers' Compensation/EL) include a blanket automatic Additional Insured endorsement [provision] that confers Additional Insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an Additional Insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an Additional Insured under the policy. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All policies include a blanket automatic Waiver of Subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the Waiver of Subrogation feature does not apply. Attachment Code: D547513 Master ID: 1407257, Certificate ID: 14023434 Named Insured Schedule Ergon, Inc. Ergon - West Virginia, Inc. Ergon Refining, Inc. Ergon BioFuels, LLC Ergon BioSciences, Inc. Ergon Asphalt & Emulsions, Inc. Crafco, Inc. Paragon Technical Services, Inc. Paving Maintenance Supply, Inc. Telfer Pavement Technologies, LLC Ergon Terminaling, Inc. Ergon Oil Purchasing, Inc. Ergon - Baton Rouge, Inc. Ergon - Ironton, LLC Ergon - Knoxville, Inc. Ergon - St. James, Inc. Ergon - Texas Pipeline, Inc. Ergon Acquisition Corp. Ergon Foundation, Inc. Ergon Securities, Inc. Big Valley, LLC Ergon Properties, Inc. ISO Panels, Inc. Magnolia Marine Transport Company Ergon Marine & Industrial Supply, Inc. Ergon Trucking, Inc. Diversified Technology, Inc. LLWR, LLC M & L Properties, LLC Mirror Lake Building, LLC Mirror Lake Land Company Pearl Street Parking LLC PruGON Properties LLC Crafco (Wuxi) Pavement Preservation Equipment Co., Ltd. Ergon - Latin America, LLC Attachment Code: D547513 Master ID: 1407257, Certificate ID: 14023434 Ergon - Asia, Inc. Ergon Asia (Hong Kong) Limited Ergon Mexico S de R.L. de C.V. Ergon International, Inc. (Formerly Ergon Europe, MEA, Inc.) Bay Harbour Development, LLC Grand Harbour Development, LLC Specialty Process Fabricators, Inc. Ergon Energy Associates, LLC Ergon Energy Partners, LP Flowood Oil, LLC Ergon Exploration, Inc. Ergon Production, Inc. MSLATX Pipeline Company Kearney Park Farms, Inc. Lampton-Love, Inc. Lacox Propane Gas Company Blossman L. P. Gas Service, Inc. Harrell Gas, Inc. Lacox, Inc. Lampton-Love Gas Company Lampton-Love of Magee, Inc. Lampton-Love of Pelahatchie, Inc. Liquefied Petroleum Gas Management, Inc. Allgas, Inc. Allgas, Inc., of Montgomery Allgas, Inc., of TN Magnolia Gas, Inc. Natchez Butane, Inc. Petroleum Distributor of Jackson, Inc. Progas Inc. Southern Propane, Inc. Starkville L.P. Gas, Inc. Process Oils, Inc. Chemical Marketing Associates DBA Process Oils, Inc. Telfer Geosynthetics Telfer Highway Technologies, LLC Telfer Oil Company Continental Western Transportation Co., Inc. Attachment Code: D547513 Master ID: 1407257, Certificate ID: 14023434 Ergon-Frazier Development I, LLC Bunge-Ergon Renewable Energy, LLC Ergon Asphalt Products - Coolidge, Inc. (Dissolved 10/8/2010) Ergon Asphalt Products, Inc. Lampton-Love Trucking, Inc. Mainstreet Builders, Inc. (Corporation dissolved 6/30/10) Pearl Street Properties, Inc. (Dissolved 08/11/2010) Solquim, C.A. (Sold March 2007) Flowood Properties LLC (Dissolved 01/23/2007) Georgia Emulsions, LLC (dissolved 10/21/2010) Bunge-Ergon Vicksburg, LLC Ergon Ethanol, Inc. Ergon Asphalt & Emulsions, Inc. dba Ergon Armor Ergon Asphalt Holding, LLC Telfer Pavement Technologies (Southeast), LLC Ergon Moda St. James, LLC Ergon Oil (Singapore) Pte. Ltd Ergon Oil (Indonesia) Ergon Construction Group, Inc. Ergon Construction Group, Inc. dba Alliant Construction Ergon Construction Group, Inc. dba Ergon Maintenance Services Bryan & Bryan Asphalt, LLC TABB Management Services, LLC Trinity Asphalt, Ltd. BMR Transport, Inc. Ergon Construction Group, Inc. dba ISO Panels, Inc. Bryan & Bryan Trucking, LLC Copeland Coating Company, a Division of Crafco, Inc. Resinall Corporation Contract Form Entity Information Entity Name* CRAFCO INC New Contract Request Contract Name* 2020 CRACK FILLER SUPPLY RENEWAL Contract Status CTB REVIEW Entity ID* @00030407 ❑ New Entity? Contract ID 3484 Contract Lead* NBOWERS Contract Lead Email nbowers@co.weld_co.us Parent Contract ID Requires Board Approval NO Department Project # Contract Description* 2020 CRACK FILLER SUPPLY THE THIRD YEAR OF POSSIBLE THREE YEAR LIMIT BID # B1800109 Contract Description 2 Contract Type* RENEWAL Amount* $32,792 00 Renewable* NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov corn Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD .CO.US Requested BDCC Agenda Date* 03/30/2020 Due Date 03/26/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a 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 03/01/2021 Termination Notice Period Committed Delivery Date Expiration Date* 06/19/2021 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03/24/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/30/2020 Originator NBOWERS Finance Approver CONSENT Purchasing Approved Date 03/24/2020 Finance Approved Date 03/24/2020 Tyler Ref I AG 033020 Legal Counsel CONSENT Legal Counsel Approved Date 03/24/2020 Submit BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2019 Crack Filler Supply Renewal DEPARTMENT: Public Works DATE: 4/2/2019 PERSON REQUESTING: Neal Bowers Brief description of the problem/issue: The conditions for renewal of the Crack Filler Supply for 2019 specifies the ENR (Engineering News and Record) for PG -58 (Denver) for maximum allowed price from one year to the next, for 2019 is (+) .01%. Crafco Inc. did not request an increase over 2018 prices. This extension would be the second year of a possible three-year limit. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Renew the contract with Crafco Inc. 2. Rebid the 2019 Crack Filler Supply. Recommendation: Public Works recommends option 1. Sean P. Conway Mike Freeman, Pro -Tern Scutt K. James Barbara Kirkrneyer, Chair Steve Moreno 44%5'1_ -- /9 Approve ltccommen lam. lion Schedule Work Session Other/Comments: Cc: . 60ti)) ,40/F- /(90 XOO 7�' CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CRAFCO INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 28 day of March, 2019, 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 Crafco Inc., 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. 2018-1690, approved on 7/9/2018. 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 6/19/2019. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 6/20/19, and will end on 6/19/2020. • 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. The 2018 Bid Schedule of the original agreement shall be replaced with the attached 2019 Bid Schedule, which is Incorporated herein. 2. The original contract price shall be modified to no more than $49,188.00 for the contract period between June 20, 2019 and June 19,2020. • 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. CONTRACTOR: Ci fco. / N. Thomas Kelly P si nt National Sales Manager Signatue BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAD arbara Kirkmeyer, Chai APR 2019 ddrilt,vt) Jeliz,;(1 ATTEST: Weld o t Clerk _. the BY: Deputy Cler '' o the Board 2019 DID SCHEDULE 2019 CRACK FILLER SUPPLY CRAFCO 408 Y�I QUANTITY Rubberized Crack Filler and Delivery PRICE 1M PER UNIT 60 ( Ton J $819.80 CONTRACT LOCATION AND PRICE III, $49,188.00 Cheyenne, WI 80115-Deery 115 Rr' CERTIFICATE OF LIABILITY INSURANCE 4/30/2019 DATE(MMIDD/YYYY) 3/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 ... _. INSURED cramInc. nc 1407257 2829 Lakeland Drive Flowood MS 39232 CONTACT -NAME; PHONE C No. Ent: - DWG. No)t "MAIL ADDRESS: NAK:N_.m_.„ 22667....., 20079 I 42757 , INSURER(S) AFFORDING COVERAGE INSURER A ACE -. Merit caRInurangc CAmpany INSURER B !National Fire and Marine Insurance CO 'Noma c . Agri. Qe icral InsuT?nce_CPITIpalty INSURER D; INSURER E : INSURER F COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iN3R ... _. , ......._.__. , ...,....,.._ ----1, 'bL `�^� fF t, E LM $ TYPE OF INSURANCE )IMsO VIVO POLICY NUMBER IMtVD /YYYYf i YYI LIMITS CERTIFICATE NUMBER: 4023434 REVISION NUMBER: XXXXXXX A„X A A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LX„) OCCUR AGOREGATE LIMIT APPLIES PER: LOC AUTOMOBILE LIABILITY ANY AUTO OWNED ....,. AUTOS ONLY ?T. HIRED _ _.. AUTOS ONLY I_.. SCHEDULED AUTOS NON.OWNED AUTOS ONLY Y Y Y XSL G46770183 ISA 1125156225 ISA H25156213 4/30/2018 4/30/2019 4/30/2018 14/30/2019 4/30/2018 ( 4/30/2019 EACH OCCURRENCE S 1,000,000 P 1 4„$,. Q_... MED EXP (My one person) $ XXXXXXX �.. PERSONALS ADV INJURY $ 1 000,000, GENERAL AGGREGATE $ 2,000,000_ PRODUCTS COMP/OP AGG $ 2 000000 COMBINED SINGLE LIMIT $ 2.000,000 BODILY INJURY (Per person) 4$ XXXXXXX BODILY INJURY (Per accident)( $ XXXXXXX PROPERTY DAMAGE {`{ �. -- $. XXXXXXX $ XXXXXXX B X UMBRELLA LIAB EXCESS LIAB X DEO I I RETENTION$ WORKERS COMPENSATION A I AND EMPLOYERS' LIABILITY OCCUR Y ' CLAIMS -MADE I ANY PROPRIETOR/PARTNER/EXECUTIVE dd OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under "DESCRIPTION OF OPERATIONS below Y NIA) 42-UMO-3021493-03 WLR C64786714 (AOS) WLR C6478674A (TN) 4/30/2018 4/30/2019 ' EACH OCCURRENCE 5 10,000,000 _,„ ., AGGREGATE , $ 10,000,000 4/30/2018 4/30/2018 4/30/2019 4/30/2019 i $ XXXXXXX EL EACH ACCIDENT ' E L_ DISEASE EA EMPLOYE $] Q00.0QQ. E.L. DISEASE - POLICY LIMIT $ 1.000.400 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. CERTIFICATE HOLDER CANCELLATION See Attachments 14023434 Weld County Public Works Pavement Management Division 1150 "0" Street P.O. Box 758 Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAn ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATIO . All rights reserved. The ACORD name and logo are registered marks of ACORD WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & CRAFCO INC. 201 R CRACK FILLER MATERIAL SUPPLY THIS AGREEMENT is made and entered into this 20 day of JUNE 2018, 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 1 150 "0" Street, Greeley. Colorado 80631 hereinafter referred to as "County," and Crafco Inc., who whose address is 6165 West Detroit St. Chandler, AZ R5226, hereinafter referred to as '`Contractor". WHEREAS, County desires to purchase from Contractor certain materials as described in Exhibit A, and WHEREAS, Contractor has the ability, qualifications, and time available to timely provide these materials, and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through a one year period. After the initial one year period it may be renewed upon written consent of both parties for additional two year long terms. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may he terminated at any time without notice upon a material breach of the teens of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 7. 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. tires. strikes, war, flood, earthquakes or Governmental actions. 8. 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. 9. 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. 10. 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. Ashfrae'4% 7- 9-/g Ce 7, q, /8 azo/e--/‘,9c, 6Croo"7� 11. 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. 12. 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. 13. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 20 day of JUNE, 2018. CONTRACTOR: Crafco, Ind By: Name: Charles Grady_ Title: Vice President Date June 20, 2018 WELD COUNTY T}(4 ATTEST 4d40;Oks Weld •out Cl BY: Deputy C k to he B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ve Moreno, Chair ISM JUL 0 9 2018 ARDATE l.. 7� CERTIFICATE OF LIABILITY INSURANCE 4/30/2019 (MMIDD/YYYY) 6/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 CONTACT NAME: PHONE FAX �L .EXtI WC ADDRESS: _ INSURER(S) AFFORDING COVERAGE ( NAIC A INSURERA:. 4CE.£ rogrt_.G7tttwin=Compa> _.-- .__. ... 22667_-_ ranc INSURER 8 : Berkshire Hathaway S ecl Insurance Company 22276 P y INSURED Crafeo Inc.pedal 1407257 2829 Lakeland Drive Flowood MS 39232 _ INSURER C _ • CQeneral Insurance,C,Qmpmy INSURERD: INSURER E: 42757 INSURERF :. COVERAGES CERTIFICATE NUMBER: 140234 REVISION NUMBER: }(XX}JXX THIS IS TO CERTIFY INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE EXCLUSIONS AND CONDITIONS INSR- LTR 1 TYPE OF INSURANCE THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ANY REQUIREMENT, TERM OR CONDITION OF ANY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ISSUED TO CONTRACT THE POLICIES REDUCED BY .-POLICY EFF _ - (MMIDD/YYYYI THE INSURED OR OTHER DESCRIBED PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS --.._.._,..._.........._... At90L,SUBR: __-..._.__. ._---__ .---._..: .-. INSD' WVD POLICY NUMBER POLICY EXP � MAVD0/TYYY) A 9 �COMMERCIAL 4._ GEN �X GENERAL _I CLAIMS -MADE X_( LIABILITY Y Y XSL 646770183 OCCUR PER 1LOC 4%30/2018 4/30/2019 I EACH OCCURRENCE DAMAGE _ TD' _PREMIS p.I t 3. n4g,-_g1 MED EXP (Any one person) $ 1 000 000 I� $ 1„000,000 XXXXXXX $ 1,000 000 $ 2,000 O00 $ 2000,000 4.$ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS COMP/OPAGG L AGGREGATE LIMIT APPLIES POLICY (JER TO OTHER: .� A A AUTOMOBILE X LIABILITY ANY AUTO OWNED HONLY HIRED AUTOS ONLY -.. � y y ISA H25156225 ISA H25156213 SCHEDULED 4;30/2018 4%30/2018 4/30/2019 4/30/2019 C CBINED OMam:doQII3INGLE LIMIT 2 000,000 I $ XXXXXXX ) $ XXXXXXX 1 $ XXXXXXX I _1„$_ BODILY INJURY (Per person) BODILY INJURY (Per accident)+. PROPER"IYDAMAGE Ppr ac Pr!t J 4.w A 1 $ XXXXXXX B X UMBRELLA LIAB i X EXCESS LIAB : OED I RETENTION$ OCCUR Y Y 42-UMO-3021493-03 CLAIMS -MADE 4,30/2018 14/30/201 9 EACH OCCURRENCE AGGREGATE $ l 0 ( )0(000 ' $ 10.000,000 ( $ XXXXXXX A C I I WORKERS COMPENSATION Y AND EMPLOYERS' LIABILITY WLR 064786714 (AOS) ANY ANYIPROPRIETOR EXCLNERR/EXECUTIVE NIA WLR C6478674A (TN) YIN N (Mandatory in NH) If yes describe under ;DESCRIPTION OF OPERATIONS below 4;30%20)8 4%30/20(8 4%30/2019 4%30/2019 ' PER ' 1 OTH- L X STATUTE I _ F,_,�R _ E. L. EACH ACCIDENT E L DISEASE - EA EMPLOYEE; $ 1,000000 $ 1,000,000 E.L DISEASE - POLICY LIMIT I $ 1 ,000,0`1 (� f 1 S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED C ERTIFICATF:S FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE. POLICY TERM(S) REFERENCED. CERTIFICATE HOLDER CANCELLATION See Attachments 14023434 Weld County Public Works Pavement Management Division 1150 "O" Street P.O. Box 758 Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �' © 1988-2015 ACORD CORPORATIO . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D547512 Master ID: 1407257, Certificate ID: 14023434 All policies (except Workers' Compensation/EL) include a blanket automatic Additional Insured endorsement [provision] that confers Additional Insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an Additional Insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an Additional Insured under the policy. All policies include a blanket automatic Waiver of Subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the Waiver of Subrogation feature does not apply. Attachment Code: D547513 Master ID: 1407257, Certificate ID: 14023434 Named Insured Schedule Ergon, Inc. Ergon - West Virginia, Inc. Ergon Refining, Inc. Ergon BioFuels, LLC Ergon BioSciences, Inc. Ergon Asphalt & Emulsions, Inc. Crafco, Inc. Paragon Technical Services, Inc. Paving Maintenance Supply, Inc. Telfer Pavement Technologies, LLC Ergon Terminaling, Inc. Ergon Oil Purchasing, Inc. Ergon - Baton Rouge, Inc. Ergon - Ironton, LLC Ergon - Knoxville, Inc. Ergon - St. James, Inc. Ergon - Texas Pipeline, Inc. Ergon Acquisition Corp, Ergon Foundation, Inc. Ergon Securities, Inc. Big Valley, LLC Ergon Properties, Inc. ISO Panels, Inc. Magnolia Marine Transport Company Ergon Marine & Industrial Supply, Inc. Ergon Trucking, Inc. Diversified Technology, Inc. LLWR, LLC M & L Properties, LLC Mirror Lake Building, LLC Mirror Lake Land Company Pearl Street Parking LLC PruGON Properties LLC Crafco (Wuxi) Pavement Preservation Equipment Co., Ltd. Ergon - Latin America, LLC Attachment Code: D547513 Master ID: 1407257, Certificate ID: 14023434 Ergon - Asia, Inc. Ergon Asia (Hong Kong) Limited Ergon Mexico S de R.L. de C.V. Ergon International, Inc. (Formerly Ergon Europe, MEA, Inc.) Bay Harbour Development, LLC Grand Harbour Development, LLC Specialty Process Fabricators, Inc. Ergon Energy Associates, LLC Ergon Energy Partners, LP Flowood Oil, LLC Ergon Exploration, Inc. Ergon Production, Inc. MSLATX Pipeline Company Kearney Park Farms, Inc. Lampton-Love, Inc. Lacox Propane Gas Company Blossman L. P. Gas Service, Inc. Harrell Gas, Inc. Lacox, Inc. Lampton-Love Gas Company Lampton-Love of Magee, Inc. Lampton-Love of Pelahatchie, Inc. Liquefied Petroleum Gas Management, Inc. Allgas, Inc. Allgas, Inc., of Montgomery Allgas, Inc., of TN Magnolia Gas, Inc. Natchez Butane, Inc. Petroleum Distributor of Jackson, Inc. Progas Inc. Southern Propane, Inc. Starkville L.P. Gas, Inc. Process Oils, Inc. Chemical Marketing Associates DBA Process Oils, Inc. Telfer Geosynthetics Telfer Highway Technologies, LLC Telfer Oil Company Continental Western Transportation Co., Inc. Attachment Code: D547513 Master ID: 1407257, Certificate ID: 14023434 Ergon-Frazier Development I, LLC Bunge-Ergon Renewable Energy, LLC Ergon Asphalt Products - Coolidge, Inc. (Dissolved 10/8/2010) Ergon Asphalt Products, Inc. Lampton-Love Trucking, Inc. Mainstreet Builders, Inc. (Corporation dissolved 6/30/10) Pearl Street Properties, Inc. (Dissolved 08/11/2010) Solquim, C.A. (Sold March 2007) Flowood Properties LLC (Dissolved 01/23/2007) Georgia Emulsions, LLC (dissolved 10/21/2010) Bunge-Ergon Vicksburg, LLC Ergon Ethanol, Inc. Ergon Asphalt & Emulsions, Inc. dba Ergon Armor Ergon Asphalt Holding, LLC Telfer Pavement Technologies (Southeast), LLC Ergon Moda St. James, LLC Ergon Oil (Singapore) Pte. Ltd Ergon Oil (Indonesia) Ergon Construction Group, Inc. Ergon Construction Group, Inc. dba Alliant Construction Ergon Construction Group, Inc. dba Ergon Maintenance Services Bryan & Bryan Asphalt, LLC TABB Management Services, LLC Trinity Asphalt, Ltd. BMR Transport, Inc. Ergon Construction Group, Inc. dba ISO Panels, Inc. Bryan & Bryan Trucking, LLC Copeland Coating Company, a Division of Crafco, Inc. 2018 BID SCHEDULE f 408 ITEM# ITEM Rubberized Crack Filler and Delivery QUANTITY 60 UNIT Ton PRICE PER UNIT $819 80 CONTRCT PRICE $49,188 00 LOCATION AND NAME Cheyenne, WY 80115-Deery 115 Prices will include all abor and equipment cost necessary to manufacture, load, scale and deliver material to Weld County Public Works facility. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. Tne bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #61800109 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and ail bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor FIRM Crafco. Inc. BUSINESS ADDRESS 6165 1!V Detroit St. CITY, STATE, ZIP CODE Chandler, AZ 65226 TELEPHONE NO 602-276-0406 FAX 480-961-0513 TAX ID # 86-0324978 PRINTED NAME A SIGNATURE .V\ 11.27k. - N Thomas Kelly Vice President National Sales Manager E-MAIL angle hoaglin a@crafco corn DATE May 15, 2018 "THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 6. ATTES , .otaa444,1 seett9;&A BOARD OF COUNTY COMMISSIONERS COA/1MISS ONERS Wel ' Cou ty CIS • th • : •ard WELD COUNTY, COLORADO BY Deputy Cle k to the B 1800109 C al JUL 0 9 20i8 oZoiJ /O ?-O ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the Following pages must be submitted with every bid submittal. Failure to Submit any of these documents will disqualify your bid. / I't' Receipl of addenda(s ). if any. should be signed /f if"' W -9 (Page 9, •j Anti -Collusion Affidavit (page 10) 1k Bid Schedule (page 7) I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. Crafco, Inc. (Contractor) Dated this By 1ph- y or May -----. N Thomas Kelly 2018 Title- Vice President National Sales Manager W-9 , Aseµr.t Plat Ut vin•'nl olibe liee.uev kmv.ct N. -.ore• &r.. Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. 17 .... s . .11.11 e.e lib mil. ,..: Crafco, Inc Alain .. lune hiu..•.lau t 'l iuM• noion ,1 .tel.•.m hi.. Ann, Nqp a • kI,r r.l, r.,l l.,��x,,//,.1.,--ee.,n ,3. ,, li13.11,01,.41 .,.I' ul,ear I,r /1 1 1 „l,r..11,M, ti „e,l.•Ilr,lvlrl, ..,, ,.,,n 11,1,111„ 1„• 1.:-.+1,. ,li,ei : ,l I,.i rer3 S _\.:,: I,r.r.. f„t, I. I,.rl,. ,.„i1► 3 ,1,4b... ,.,n,!„ , ' h, , I nrA q,t • 6165 W Detroit St t ,iv �Id .e,l/r',:r 1, • Chandler, AZ 85226 r 9 ..,.e,l,„_n,I,.3.. I,.• 4 t,r. r,.:i ,1,1>Urv, re, 3-1,,. Ir,xel 1 <, Ater. ., I,r„n t e1, A • Ill 1� ,p,. I.. .ruin.. II, .I vld, - uubrun ® Taxpayer Identification Number (TIN) Fete, your (IN in the anon -sonata box the TIN pro.rderl must match Is.. name Jiver can the 'Name trite Io aco,U barhut, .vilhhuadiny Fur indreiduals, dlis is your su:ial security ,xm,her ?SSW NOwever, It, 3 rosldonl often sole proprietor or Asregarded entity see the Pad I instructions o l pogo 3 For other entities it is you employer identification numbev iFlpp It you do not nave a number see Nov. to per 4 TIN on page 3 Note It Ihv A crinr , rn ,Wore el,. one mmne lore the chart on (,agr 4 1, r 3 f'vnev m Alin se number Ic ante, NM Certification Under penalties of perjury I cell ty, .hat The number shov,n on Its form ,s my rgnent taxpayer iderMtirahon number or I am ,va ting for 3 number to be ssr ad to me) and 2 I am not AlbffICI to backup vr.thhdd:nq heca, vo (a) I an, exempt hum backao w,thhold no or Ibt I have not been nnl.hnd by the internal Re,enue Sur, -non IRS) that I am sub:ed to backup withholding as a result of a tail. a to report oil nterest or d'nnrdends or c, the ,RS has ndlted me that I son no lunge, oubleet to b,ckup vtthhdd,ng and Social mooing, number Employer fdemineellen number 0 3 4 . 3 I am a U S citizen or other U 5 person (defined belcrm and 4 The FATCA cude(el entered on this form (II amyl ndiceling that I alit exempt from FATCA reporting ix correct Cortdicatton Io9truchons. You must cross out 'tern 2 above II you have been nettled by the IRS that you are cursedly subject to backup wtthhotdtng because you have laded to report all interest and dividends on yotr lax return For real estate transactions rtem 2 does not apply For mortgage interest pod acgwsttion or abandonment of secured DIoperty cancellation of debt contributions to en endl dual ,etremenl arrangement LIRA}, area generally payments other than interest and duvldonds you are not required to sign the certification hul you must pro•nde Your coned TIN See the irvtnlctiose on page 3 Sign Signature of Here U.S. person► General Instructions 0uI,.c t>eve!oj,ne,,,ty -• u ,1. ,-.•. I, I'r ,i•• .., 11,4 :, In mO4,1,10VI Purpose of Form o t ere, 3133 ,, rL.I•4. .r r Deem0on o1 a O3 ;noon 9 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT EIPV,rrir 333re..'e IIY'r,e•, , ,s:... r! erer,. r rr, ,tl ,.''e; i IF. 71 ' r,+ p,:;'a s, in ; are,t-t rIl IV, SI•d hay- np, , 11 v,,: 31 Inlentiy wd 1 rt -,1,S, a,.,C .ip a,3”13I ,?r ;,';;; pFFl0u`,F 1N w le Inc 1FFF rt r;,.,ir,_ 1 a; .or,fe, tIVre,, 4AII' i IF 111tHr t r n 3, 1iu, " +Rnr ;y :r 1n:In P. pr, r-: C,dd?r ,..ro ,'F , _i [:3Jdei ar _,PIPPt,S• a �,=e ors IRIS Pialact :uld I 1 ' -cse.7 Pi OS to G ;. Jt Inns 4PglC- II ' p ,c,p1 '1 d ', in,, ,ern „ , ,-Lr,' Werer erritn,": 1, l 5p." S,I4B IIIII? I di5O0fik0i 1 m(.' nr my 1C-FIF'..; l• 115 .N:,_ ,il. Vr,Vnfl t,.,_S( 1..n --- ,_:n w` , l C+d,jI'F,' .l. p, n1;' tr. ':II' . +nn,d7rL.ie vej'S, off En IcsOS .3 ..,.>ntfa,'n rcnl.oq a�11 1n IFIPIFI •„_ _ f 'T ( me ntn,S IiT.,. I,; IiBCt n., V 3 !t Terf If ni k9 '1 3,3331 :n c,^lnutlltn ra11';n n(trr�amw't as . ,t 'I I ir.. ,, .-ni I;C;6ih 'c.•c r, n1 a v 1 i��e;1;r Ail '11,17 �r€FF' lI ,` _,II b11F ,k•v ,i r;r Pelt, ,-rf :Oh r- ;1I W".,rrer E,rp '"1 of EEV1 F ',Mr} II,e p ICE i+.r ,„-,.ai1' u` rtuL•n.,I . r , ;. f:ary1 ,c., , , 1Y1111 rq .Pit - 411: F n l;r; ,v;l1i ti,f•, , II:y nl n, of 1 r ,1 11 if., .,. 3i 9iit"r r 1rl ,1 a ;b, „ , !, v:Id' ,,t r.: �3 r,t k'n, `!v _ :.11 I. m ' , 1 1.1 - , r rr , vrr I r._ ,i'eei Ji {11' 'I •?n.s,' a ,"... n1r•, I lr _ .-ft.#'.r I ,FIr; 1+ne; ;t I 511F �n r4 s.Ilp d r.,I> Yr y I„m 3 p3r i ,3 t,.t5 ,tq1 Ve w• ;n:;,t , C, I't o• .> „ .;r NC , +.l'. In,. ,_ly ,rii;, .ri>~. n,,_,.If c.r (u; rti. i�..., ..,.r >t l' '14 sir!, ;I»! .r i, .I1 nt r i �.. f . , ,.- w p an,;.;;, Fl I� , 'I' In •,I,' . t I,ti nae,r , •�dIr1E _ nr}tstiy 'if ,lli of +n," I,r'*, 15 I I FF1,.: s 1(4 ); _ ;,iSF rr Fr" r fact,. J r=+ysrl Uy n.,U, ,• d;-1!✓i .; ', 1 Mil, S �.,. C,C ;i .,� olfor ,t s! ;krr;le Vert, +e1.11 .I I,; ir,' a IT vF 3fe115.1,'II .,i .. ad's-rr 5 'I ;.I rJ-:1 ;e1t'It X51'4 IF(a AHi UhH,t-R ≤`ENAI "e OF F' FF,J11RV IN tHF SFCONt) f1- cilFF AN'+ O 110 R ni'f 11CAHI F IA ft OH FEDERAL LAWS, THAT THE STATEMENTS MADE ) t THIS r;:}Ct I►tE TRUE AND C'OMPLETE TO THE PEST OF MY KNOWLEOLE Crafco, inc. amOs✓.Dry Nay 0, .0 It+ Vice President National Sales Manager Sworn In beloie it fhio Q_2 t7A. t day of NOTE: This document must be signed in ink 20 is CWFICIAL SEAl ANGIE PIOAGLIN k4 f ARV PUnuc stale nl Atilma vN lcQPA CaliNIV Ny Comm epna Las 8, Nig NOTICE OF AWARD 2018 Crack Filler Material $tapI Project Description: The project in general consists of manufacture and delivery of specified crack fill material for the 2015 crack seal projects in Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to respond within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2018. Weld County, Colorado, Owner By Neal Bowers, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of . 2018. By Title: 81800109 11 WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The Colorado Department of Transportation 2017 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 — Control of work Revision of Section 106.07 - Control of Material Revision of Section 106.08 — Control of Materials Revision of Section 408.02 — Materials/Joint & Crack Sealant (May 2018) (May 2018) (May 2018) (May 2018) The remainder of this page left blank intentionally Page 12 13 14 15 16 81800109 12 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. Subsection 105.24 is amended as follows: Delete all references to CDOT and replace with Weld County. Delete: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for the City and County of Denver. Replace with: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for Weld County. Subsection 105.24(c) is amended as follows: Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222 Replace with: Weld County Board of Corn m issioners, 1150 O Street, Greeley, Co. 80632 Subsection 105.24(f) is amended as follows: In the third paragraph delete "the City and County of Denver" Replace with: "Weld County" In the fourth paragraph delete "Denver District Court" Replace with: "Weld County District Court" END OF SECTION The remainder of this page left blank intentionally 61800109 13 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.07 of the Standard Specifications is hereby revised for this project as follows: When the Engineer inspects the material at the plant the following conditions will be met: (1) The engineer shall have the cooperation and assistance of the Contractor and the materials producer (2) The engineer shall have access to all parts of the plant necessary for the manufacture or production of the materials being furnished. Test on the material shall be witnessed by a representative of Weld County for specification compliance. No material will be accepted if associated batch and lot numbers do not match previously approved material. Weld County reserves the right to select random samples from the job in progress for retesting. The retesting may be prior to or after incorporation of materials into the work. Those materials sampled and tested after delivery on the project or after incorporation into the work that do not meet the requirements of the contract will be rejected. The remainder of this page left blank intentionally 2 B1800109 14 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.08 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised to include the following: Packaging. Marking and Storage Sealant material shall be supplied pre -blended, pre -reacted, and pre-packaged. If supplied in solid form, the blocks of completed material shall be cased in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing liquid. Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the manufacturer's batch or lot number the application temperature range, the recommended application temperature, and the safe heating temperature. The material will be stockpiled at the Engineering Department, 1111 "H" Street, Greeley, Colorado. It is the sole responsibility of the supplier to coordinate delivery times. The remainder of this page left blank intentionally B1800109 15 REVISION OF SECTION 702 MATERIALS/JOINT & CRACK SEALANT Section 702.04 of the Standard Specifications is hereby revised for this project as follows: Materiel Specification Hot Pour Rubberized Asphalt Crack Filler. Crack filler material shall be hot pour polymer rubberized asphalt crack filler and shall not contain vulcanized or reclaimed rubber. Contractor shall submit details of proposed crack filler to the Engineer for approval. Crack filler material shall meet or exceed the following requirements. Material shall be tested in accordance to ASTM D-5329 Samples shall be prepared and heated in accordance to ASTM 0-5167. Cone Penetration: The average of three determinations, when tested at 77EF for five (5) sec. at 150 grams total moving weight, will not exceed 90 DMM. Resilience: The average of three determinations when tested at 77EF for twenty (20) sec. will be a minimum of 60%. Flow: Material shall be tested in accordance to ASTM D-3407, Flow shall not exceed 3 mm. after 5 hours. Softening Point: Material shall have a minimum softening point 190°F (93.3 DC), ASTM D36. Tensile Strength Adhesion: Conduct test in accordance with ASTM D-3406, Section 4.7 Tensile Adhesion @ 77F; except that sealant specimens shall be cured 4 hours (not 7 days). Minimum extension is 500%. Ductility: A standard specimen shall be capable of being pulled a minimum of 30 cm at 1 cm/min at 39.2DF (40C) (State of Utah Test). Force Ductility: The standard specimen shall not exceed a force of 4 pounds maximum during the specified elongation rate of 1 cm/min at 39.2DF (4DC). (State of Utah Test) Flexibility: A (1/8" x 1" x 6") specimen of the product conditioned to-16.6DF (-27DC)for one hour shall be capable of being bent to a 90D angle over a 1 - 1/8 inch (28.6mm) mandrell in 2 seconds without cracking. (State of Utah Test). Viscosity: Material shall have a viscosity of 1700CP maximum at 300DF (148.9DC), as determined by the Brookfield viscosity test method, SC4-27 spindle, 20 rpm. Incubate the specimen in the sample chamber and thermoset unit for 15 minutes prior to conducting the test. Report the result as the average of three. Use readings taken at 15, 30, and 45 minutes. 81800109 16 IDDEERYI 115 ' VI MI N, �,,, 1 HOT APPLIED SEALANT, Part No. 80115 PRODUCT DATA SHEET FEBRUARY 2012 DESCRIPTION DEERY 115 is a hot applied, single component, elastically modified composition of asphalt cement. virgin synthetic polymer and other modifiers The sealant contains no solvent. is pre -reacted and conforms to the requirements of various modified ASTM standards Material is tested for low temperature flexibility at -15'F (-26'C) VOC=0 gil USE DEERY 115 is a moderately low viscosity pavement preservation sealant intended for highway. street and aviation applications for sealing longitudinal and transverse joints and random cracks in Asphalt or Concrete pavements where a free flowing material is desirable Properly installed, DEERY 115 is an effective barrier against damage from debris and moisture infiltration into cracks and joints within regions experiencing moderate high and low pavement temperatures HEATING and APPLICATION Sealant shall be heated in a hot -oil jacketed molter capable of constant mechanical agitation and equipped with a calibrated thermometer to monitor sealant temperature Material shall be heated to and maintained at the Recommended Application Temperature during use Material can be cooled and then reheated, but only if prolonged healing is avoided Prolonged heating at or above Recommended Application Temperature may severely damage product If overheating damage occurs, immediately drain machine completely and refill with new material DEERY 115 is pre -reacted and can be applied immediately after heating to Recommended Application Temperature With pavement temperature at 40°F (4°C) or higher, place material into clean, dry crack or prepared reservoir by means of a hand-held pour pot, wheeled push bander or wand applicator Squeegee any excess sealant tight to pavement surface Pavement may be warmed to 40°F (4°C) or higher with a Hot Air Lance. For more details on heating and application, refer to the Installation Instructions- Hot Applied Sealant sheet which is included with each pallet of product. Specific Gravity of DEERY 115 sealant is 1 24. PROPERTIES of DEERY 115 When sampled and heated to maximum heating temperature in accordance with ASTM O5167 TEST Cone Pen Softening Point Workability Resilience @ 17°F (25"C). 20 sec. Curing to traffic Flow @ 140'F (60°C), Stirs , 75" angle tensile Adhesion Ductility @ 1 cm/min @ 39.2'F (4°C) Force Ductility @ 39 2°F (4°C) Flexibility (118" x 1' x 6') 90° bend over 1 125" mandrel, 2 sec Asphalt Compatibility Recommended Application Temperature Maximum Healing Temperature METHOD ASTM O5329 ASTM O36 ASTM D5329 ASTM D5329 ASTM D5329 ASTM D113 Utah Test AS TM D5329 ASTM D5167 ASTM 06690 §PECIFICATION 80 dmm max 190"F (89°C) min Penetrates '''/' cracks 60% min 30 minutes max 1 mm max 500% min 30 cm min 4 lbs. (1 8 kg) max No Cracks @ -15°F (-26°C) Pass 380-400`F (193-204'C)' 400°F (204°C) 'Temperature of product measured al pavement surface Use highest Recommended Application Temperature in cool weather 'Prolonged heating at or above Recommended Application Temperature may severely damage product PACKAGING Packaging consists of individual boxes of product which are palletized into shipping units. Boxes are made from corrugated kraft board with a minimum rating of 44 ECT Boxes contain a non -adherent film liner that permits easy removal of product from the box and quickly melts into the product during heating Boxes use tape closure and do not contain any staples Boxes are made from renewable resources and are fully recyclable. Pallets contain up to 75 boxes stacked in layers. Weight of product in boxes does not exceed 40 lbs. (18 kg). Pallet weights do not exceed 2880 lbs (1310 kg) Pallets of product are weighed and sold by net product weight, riot including weight of the boxes, pallet and outer wrapping. Boxes are labeled with the manufacturer, product name, product part no , product lot no., heating temperatures, safety information and use instructions Palletized units are protected from the weather using a minimum 3 mil thick plastic bag, a weather and moisture resistant cap sheet and a minimum of 2 layers of 6 month u v protected stretch wrap. Pallets are labeled with the product part number, lot number and net weight Installation instructions are provided with each pallet of product PERFORMANCE Temperature fluctuations, site conditions. surface preparation, traffic, installation technique, material selection, shape factor and surface treatment compatibility influence the effectiveness and useful life of Pavement Preservation treatments Consider and monitor each element for optimum results Purchaser and end user should determine applicability for use in their specific conditions WARRANTY Manufacturer warrants that these products meet applicable ASTM, AASHTO, Federal or State specifications at time of shipment Techniques used for the preparation of the cracks and joints prior to sealing or filling are beyond our control as are the use and application of the products; therefore, manufacturer shall not be responsible for improperly applied or misused products Remedies against manufacturer, as agreed to by manufacturer, are limited to replacing nonconforming product or refund (full or partial) of purchase price from manufacturer All claims for breach of this warranty must be made within three (3) months of the dale of use or twelve (12) months from the date of delivery by manufacturer, whichever is earlier There shall be no other warranties expressed or implied. For optimum performance, follow manufacturer recommendations for product installation. AN ON CON COMkANt 420 N Roosevelt .Ave • ChandPet. AZ 35226 ' -8('0.52;3-8242 • t602'' 5 '140f , FAX ,48L)'�6I tb 4r'liC0 :Om FOR ADDITIONAL INFORMATION CaIl:1-800-227-4059 toll free Email: in(o(st!c(eeIyatnerICalt.Curii Web: www.deeryamerican.com CMI sRiojY WMMMti frIAMO 'NI Weld County Public Works Pavement Management Division 1111 H Street PO Box 758 Greeley, CO 80632 Location of Plant: 325 County Road 128A Cheyenne, WY 82007 Crafco, Inc. Corporate Headquarters 6165 W. Detroit St., Chandler, AZ 85226 • Phone (602) 276-0406 or (800) 528-8242 • Fax (480) 961-0513 www.crafco.com PAVEMENT PRESERVATION PRODUCTS CERTIFICATE OF COMPLIANCE DEERY 115 SEALANT Part Number 80115 Project Location: Date: Weld County CO May 14,2018 DEERY 115 is a hot applied single component elastically modified composition of asphalt cement, virgin synthetic polymer and other modifiers. The DEERY 115 sealant supplied is certified to meet the following requirements: PROPERTIES of DEERY 115 c:ettet+led and heated to ntiaxnuunl h�,aur�i tcintn:ralurc it► accr>,rdani:c with AS I NI 1) In' TEST Cone Penetration Softening Point Workability Resilience @ 77°F (25°C), 20 Sec. Curling to traffic Flow @ 140°F (60°C), 5 hrs., 75° Angle Tensile Adhesion Ductility @ 1 cm/min. @ 39.2°F (4°C) Force Ductility @ 39.2°F (4°C) Flexibility (1/8" x 1" x 6") 90° bend over 1.125" mandrel, 2 sec. Asphalt Capability Recommended Application Temperature Maximum Heating Temperature Sincerely, .i tr Jim Chehovits Vice President of Operations INC v1 f;11O1) AS UM D5329 ASTM D36 ASTM O5329 ASTM D5329 AS I'M D5329 ASFMDl13 Utah Test AS FM D5329 ASTM D5167 ASTM D6690 SFbA.:IFU A 1'IOi'I I.1:Yi11 S 80 dmm max 190°F (89°C) min Penetrates ''A" cracks 60% nun 30 minutes max 1 nun max 500% min 30 cm min 4 lbs (1.8kg) max No Cracks @ -15°F (-26°C) Pass 380-400°F (193-204°C) 400°F (204°C) [Type here] EXHIBIT A [Type here] WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR 2018 CRACK FILLER MATERIAL SUPPLY May 2018 Weld County Public Works Pavement Management Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-400-3750 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and Supplement the 2017 Edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control material supply for this project. BIDDING REQUIREMENTS Invitation to Bid. ......................... . ..... ........................... . ... 3 Instructions to Bid 3 General Provisions 4-5 Insurance Requirements 5 Specifications and/or scope of work 5-6 Bid Schedule .. 7 Acknowledgement of Bid Documents. .... ....... ............. 8 IRS Form W-9 9 Anti -Collusion Affidavit 10 CONTRACT FORMS Notice of Award._ ....... ............... ........ 11 SPECIAL PROVISIONS Project Special Provisions Index 12 Project Special Provisions 13-16 81800109 2 REQUEST FOR BID WELD COUNTY. COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MAY 8, 2018 BID NUMBER: B1800109 DESCRIPTION: 2018 Crack Filler Material Supply DEPARTMENT: Public Works BID OPENING DATE: MAY 251H, 2018 de 1861` :raw— :r 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: 2018 Crack Filler Material Supply (with possible two, one year renewals) Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631. until: Fridays May 25«, 20181 10:30AM. (Weld County Purchasing Time Clock). 2. INVITATION TO BID: Bids shall include any and all charges for delivery, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay, if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at http //www.co.weld co us/Departments/Purchasing/indexhtml located under "Current Requests". And, on the Bidnet Direct website at www. bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County - 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid." An email confirmation will be sent when we receive your bid/proposal If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2 Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department. 1150 O Street, Room #107. Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions. 3. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County, payable after the current fiscal year are contingent upon funds for that purpose being appropriated budgeted. and otherwise made available By B1800109 3 acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should 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 G.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. 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. 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. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law. Colorado law, and rules and regulations, established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. H. 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. I. 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_ J. Extension or Modification: Any amendments or modifications to this agreement shall be in writing, signed by both parties. K. 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. L. Warranty: The successful bidder shall provide a warranty to the County as arranged by the parties. B1800109 4 M 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 N 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 O 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 P 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 Q 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 R 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 S. Insurance. Insurance coverage must be maintained as required by law and as specified in the specifications and/or scope of work 81800109 5 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: The project in general consists of the manufacture and delivery of specified crack fill material for Weld County 2018 crack seal projects General Conditions and Information 1 Weld County will not supply any material for this project 2 Bidders must indicate the location of their plant 3 Vendor will load, scale, and deliver all materials to Weld County Public Works facility at 1111 H Street, Greeley, CO by no later than September 16, 2018 4 Payment shall be made according to the bid price per ton times the tons of material supplied as determined by scale tickets from the plant All tickets must be signed by a Weld County employee 5 Vendor will call 24 hours before delivery of material, delivery will only between 7 00am to 3 00 pm, Monday through Friday The successful bidder is required to accommodate these situations 6 Weld County will select the bidder based on the lowest cost to the County that meets specifications 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 The below CDOT specification documents are pertinent to this contract References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department Specifications can be found on pages 13-16 of this document Section 105 22 Section 106 07 Section 106 08 Section 408 02 Control of Work Control of Materials Control of Materials Materials/Joint & Crack Sealant (May 2018) (May 2018) (May 2018) (May 2018) Weld County Contract Questions related to the project and procedures should be directed to Neal Bowers, Pavement Management Supervisor Weld County Public Works 970 400 3744 nbowers@co weld co us Terms and Conditions The Agreement shall commence approximately July 2018 and continue in full force for one year At the option of the County, the Agreement may be extended for up to two (2) additional years Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods Cost increase must be consistent with regional trends Weld County will use the ENR cost index (Paving, PG 58 per ton Denver) to measure the percent of increase from year to year to justify increase in cost Price adjustment will not be implemented without final approval from Weld County B1800109 6 2018 BID SCHEDULE ITEM# ITEM QUANTITY PRICE CONTRCT LOCATION AND I PRICE NAME UNIT PER UNIT 408 Rubberized Delivery Crack Filler and 60 Ton Prices will include all labor and equipment cost necessary to manufacture. load, scale and deliver material to Weld County Public Works facility 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. #B1800109 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE FAX TAX ID # **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE* WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 6. ATTEST: Weld County Clerk to the Board BY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller/Purchasing Director B1800109 7 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following panes must be submitted with every bid submittal. Failure to Submit any of these documents will disqualify your bid. ❑ Receipt of addenda(s), if any, should be signed. ❑ W-9 (page 9) ❑ Anti -Collusion Affidavit. (page 10) ❑ Bid Schedule (page 7) I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 2018 By: Title: 81800109 8 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. N N a V O3 � d U a iJ Other (see ins trtt+;.ticxM)� C, a r�l on your &.rsiness name/disregarded entity name, if dhlerent from abr * Check appropriate box ten federal tax ciassification: IndividuaLsole proprietor ❑ C Corporation S Corporation ❑ Partnership ❑ Trust/estate ❑ Looted liability company. Enter the tax rtassihratroi (C --C: corporation, S -S corporation, Pepartnership) ► Address (number, street, taxi apt. or suite no.) state, and ZIP code (< Exrmptiuns (see instructions): Exempt payee code (if any) Fxemptron from FATCA reporting cote (if any) Requester's name and artibeas (option+ Part I Taxpayer Identification Number (TIN Enter your TIN in the appropriate box The TIN provided must match the name given ort the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security Employer Identification mmb -1 Part II Certification Under penalties of perjury, I certify that: 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I ant exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I are a U S. citizen or other U S. person (defined below), and 4 The FATCA code(s) entered on this form Of any) indicating that I am exempt Certification instructions. You must cross out item 2 above if you have been because you have failed to report all interest and dividends on your tax return. interest paid, acquisition or abandonment of secured property, cancellation of generally, payments other than interest and dividends, you are not required to instructions on page 3. Sign I signature of Here U.S. person from FATCA reporting is correct notified by the IRS that you are currently subject to backup withholding For real estate transactions, item 2 does not apply For mortgage debt, contributions to an individual retirement arrangement (IRA), and sign the certification, but you must provide your correct TIN. See the Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted_ Futuredevelopments. the IRS has created a page CO II1S.gov for information about Form W-9, at www.irs.yov/w9- Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person 'who is r' -:lured to tile an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments: marlo to you in .settlement of payment ,card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment at secured property, cancellation of debt, or contributions you made to an IRA, Use Farm W 9 only d you are a U,S. person (including a resident alien), to provide your correct FIN to the person requesting it (the requester) and, when applicable. to: I Certify thal the TIN you are giving is correct (or you are waiting to a number hi be issued), 2. Certify that you are not sublerc to, backup withholding, er 3 Claim exemption from backup withholding if you are a II -S. exempt payee It applicable., you are also certifying that as ai I,S. person, veer allocable share of any partnership income from 'd li S. trade or business is not subWct to the withholding tax on foreign partners` share of effectively connected marine, and Pertly that F Al CFA code(s) entered er, this form it any) indicatIng that you are exempt from the FATCA reporting, is correct Note. If you tire a 11,5. person and a requester gives you 'a Form other than Farm W-9 la request your TIN, you must rise the requester's form if it :s substantially similar to this form IN sit. Definition of a U.S. person. For tenteral tax purposes. you are considered a 11,5, person it you are: • Art individual who is a IJ,S., citizen or U.S. resident alien. • /4 partnership, cox pnratioo. company, or a_s-ociation created or organized in the United States or under the laws of the United States, • An estate (other than a to;eian estate), or • A dornestir: host (as defined in Regulations section 301.1/01-1), Special rules for partnerships. Partnerships that conduct a trade or boson ss ai the United States :,ire generally ierµured to pay a withholding tax under section 1446 on any foreign partners' share at effectively connected taxable income from such bucnnss. Further, in certain cases where a norm W 9 has trot been received, the rules under section 1446 require a par tnersinp to presume that a partner is a foreign person, and pay the section 1446 withholding tax_ Therefore, if you are a U.S person that is a partner in a partnership donducting a trade ix business in the tinder' States, provide Farrier/V-9 Ii, the partnership to establish your 1). S status and avoid section 4146 withholding on yawn shave of partnership income. Cat No. I023IX Form W-9 (Rey. 3-20131 B1800109 9 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT 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 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'irm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication. agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid , or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. iq- Sworn to before me this day of, 20 NOTE: This document must be signed in ink. COOT Form 0606. 1/02 81800109 10 NOTICE OF AWARD 2018 Crack Filler Material Supply To: Project Description: The project in general consists of manufacture and delivery of specified crack fill material for the 2015 crack seal projects in Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to respond within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2018. Weld County, Colorado, Owner By Neal Bowers, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2018. By: Title: B1800109 11 WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The Colorado Department of Transportation 2017 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 Revision of Section 106.07 Revision of Section 106.08 Revision of Section 408.02 — Control of work — Control of Material — Control of Materials — Materials/Joint & Crack Sealant (May 2018) (May 2018) (May 2018) (May 2018) The remainder of this page left blank intentionally Page 12 13 14 15 16 61800109 12 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. Subsection 105.24 is amended as follows: Delete all references to CDOT and replace with Weld County. Delete: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for the City and County of Denver. Replace with: The venue for all unresolved disputes with an aggregate value $25,000 or less shall be the County Court for Weld County. Subsection 105.24(c) is amended as follows: Delete: Division of Audit, 4201 E. Arkansas Ave, Denver, Co. 80222 Replace with: Weld County Board of Commissioners, 1150 O Street, Greeley, Co. 80632 Subsection 105.24(f) is amended as follows: In the third paragraph delete "the City and County of Denver" Replace with: "Weld County" In the fourth paragraph delete "Denver District Court" Replace with: "Weld County District Court" END OF SECTION The remainder of this page left blank intentionally 61800109 13 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.07 of the Standard Specifications is hereby revised for this project as follows: When the Engineer inspects the material at the plant the following conditions will be met: (1) The engineer shall have the cooperation and assistance of the Contractor and the materials producer. (2) The engineer shall have access to all parts of the plant necessary for the manufacture or production of the materials being furnished. Test on the material shall be witnessed by a representative of Weld County for specification compliance. No material will be accepted if associated batch and lot numbers do not match previously approved material. Weld County reserves the right to select random samples from the job in progress for retesting. The retesting may be prior to or after incorporation of materials into the work. Those materials sampled and tested after delivery on the project or after incorporation into the work that do not meet the requirements of the contract will be rejected. The remainder of this page left blank intentionally 2 B1800109 14 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.08 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised to include the following: Packaging, Marking and Storage. Sealant material shall be supplied pre -blended, pre -reacted, and pre-packaged. If supplied in solid form, the blocks of completed material shall be cased in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing liquid. Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the manufacturer's batch or lot number the application temperature range, the recommended application temperature, and the safe heating temperature. The material will be stockpiled at the Engineering Department, 1111 "H" Street, Greeley, Colorado. It is the sole responsibility of the supplier to coordinate delivery times. The remainder of this page left blank intentionally B1800109 15 REVISION OF SECTION 702 MATERIALS/JOINT & CRACK SEALANT Section 702.04 of the Standard Specifications is hereby revised for this project as follows: Material Specification Hot Pour Rubberized Asphalt Crack Filler. Crack filler material shall be hot pour polymer rubberized asphalt crack filler and shall not contain vulcanized or reclaimed rubber. Contractor shall submit details of proposed crack filler to the Engineer for approval. Crack filler material shall meet or exceed the following requirements. Material shall be tested in accordance to ASTM D-5329. Samples shall be prepared and heated in accordance to ASTM D-5167. Cone Penetration: The average of three determinations, when tested at 77EF for five (5) sec. at 150 grams total moving weight, will not exceed 90 DMM. Resilience: The average of three determinations when tested at 77EF for twenty (20) sec. will be a minimum of 60%. Flow: Material shall be tested in accordance to ASTM D-3407, Flow shall not exceed 3 mm. after 5 hours. Softening Point: Material shall have a minimum softening point 190°F (93.3 DC), ASTM D36. Tensile Strength Adhesion: Conduct test in accordance with ASTM D-3406, Section 4.7 Tensile Adhesion @ 77F; except that sealant specimens shall be cured 4 hours (not 7 days). Minimum extension is 500%. Ductility: A standard specimen shall be capable of being pulled a minimum of 30 cm at 1 cm/min at 39.2DF (4DC) (State of Utah Test). Force Ductility. The standard specimen shall not exceed a force of 4 pounds maximum during the specified elongation rate of 1 cm/min at 39.2DF (4DC). (State of Utah Test). Flexibility: A (1/8" x 1" x 6") specimen of the product conditioned to-16.6DF (-27DC)for one hour shall be capable of being bent to a 90D angle over a 1 - 1/8 inch (28.6mm) mandrell in 2 seconds without cracking. (State of Utah Test). Viscosity: Material shall have a viscosity of 1700CP maximum at 300DF (148.9DC), as determined by the Brookfield viscosity test method, SC4-27 spindle, 20 rpm. Incubate the specimen in the sample chamber and thermosel unit for 15 minutes prior to conducting the test. Report the result as the average of three. Use readings taken at 15, 30, and 45 minutes. 81800109 16 MEMORANDUM TO: Rob Turf, Purchasing Department FROM: Neal Bowers, Public Works SUBJECT: Bid Recommendation for B1800109 2018 Crack Filler Material Supply DATE: 5/30/18 On May 25,2018 bids for Crack Filler Material Supply were open with bids from two vendors. Public Works Department recommends that the contract be award to low bidder, Crafco Inc. 6165 West Detroit Street, Chandler AZ 85226. With its plant location in Cheyenne, WY. In the amount of $49,188.00 (see below). VENDOR CRAFCO INC 6165 W. Detroit St CHANDLER AZ 85226 PRICE PER TON (based on 60 tons) $819.80 pc: Curtis Hall, Jay McDonald, Rose Everett, Mona Weidenkeller TOTAL PRICE PLANT NAME & LOCATION $49,188.00 DEERY - 115 CHEYENNE WY 80115 0ot8'-tCD90 DATE OF BID: MAY 25, 2018 REQUEST FOR: CRACK FILLER MATERIAL SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1800109 PRESENT DATE: MAY 30, 2018 APPROVAL DATE: JUNE 13, 2018 PRICE PER TON VENDOR (based on 60 tons) CRAFCO INC 6165 W. Detroit St CHANDLER AZ 85226 RIGHT/POINTE LLC 234 Harvestore Drive DEKALB IL 60115 DISSCO 850 South Lipan St. DENVER CO 80223 $819.80 $952.00 NO BID PUBLIC WORKS WILL REVIEW THE BIDS. WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverett(a�weldgov.com E-mail: cmpeters(a�weldgov.com Phone: (970) 400-4222 & 400-4223 Fax: (970) 304-6434 TOTAL PRICE PLANT NAME & LOCATION $49,188.00 DEERY - 115 CHEYENNE WY 80115 $57,120.00 DEKALB IL RIGHT/POINTE LLC 2018-1690 V60 Hello