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Home My WebLink About20191454.tiffWELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & GCC OF AMERICA, INC. THIS AGREEMENT is made and entered into this 15 day of Apirl, 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and GCC of America, Inc, a Delaware Corporation registered to do business in Colorado, whose address is 600 South Cherry Street, Suite 1000, Glendale, CO 80246, hereinafter referred to as "Contractor". WHEREAS, Contractor to supply and deliver Bulk Portland Cement to Weld County construction projects WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1900078". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further he responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may 66! (),A,64-t-qpi,d) tote,Wieeic,19) 2o/9- /45`- 8 6 b67(0 result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall he delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. This Agreement shall commence approximately April 2019 and continue in full force for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record (ENR) for the Cost Index for Denver Portland Cement (Type 1). That increase will be based on the percentage change from year to year. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $990,018.25, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expirationof this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit B provide proof thereof when requested to do so by County. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable); the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that allmaterials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit ,with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 14. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its perfoiiiiance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; 1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of S1,000,000 for bodily injury, per person, `1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insureds waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor County: Name: Joshua J. Holbrook Position: Weld County Inspection Supervisor Address: 1111 H Street, Greeley, Co 80632 E-mail: jholbrook@weldgov.com Phone: 1.970.301.2622 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full perfoi mance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 25. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24 -l0 -10I et seq., as applicable now or hereafter amended. 26. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in. this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 27. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 28. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be nulland void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 29. Atlip is Feesite 1 Costs. In the event of a dis ate between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this. Agreement or incorporated herein by reference shall be null and void. 31. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work -performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 32. Compliance with Colorado Department of Transportation Regulations and Standards Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknovvledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of /4, , 2019. CONTRACTOR: Gee e 4 Apwst`., By: Name: Title: Date 'I -W --1-01i WELD COUNTY: ATTES s Jel'gi`- BOARD OF COUNTY COMMISSIONERS Weld ' o nt Cler the Bo. . #��'�'! WED COUNTY, COLO • PO BY: Deputy Cl r ara Kirkmeyer, Chai MAY i 2019 exhibit A L UNT C..rIT:.:;:!NTRACT jv+^-� ID D ENTS S ECIFiC FOR THE ULK PORTLAND CF:I:.ENT FOR 2I (with options for 2020/201 P<MvM+rMHMA'MAWItt . C March 2019 for Weld County Public Works Road & Bridge Construction 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2017 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control construction of this project. BIDDING REQUIREMENTS Notice to Bidders 3 Invitation for Bids 3-4 Instructions to Bid 4-9 Insurance Requirements 9-11 Project Information 12 Project Special Provisions Index 12 Project Special Provisions 13-16 Weld County Contact 17 Terms and Conditions 17 Bid Schedule 18-19 Acknowledgement of Bid Documents 20 Anti -collision Affidavit 22 IRS Form W-9 23 Supply Bond 24 APPENDICES Appendix A — Project Location Map 21 BID REQUEST #B1900078 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE. March 20, 2019 I NUMBER: #B1900078 DESCRIPTIN: 2019 Bulk Portland Cement DEPARTMENT: Public Works Department MANDATORY PRE=BID CONFERENCE DTE: NA BID OPENING ?ATE: April 10, 2019 1s NOTICE TO BIDDER: 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: 2019 Bulk Portland Cement (with possible two, one-year renewals) The project in general consists of supplying and delivering bulk Portland cement to certain Public Works projects sites during the 2019 construction year. Public Works estimates the total volume required wilt be between 6,500 — 7,500 tons for various locations within Weld County. The cement shall be delivered to the job site with a tanker truck capable of transporting approximately 25 tons of cement and transferring or pumping material into a cement spreader truck. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:TJam on April 10, 2019 (Weld County ,Purchasing Time Clock) PAGES 1 -11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORM 4-TION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 141 MAY BE APPLICABLE FOR EVERY PURCHASE BID SPECIFICS FOLLOW PAGE 11 20 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 at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing 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,: BID REQUEST #B1900078 Page 3 1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s© w e I d g o v. c o m. 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. INSTRUCTIONS TO BIDDERS: IN T R ' UCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld Count . The bid s ma be awarded to more than one vendor. BID REQUEST #B1900078 Page 4 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. if Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to G.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. BID REQUEST #B1900078 Page 5 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of 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. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. BID REQUEST #B1900078 Page 6 F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurers nt 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 BID REQUEST #B1900078 Page 7 and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder BID REQUEST #B1900078 Page 8 shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. 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 incoroorated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6 INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible 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 BID REQUEST #B1900078 Page 9 the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles BID REQUEST #B1900078 Page 10 operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B1900078 Page 11 PROJECT INFORMATION: Purpose The project in general consists of supplying and delivering bulk Portland cement to various Weld County Public Works projects sites during the 2019 construction year. Product Delivery Location(s): A map showing the project location can be found in this document on page 21, Appendix A. 1) WCR 29 from SH 14 to WCR 94.5 2) WCR 28 from WCR 39 to WCR 41 3) WCR 13 from SH 66 toWR34 4) WCR 60.5from WCR 47 to WCR 51.5 5) WCR 41 from WCR 26 to WCR 28 6) WCR 18 from WCR 33 to WCR 37 7) WCR 5 from WCR 40.5 to BR 5/42A 8) Weld County Public Works (1111 H Street, Greeley CO, 80632-0758 Scope and General Specifications: The project in general consists of supplying and delivering bulk Portland cement to certain Public Works projects sites during the 2019 construction year. Public Works estimates the total volume required will be between 6,500 — 7,500 tons for various locations within Weld County. The cement shall be delivered to the job site with a tanker truck capable of transporting approximately 25 tons of cement and transferring or pumping material into a cement spreader truck. WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The 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 101 - Definition of Terms Revision of Section 106 Revision of Section 106 Revision of Section 701 Delivery Standby Time Portland Cement (March 2019) (March 2019) (March 2019) (March 2019) (March 2019) Page 12 13 14 15 16 BID REQUEST #B1900078 Page 12 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 — Definition and Terms is hereby revised for this project as follows: Subsection 101.28 Department delete first sentence and replace with Weld County Department of Public Works. A department within the Government of Weld County Colorado Subsection101.29 Replace Chief Engineer of the Department with Director of Weld County Public Works Department Subsection 101.39 Laboratory — replace Department with Weld County Subsection 101.58 Replace Regional Transportation Director with Director of Weld County Public Works Department Subsection 101.70 Replace State with Weld County All references to State, CDOT and the Department of Transportation shall be defined as Weld County acting directly on or through its duly authorized representative or agent. The remainder of this page left blank intentionally BID REQUEST #B1900078 Page 13 REVISION OF SECTION 106 DELIVERY Section 100 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Delivery of the material shall conform to all federal, state, and local load requirements for highway transport loadings. Delivery shall include equipment and personnel necessary to transport bulk cement to the project site including the transfer of the bulk cement into Owner's cement spreader equipment which is capable of holding 25 tons when empty plus or minus 500 lbs. METHOD OF MEASUREMENT Delivery shall be measured by the miles traveled for a round trip delivery from plant location to project site. Delivery shall be based upon an approximately 25 ton/truck transport. Delivery of more than 25 ton per load will require additional time to unload and payment for standby time may not apply. CANCELLATION OF SCHEDULED DELIVERY Normal contract mileage will be paid by Owner for scheduled deliveries if the delivery is not cancelled at least 2 hours before the scheduled time of delivery. If the load is cancelled at least 2 hours before the scheduled delivery no delivery charge will be paid by the Owner. The contractor will provide a contact number to Owner to cancel deliveries that is available at least 2.5 hours before the first scheduled delivery of that day. BASIS OF PAYMENT Payment will be made at the contract unit price per mile. Pay Item Delivery (Roundtrip) (Project) Est. tons (See Appendix A) Pay Unit. Mile The remainder of this page left blank intentionally BID REQUEST #B1900078 Page 14 REVISION OF SECTION 106 STANDBY TIME Section 100 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Standby Time shall for those hours beyond the first 1.5 hours from the requested or scheduled arrival time by the Owner to job site. METHOD OF MEASUREMENT Standby Time will be measured by the hour beyond the first 1.5 hours of requested or scheduled arrival to the job site. Arrival time shall be coordinated with the Owner and no standby time will be paid for if delivery is 15 minutes after the scheduled arrival time as requested by the Owner. BASIS OF PAYMENT Payment will be made at the contract unit price per hour or as agreed to on -site by the Contractor and Owner and shall include equipment and personnel. Pay Item Pay Unit Standby Time Hour The remainder of this page I ft blank intentionally BID REQUEST #B1900078 Page 15 REVISION OF SECTION 701 PORTLAND CEMENT Section 700 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Portland Cement shall conform to the requirements of the following specifications for the type specified. MATERIALS Portland Cement shall comply with the latest specifications (ASTM C150 or AASHTO M85). METHOD OF MEASUREMENT Portland Cement will be measured by the ton. BASIS OF PAYMENT Payment will be made at the contract unit price per ton for the material delivered to the job site and incorporated into the work and verified by weigh tickets or as approved by the Owner. Pay Item Pay Unit Portland Cement (Type I -II) Ton Low Alkali The remainder of this page left blank intentionally �-1 BID REQUEST #B1900078 Page 16 Weld County Contact: Questions related to the project and procedures should be directed to: Joshua JD Holbrook — Construction inspection Supervisor Weld County Public Works 970.304.6496, ext. 3743 jholbrook©weldgov.com Duane Naibauer — Road and Bridge Construction Supervisor Weld County Public Works 970.304.6496, ext. 3786 dnaibauer@weldgov.com Terms and Conditions: All vendors will be required to sign Weld County's Materials Agreement. The Agreement shall commence approximately April 2019 and continue in full force for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. The base price per ton may increase from one year to the next ny no more than the increase reflected in the Engineering News Record (ENR) for the Cost Index for Denver Portland Cement (Type 1). That increase will be based on the percentage change from year to year. BID REQUEST #B1900078 Page 17 DESCRIPTION Portland Cement (Type I -II) (Low Alkali) (Est. 7,181 tons) WCR 29 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,813 tons WCR 28 Project (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 279 tons 2019 ID SCHEDULE UNITS Ton Mile $ Mile $ UNIT PRICE WCR 13 Project (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 871 tons Mile $ WCR 60.5 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,163 tons Mile $ WCR 41 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 372 tons WCR 18 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) 1,490 tons WCR 5 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 261 tons Public Works Department (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 931 tons Mile Standby Time (Est. 20 hours) Hour Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. BID REQUEST #B1900078 Page 18 Plant Locati n (List the address from where the cement will be delivered from) Location I Plant Name: Physical Address: City, State: Location 2 Plant Names Physical Address: City, State: Please note below if Plant locations have limitations on availability or special requirements BID REQUEST #B1900078 Page 19 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. Receipt of addenda(s), if any. W-9 (page 23) Anti -Collusion Affidavit. (page 22) Bid Schedule (pages 18-20) Supply Bond (Page 24) The undersigned, by his or her signature, hereby acknowledgs 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. #B1900078. 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 FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLO. Ak DO SALES T ..:, ES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK P GES 1 ® `l t BID REQUEST #B1900078 Page 20 r- 50 5 100 _ I _ _ _ r _ jr _ c\re, war SITES: - ESTIMATED TONS of CEMENT: I t :WCR 1001 WCR 28 fr. WCR 39 to WCR 41 WCR. 29 fr. Sid 1.4 to WCR 94.5 1,813 279 .@ WCR 13 fr. SII 66 to WCR 34 871 WCR 29 r. SH 14 to WCR 94.5)1— l' WCR 60.5 fr. WCR 47 to WCR 51.5 1,163 t I WCR 41 fr. WCR 26 to WCR. 28 372 I' WCR 18 fr. WCR 33 to WCR 37 1,490 u I I El WCR 5 fr. WCR 40.5 to BR 5/42A 261 >IwcR9a t - ± I 9 1 1 j 80 70 60 10 al I U 56 s I •I•65 415115 UI 1 90 ,-I t I I t t - I Weld County Public Works I -. WCR'80:a- -.1, WCR 80 1 WCR WCR 78I J..ti.._-76.5~..---..— 1-- _ _ r _ WCR 7677.75, STEVEN STREET ##In o '1 WCR__42 WCR 54 52.25 m-Oy a • ) .1 t "Vtkica N 70 Ivele I. t 'WCR 72 mac 0 r WCR 8& a 1 WCR 844 r -i I .1 WCR 1 �-----€-- x t 2� t � I 1 WCR 82 I I Cl 4 Z ' it 1 t I crISJ 1 t 1 1 1 t i —OLIVE .3. _ ..t. - . STREET' I 931 TOTAL: 7,181 Tons I I Mason t vfew _ - .t- Road ...,....... - -a t I 1 _ 1(D {L' lin -----1---LK IU 1 I t _.-1- _Q-- -+t N C7 I I . •' WCR 66 % I _ WCR WCR 60.5 Weld CourtPublic Works tvuc. c s%. a '4thStca,��. WCR: 46 Irt o: WCR 48.5 WCR __ 52-4 I t to ` 'n 7 a 'WCR"46 IWZ T Lite_ Ln o" aria CC UM at WC'R S fr. WCR 40.5 to BR 5/42A _ wCW U y. 40.5 ' IWCR1 F " j' }'-38.5 I I WCR- 34 to cn 20j0 ILIAp I all) i �`El P>1ERC¢2y-�.S �YVCR LIIVIVI I I --DRIVE WCR 24.5 I V E IU E 20the U - I WCR 66 5 4 i ce — — WCR 74 WCR 68 WCR 60.5 fr. WCR 47 to WCR 51.5 Iri » " u0 388— la 'ro. tt WCR I �.� g,- - "r o '� to Lir I I o ='�-` v u'±-% b SIX lg D' 37th St TODD""`' `AVENUE fir 1 tU Iy = WCR 44 I I I I I 1 I IS t `__I-._ I _ _L._ —WCR40--I,-_E Ian 1 I- - -II- --{- 1WCR38 - - - —1 L_...r WCR 3 i 36 j 1 x WCR S4.5~~---- WCR 32 j h,3/4 •'vx ≤ > crii ` WCR Ow la 52.5 1- _--- - l---l---i WCR 48* .r__..-._}_ I 1 WCR 13 fr. SH 66 to WCR 34 1 WCR 30.5 WCR 20.5 11 N lila FIR AV t` cc .� w NSW 51, I ELtt I trip JOHNSON LANE I 1- • ---4 -4 I --+--I 1 I I I I WCR 28 WCR 28 fr. WCR 3.9 to WC'R 411 r I :VCR 12 WCR 8 - •1- - I .. I 1 --I r - WCR 20.2 N I WCR T.> WCR 20 18_5 �.-».....__ WCR 22 ito TWCR4:5 `r' —..l 1 t I WCR 18 52 WCR 14 a IY U Parks• WCR 30 I OW s J WCR .ago CR-1-50 WCR 41fr. WCR 26 to WCR 28 Va I -I6 I---r--1---r— 1O731 s c -1 I- - NCR 1 _ I I _ 7,„'18.5 T� �"-T T WCR 18, ft WCR 33 to J*VR 37 555 5555. PADEN FAIR I I PINTO (STREET 1 t I ,. "-r - w� U 15 25 35 n APPENDEX A WELD COUNTY 2019 CEMENT LOCATION MAP N r l Wch 2 45 Weld County PW 1111 H St. Greeley, CO 80631 970-304.6497 tr u') I it I U 1 T I 1 I I I I I WCR 1t? __1--!_ t I I _. - IWCR6 I i I t a 1------� - -L - -L - -E -Lj-- I i �t 1 55 I ILegend ' Greeley I�� WCR 60.5 - CR 47 to CR 51.5 Other Municipal, Paved tatl WCR 29 - SH 14 to CR 94.5 WCR 41 - CR 26 to CR 28 Highway Municipal, Gravel laffaM WCR 28 - CR 39 to CR 41 WCR 18 - CR 33 to CR 37 Paved --- ! CountyBoundary i WCR 13 - SH 66 to CR 34 WCR 5 - CR 40.5 to BR 5/42A - - -- Graved • CCI U 1. t 1 SI 85 65 I a i 1 I„ � to I • t I I I I .�. BID REQUEST #B1900078 Page 21 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm, I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 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 form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's firm or company name By Date Title 2nd contractor's tirm or company name (It joint venture ) Sworn to before me this day of, By Title Date 20 Notary Public My commission expires NOTE: This document must be signed in ink. CDOT Form #6016 1102 BID REQUEST #B1900078 Page 22 Form (Revs. 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. Name (as shown on your income tax return) •nnfYNP.xr'.vveH•v.110.1..ev.v.W.unwr'uew.aw'tvx'uu:xn'nr'x'n.n:n :. :..:.w...::..... .n.n..v.r—m.mm...n..u..w • • r✓ r1... r�.W..nyV.W.wW.VVNWWNMMtWWM'xlw.VnWUMMnwMW.vn\1111..• rw..n.m.r.nm�•�✓�Ww.✓J,vW.W�:u WrWww✓ruWuuuAWu'Mv%cunAWr•IUWI.YxnWmvn.VwvrtwmVmvmx'..mrm•rY.m+I.vemsn�w.VM.WAw siness name/'drsregarded entity name, it different train above Check appropriate box for federal tax classification: Individual/'sole proprietor O C Corporation s corporation Partnership irustlestate limited liability company. Enter the tax classification (CX corporation, s�.S corporation, P4oartnership) $n Other (see instructions) Iw 'Exemptions (see instructor*: Exempt payee code (if any) Exemption from E A f C -A reporting code (if any) Address {number, street, and apt. or suite no.) City, state, and ZIP code List account number(s) here (optional) Requesters name and address (optional) .u.1•nWu..W1.W[14V3Vx OLVAM•:ANA..vIMV.MnMnxv..1W.VmVMMMnM/.YO'.Vsm....mw...nn.num✓num.v.'.u.I.u.u..n...auW:W.w•.w,,. WMWnws y W wMw..vxnv*ma WNVM.:VasM.M1...VMnlWMWMM.n,on•....nuuw..4.4coo l......i..n...n.1.1011,41110&0wuu•vuw.ue.WVM4v.Aa.MWnWVMM1WMxWMx..SW..VViAn nw.vW...WNAMJAWW.O(Y Taxpayer identification Number (T I Nm Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sale 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. Part [[ Social security number Employer ident ication number Certification • ••• rr .• W.,.vm.. ev_.nn.M.nnmwrvW. Y.W.Wleo,Www.......ww...n....A....._:.r_...WSW.. rt:mm'.wvxxnWM.A..MWmw... .W.....m.Sm..A_...,.• n M...........M_W..._...t...m..m..ee...:m.w,.WwWr.WW..WwwM..M.WWWW.._M.wW.MWw..WMMM.✓xN.MM..w.._mlwv.temn.WY.11m..MrvMwMW .. nM..W..a+M`.MANMNWHVMM.' Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. l am 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 from FATCA reporting is correct. 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 Here Signature of U.S. person lw 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 Ile General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about F C>rm W .9, at www.ngov/w9. Informati a about any future developments affecting F<xran W-9 (such as legislation enacted after we release it) be posted on that page. Purpose of Form A person who is regtired to tile an information return with the IRS must obtain your correct taxpayer identification number (IN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transaction; mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt., or contributions you made to an IRA, Use Form W -g only if you are a U.S. person (including a r ident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicµable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Sued), 2. Certify that you are not subject to backup withholding, or 3.. Claim exemption from backup withholding if you are a 11.8. exempt payee. If applicable, you are also certifying that as 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 ly connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from The FA CA reporting. is correct. Note. It you are a U.S. person and a requester gives you a term 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 cs U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States at Cadet the laws of the United States, • An estate (other than a toreign estate), oar • A domestic (rust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States am 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, if you are a US, 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 your share of partnership income, Cat. No. 10231X Form W-9 riev. 8-2013) BID REQUEST #B1900078 Page 23 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the day of , 20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title Attach valid Corporate Power of Attorney Form (Witness) BID REQUEST #B1900078 Page 24 Exhibit B 2019 BID SCHEDULE DESCRIPTION Portland Cement (Type I -II) (Low Alkali) (Est. 7,181 tons) WCR 29 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,813 tons WCR 28 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 279 tons WCR 13 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 871 tons WCR 6©.5 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 1,163 tons WCR 41 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 372 tons WCR 18 Project (see Appendix Al Delivery (Roundtrip for 25 ton load) 1,490 tons WCR 5 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 261 tons UNITS Ton UNIT PRICE $ I2S,as M e0 To -A lr11 r7 YS - Mile ;,-„Acs Mile qo 60 ,,,nt`r' Mile Public Works Department (see Appendix AZ Delivery (Roundtrip for 25 ton load) cff Est. 931 tons Mile Standby Time (Est. 20 hours) $ 1,19.41 61O5' $ $ _ Hour $ X30 Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. BID REQUEST #81900078 Page 18 Plant Location (List the address from where the cement will be delivered from) Location 1 Plant Name: civ<VN Nom(-. •N).,\ ` Physical Address: 9101,0 \zc Ci State: _ Say 6 Location 2 Plant Name: -e vvo Physical Address: "k,‘) -t - City, State: Co 6 'cD Please note below if Plant locations have limitations on availability or special requirements BID REQUEST #B1900078 Page 19 ACK o LED E E T OF BID DOCMENTS Bid Opening Checklist: AH of the fo wirmsa .`be.subrnitted wig.) „ u mi ta I t..Y s . i any of Mese documents will l ells Receipt of addenda(s), if any. Ei VW9 (page 23) n Anti -Collusion Affidavit. (page 22) ❑ Bid Schedule (pages 18=20) D Supply Bond (Page 24) he undersigned, by Ms or her si FIRM ualify Sys nature, heresy acn,.•'w'I dges and represents t at: 1. The bid pr poses herein meets all of the conditions, specifications and special provisions set forth in the rec uest for proposal for Request No. #B1900078. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local tax s. 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 Cornmissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 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 bids) may be awarded to more tan one vencor. BUSINESS ADDRESSS 6OOcrt MXMRMYN4NYPMW.2/M'rlNl111VIgrgM1MYM1NMMtW.M.q.N..1.4rq'.�1!l.Fr.OAY/ �M..X Ytl t4NYn4 .iNYNAN C. M.KWtIF � CITY, STATE, ZIP CODE TELEPHONE NO all:Th 2. annci waw PRINTED NAME AND TITLE SIGNATURE EMAIL DA E .wvawvu.0.41•W..> SOWCau.nrmea - .narn Y.se+steguwwmrtatmw armalrhwrrw4WHAWVW,WIWAwrnml.AR«.iaa.er.%+.matwiw \SAA\re^ OW Co ..1c629, (fP FAX 363 fli V\AccAc alip210tw. A TAX ID W1YNWb ii•WW.N **THE SUCCESSFUL BIDDER SHALL PROVIDE A VV -9 IF NOT ALREADY ON FILE Opileatit 'vi IS EXEMPT FROMFRO COLORADO S. ILES TAXES° THE CERTIFICATE OF EXEMPTION IS ! 8 03551-0000. you DO NOT NEED O SEND BACK PAGES -11 BID REQUEST #B1900078 ...“4•0,02.91,6105 Page 20 -‘,EVISION OF SECTIO 106 EUVERY Section 100 }f the Standard Specifications is hereby revised for this project as follows: ESCRI Delivery of the material shall conform to all federal, state, and local load requirements for highway transport loadings. Delivery shall include equipment and personnel necessary to transport bulk cement to the project site including the transfer of the bulk cement into Owner's cement spreader equipment which is capable of holding 25 tons when empty plus or minus 500 lbs. METH D F E? :SUREMENT Delivery shall be measured by the miles traveled for a round trip delivery from plant location to project site. Delivery shall be based upon an approximately 25 ton/truck transport. Delivery of more than 25 ton per load will require additional time to unload and payment for standby time may not apply. CANCELLATION l•3 F SC LED DELIVER' Normal contract mileage will be paid by Owner for scheduled deliveries if the delivery is not cancelled at least 2 hours before the scheduled time of delivery. If the load is cancelled at least 2 hours before the scheduled delivery no delivery charge will be paid by the Owner. The contractor will provide a contact number to Owner to cancel deliveries that is available at least 2.5 hours before the first scheduled delivery of that day, BASIS F PAYMENT Payment will be made at the contract unit price per mile_ Pay Item Delivery (Roundtrp) (Project) Est. tens (See Appendix A) The rj ', aind r f this pa Payne c\k re<70e4 Mile k. blank tem, UUy vrme\VeJ 7321 ycr BID REQUEST #B1900078 Page 1,1 REVISION OF SECTION 106 STANDBY TIME Section 100 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Standby Time shall for those hours beyond the first 1.5 hours from the requested or scheduled arrival time by the Owner to job site. METHOD OF MEASUREMENT Standby Time will be measured by the hour beyond the first 1.5 hours of requested or scheduled arrival to the job site. Arrival time shall be coordinated with the Owner and no standby time will be paid for if delivery is 15 minutes after the scheduled arrival time as requested by the Owner. BASIS OF PAYMENT Payment will be made at the contract unit price per hour or as agreed to on -site by the Contractor and Owner and shall include equipment and personnel. Pay Item Pay Unit Standby Time Hour 90 'ie5- ti. r The remainder of this page left blank intentionally BID REQUEST #61900078 Page 15 REVISION OF SECTION 701 PORTLAND CEMENT Section 700 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Portland Cement shall conform to the requirements of the following specifications for the type specified. MATERIALS Portland Cement shall comply with the latest specifications (ASTM C150 or AASHTO M85). METHOD OF MEASUREMENT Portland Cement will be measured by the ton. BASIS OF PAYMENT Payment will be made at the contract unit price per ton for the material delivered to the job site and incorporated into the work and verified by weigh tickets or as approved by the Owner. Pay Item Pay Unit Portland Cement (Type I -II) Ton Low Alkali The remainder of this page left blank intentionally BID REQUEST #B1900078 Page 16 COLORADO DEPARTMENT OF TRANSPO I ATtON NTICOLLUSI iii, I .' '4 FADAVIT :OM 04VAlieth,),,14% tailit: :141114 PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 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 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. 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 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. contraelors lirm orcotnpanyname GCC Rio Grande+ as,tarrntreggiaaspazneniannti conireaiors clam or oompany mane (it joint venni re )� Sworn to Store tiv this Notary turb6o 10th day of, NOTE: This document muss be signed in ink. By Date The ,,, t dres Osuna Dale 04/10/2019 dents Planning & Administration Vilaatig a a a A n onw—.n„`Jr,' • .."1.twe .a �saa�.•�+x nxt•-r^am: April 2019 EVA M. ZENDEJAS iBARRA Notary Public State of Colorado Notaryl0 020134056432 4 kls t //60.6 1102 BID REQUEST #61900078 Page 22 Form W-9 (Rev. December 2011) 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. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) GCC Rio Grande, Inc. Susiness nameldied ent#ty name, if different from above Check appropriate box for federal tax classification: Trust/estate I,Exempt III Individual/sole proprietor I♦ C Corporation MI S Corporation M Partnership M company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► MI Limited liability In payee ❑ Other (see Instructions) Address (number, street, and apt. or suite no.) PO Box 100 Requester's name and address (optional) Weld County 1150 O Street Greely, CO 80631 City, state, end Z code Teras, NM 87059 List account number(s) here (optional) w a ax e en cation Number Enter your TIN in the appropriate box. The TIN provided must match the name given on 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. cria Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person Social security number 8 5 0 4 2 2 4 5 2 Certification General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) 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), 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 as 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. Date► Note. If 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 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 withholding 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. Cat. No. 10231X Form W-9 (Rev. 12-2011) Form W-9 (Rev. Dacembor 2014) MHrntd Department Revenue Ilm Treasury Request for Taxpayer Identification Number and Certification shown on your iecconla tax rattan) Nanso is roaurrod on GCC Rio Grande, Inc do dad entity name, d dtttorant front auov Give Form to the requester. Do not send to the IRS, a Chock appropriate box for federal lax classification; check only one of lho folltnatng seven boxes Individual/solo proprietor or © C Corporation 0 S Corporation ❑ Rerinerehip 0 Trust/estate singio-member LLC ❑ Umllod liability company. Enter the tax classification (C.C corporation, S=S corporation, P, partnership) I. Nolo, Per a single -member LLC that le disregarded, do not check LLC; chock the appropriate box in the line above for the tax ctesellicatlon of the aingle•nrombor owner. Other f#tatrucitonti) ► 6 Address (hunk street, and opt. or sal PO Box 100 Lis T payer Wentiflo tlon Nuer tT N', Enter your TF: backup withholding. For #ndlvtduola, this #a l; nor fly y resident alien, sole proprietor, or disregarded entity, see entitles, It is your employer identification number (EIN). It you do TIN on page 3. Note. ff the account Is in more than one name. see the Instructions for 'trio 1 and the chart on page 4 for guidelines on whose number to enter. x. r(ty 8 6 yor Identification number _ o 4 2 2 4 5 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am welting for a number to be Issued to me); and 2. I cm 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 tt#n subject to backup withholding as a result of a failure to report all interest or dMdonds, or (c) the IRS has notified me that 1 am no longer subject to backup wlthholdell; and 3. I am a U.S. citizen or other U.S. person (donned below); and 4. The FATCA code(s) entered on this form (it any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest end dividends on your tax return. For rest estate transactions, item 2 does not apply. For mortgage Interest ntributions to an generally, paymentsition or other than andonment of secured interest nd dividends, youorty, cancellation DI are not required to sign the certification. but you mustual provideprovviide your ment acorrect TIN. See the instructions on pr re 3, J Sign Signature of Here U.S. parson tr.= General Instruct Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments effecting Form W-9 (such as legislation enacted alter we release It) Is et www.ks.govilW9. Purpose of Form An Individual or entity (Farm W-9 requester) whe Ia ed to roe an Information return with the, IRS muss obtain your correct taxpayer ntll(calion number (RN) which may bo your social security number iSSN), Individual taxpayer Identification number (111N), adoption taxpayer kiaMttleatlon number (ATINI or employer idengficatlon number (BM, to report on an information return the amount paid to you, or olior amount reportable on an fnformallon return. Examples of information fattens Include, but aro not limited to, the following: • Form 1090 -TNT (Interest earned or paid) • Form 1099•DIV (dividende, Including (hose from stocks or mutual lands) • Form 1009-MISC (various typos el Income, prizes, swards, or gross proceeds) • Form 1099-8 (stock or mutual fund soles end certaln other Irnnescttons by brokers) Form 1099-S (proceeds from real eatato transactions) • Form 1009-K (marchant card and third party network transnctiwts) Part II '#N tt 4 G Ir Exempt payee code (i1 any)._ Exemption from FATCA reporting code (if any) f ypNa. accaunis m•Maned o„ read. IM Um name and ad o avota However, for a 3. For other s How to gel a Deis ► f.1 as y Only to • Form 1098 (home mortgage Interest), I098 -E (student loan Interest), 1090-T (tuition) • Form 1009-C (oancelod debt) • Form 1009-A (acquisition or abandonment o1 secured property) Use F0/01 W-9 only If you are a U.S. person (Including n resident alien), to provide your correct TIN, if you do trot refute From W-9 fo tie requester with a RN, you aright be subject to backup wIllhakling. See What la backup wlhholk5lgF on page 2. By stoning the coed -out form, you: 1. Certify that the "RN you ore giving Is correct (or you are welting fore number to bo issued), 2. Certlly that you are not subject to backup withholding, or 3, Ocoee exemption from backup withholding II you we a U.S. exempt payee. II applicable, you we also certifying that as a U. , person, your allocable share of any pertnershtp Income (cafe a U,S, trade or business le not subject to the withholding tax en foreign partnere' share of effectively connected income, end 4, Certify that FATCA codas) entered on this form fg any) Indlceling Mitt you me exempt from lie MICA roper -tine, le correct, See Wharfs FATCA reporting? on sells 2 for further information. Cnt.No, 10231X Form W-9 (ace. 12-2014) pt K .iGVt+tiB �!:F'F�rAt3i9` ,:71•^^ =„,, 11GCfi. . /A%of?v'ufl!'rmar ""' •"w•• COLORADO DEPARTMENT OF TRANSPORT: TRANSPORTATION :!�I®FLLUSI_ FR VIA PROJECT NO LOCAT O LA0 c ; ?C30O St LA Sir C e v ,iar.-.,,. _ I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, If not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my turn. 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(a) nor the amount of this bid have been disclosed to any oilier firm or person who is a bidder or potential prime bidder on this project, end will not be so disclosed prior to bid opening, 20, 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, BA. 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, 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, noncompetlttve or other form of complementary bid on this project, 4, The bid of my gran 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 subrntt 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 sate 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 parson 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 etatements 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 OH FEDERAL LAWS, THAT TEE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE, ConUao4oro inn Orcomp ny cc avr O err c r at cot fiS�s"d rg §ter o3 QQompuly WWfl'r (1t cktt Ycnflt°n % Airl/MYsi� Sworn to before me this 23rd May ootn Lion eviroN (A w1YGYEt+�' `C� Li tar N TE: This document must be signed in Ink. BEM REQUEST #B1700054 Title BY '/-4 '4alA'41AYfNoliegi rct.Y day of, FfJorva,r 20 V7 MARY WAYLAN aw DUKE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 20144025051 MY COMMISSION EXPIRES JUNE, 2010 .tizoomal ice" +"tamm r COOT Rim nos 1152 MIal i.c^ ViSEigm1sP ' '�i]i c Page 21 a a 9 3 I . PL N T ACT B ' Bond No.: 107065270 GCC of America, Inc. 600 S Cherry St., 10th FL, Ste 1000 KNOW ALL MEN BY THESE PRESENTS, That, Glendale CO 80246 as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) Travelers Casualty and Surety Company of America �t ,One Tower Square; Band/5PB; Hartford, CT 061.3 s Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld oun as Oblige, (hereinafter called the Buyer), in the just and full sum o Nine Hundred Thousand and no/100 ($900,000.00') (here insert full name and address or legal title of the Buyer) Weld County Public Works, Road & Bridge Construction 1111 H Street, P.G. Box 758, Greeley, CO 80632 for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents, WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20, to furiish the following briefly described suppilepik Portia Cement for 2019l ich contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified, This includes any reasonable ant additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the 0t day of Aryl, . 2019 GCC of America..> (Principal) (Seal) Sergio Saenz - (Title) Cris₹opher Munoz (Witness) _lee Mitizto."zz F Afa i rs Travelers Casualty and Surety Company of America NIS (Surety) (Beal) (Witness) ≤"t TyleriAttorney-in„FAct g borate Power of Attorney Form Terri Morrison BID REQUEST #B1900078 Page 24 TRAVELERS J Travelers Casualty and Surety ompany of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lupe Tyler, of Houston, Texas, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN /WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. pe aT ,ereice; , r �r' a , ) Robert L Raney, Seiiror Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 was C. titiontatth Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED; that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance; or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. i, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 10th day of April 2019 (94:74 -yeast. -- Kevin E. Hughes, Assitent Secretary To verify ,the authenticity of this Power ©f Attorney, please call, .rs at 1--800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the h lad S which the power is attache, .4C o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office 5555 San Felipe Suite 1500 Houston TX 77056 USA INSURED GCC of America, Inc. 600 S. Cherry Street Suite 1000 Glendale CO 80246 USA COVERAGES CONTACT NAME: PHONE (866) 283-7122 (A/C. No. Ext): FAX Na): (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Ironshore Specialty Insurance Company 25445 INSURER B: Liberty Insurance Underwriters, Inc. 19917 INSURER C: American Guarantee & Liability Ins Co 26247 INSURER D: INSURER E: INSURER F: CERTIFICATE NUMBER: 570075975300 REVISION NUMBER: THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ABOVE FOR THE POLICY WITH RESPECT TO IS SUBJECT TO ALL Limits shown are PERIOD WHICH THIS THE TERMS, as requested limpr LTRINSD TYPE OF INSURANCE ADDL SUER WVD POLICY NUMBER POLICY MM/DD/YYYY EFF POLICY (MM/DD/YYYY EX? LIMITS C X COMMERCIAL GENERAL LIABILITY GL0967317510 09/01/201 9/01/2019 EACH OCCURRENCE $5,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) Excl uded PERSONAL & ADV INJURY $5,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY X PRO-LOC JECT PRODUCTS - COMP/OP AGG $5,000,000 OTHER: C AUTOMOBILE LIABILITY r BAP 9673174 10 09/01/2018 09/01/2019 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY ( Per person) OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED AUTOS NON -OWNED AUTOS ONLY (Per accident) ONLY B X UMBRELLA LIAB X OCCUR 100005937508 09/01/2018 09/01/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED RETENTION C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC967317310 09/01/2018 09/01/2019 x PER STATUTE OTH- ER Y / N ANY PROPRIETOR / PARTNER / EXECUTIVE N N / A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE EMPLOYEE $1,000,000 (Mandatory in NH) -EA If yes, describe under DESCRIPTION OF OPERATIONS below El_ DISEASE -POLICY LIMIT $1,000,000 A Env Site Liab 000668903 09/01/201709/01/2020 Each Incident Aggregate $5,000,000 $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, RE: 2019 Cement Renewal. Weld County Public of the General Liability, Automobile Liability Weld County Public Works in accordance with tie Liability and Workers' Compensation policies. Additional Remarks Schedule, may be attached Works is included as Additional and Umbrella Liability policy provisions of tie if more space is required) Insured in accordance aolicies. A Waiver of Subrogation General Liability, Automobile with the is granted Liability, policy provisions in favor of Umbrella CERTIFICATE HOLDER CANCELLATION 570075975300 Certificate No Weld County Public Works Road & Bridge Construction i 1111 H street PO Box 758 Greeley CO 80632 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE :-__ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I p AUTHORIZED REPRESENTATIVE t _ iSaa caLet ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE OF AWARD Bulk Portland Cement For 2019 To: David Gray GCC of America 600 S. Cherry St. Suite 1000 Glendale, CO 80246 Project Description: Bulk Portland Cement for 2019 You are hereby notified that your Bid/Proposal has been accepted in the amount of $99Q,018.25 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 15 day of April , 2019 Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by QccAmetviat.qh Dated this By: I (Contractor) Joshua Holbrook, Construction Inspection Supervisor if6 it/i day of /7'�il� l , 20 � l te �, � `Mt..�• `Title: k ��. rn �..t RESOLUTION RE: APPROVE EMERGENCY BID #61900078, BULK PORTLAND CEMENT FOR 2019 AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Emergency Bid Request #B1900078, Bulk Portland Cement for 2019, for the Department of Public Works, due to road construction schedules and the Department of Local Affairs' (DOLA) grant deadlines, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B1900078, Bulk Portland Cement for 2019, for the Department of Public Works, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from GCC of America, in the amount of $990,018.25, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, CO ORADO ATTEST: ddriciA) •. e,14D.L Weld County Clerk to the Board County torney Date of signature: 1+25-19 arbara Kirkmeyer Chair Mike Freeman, Pro -Tern tt . James rte_ Steve Moreno 2019-1454 PO0022 EG0076 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley CO 80631 E-mail: cmpeters@weldgov.com E-mail: rturfPweldgov.com E-mail: reverett@weldgov.com Phone: (970) 400-4223, 4216 or 4222 DATE OF BID: APRIL 10, 2019 REQUEST FOR: BULK PORTLAND CEMENT FOR 2019 DEPARTMENT: PUBLIC WORKS BID NO: #B1900078 PRESENT DATE: APRIL 15, 2019 - EMERGENCY APPROVAL VENDOR CEMEX 5134 UTE HIGHWAY LONGMONT, MO NT, CO 80503 GCC OF AMERICA 600 S. CHERRY ST., STE. 1000 GLENDALE, CO 80246 TOTAL PER TON $13 /TON $125o25/T` , N Public Works will review the bids. Costs were submitted for delivery from the plant to project site and will be included on their bid tabulation. 4( 2019-1454 • MEMORANDU TO: Jay McDonald, Director of Public Works FROM: Jos a Holo ok, Public Works Department SUBJECT: Bulk Portland Ceme n. for 2019, No. B DATE: April 10, 2019 900078 Bids were received and opened on April 10, 2019 for the purchase of 3ullk Portland Cement materials for the 2019 construction season. Two bids were received, and the total amounts ranged from $990,018.25 to $1,053,70 .14 with the owest bid submitted by GCC of America located in Glendale, Colorado. lelow is a table showing a summary of the cement and delivery charges for each project in 2019. 2019 Bulk Cement Bid Tabulation (5190007B) Distance to rtes from plants from bids submitted from Cemex, and C- CC 411 C `man; is Type I Site WCR 29 from SFl 114 2c' rd. S-1.5Project Cement i$/Tosr) Quantity 25 Tons/Trip Typo Ill Total Material Rndtripa Rqd Rndtrip Miles Total mnes S/faPMlle Delivery Total Total Project $ per Ton/Delivered (For information only) trink 513S.00 1 813 5244 155.u0 1? ,.3.: ' %"!;r 53.35 $26 T23.b,2 :y27'i •17 .,62 5149,74 GCC $125,25 1.813 $227,078 25 73 130 9,428 53.27 530,828,25 S257,9;.:i.' i „►142,75 Project Site WCR 28 from rd, 39 to rd. 41 Cerrnent (S/Ton) Quantity 25 Tone rip Type I -II Type I-ll Total Matoriol Rndtrips R•;.: Rn&trip Mlles Total Mil -.• $ Milo Delivery Total Total Project $ per Ten/Deliver ea (For information - onlvl Corn r; - $135,00 279 $3.7,665.00 11 70 781 $3.73 S2 913.88 $40 57888 $145.44 ( GCC $125.25 239 .. 534,911.7 11 7 7 •4 r i S3.65 52,606.98 S37,51;1473 5134.59; Project Site,' WCR 13 from gel 66 to rd. Csmart ($ Ton Quantity 29 Tons/TrIp Type NI T al-li 1 Total MVl at arial Rndtripa Rcod Rn&rip Mules Total Mikes $/Rilile Delivery Total Total Project S per Ton/Delivered infrtm.3tion,ssi (For Cornvi $13`>AQ1 871 ',5 36 1,254 53,73 54,678.32 S122 26332 $140.37 . R J GCC 5125.25 871 $109,092.75 35 2,787 $9,114.14 $118,206.8•91 $135,71` Project Site ' ' CR 60.5 from rd47 to rd. 51.5 Cement I$ Ton) Quantit 25 Tons/Trip Type HI Type Ill Total Material Rncitrfps Rid Rroo rip iblilea Total Miles S/Mlle Delivery Total Total Project $ per Ton/Delivered (For infoormationonl cernex 5135.00 1 163 $157,005_ 'r0 47 e? *380 53.35 514 337.46 S171.342 46 S147 33� • GCC $125.2`' 1,163 $145,665.75 47 90 4,181 53.27 S13;690.84 5159,356.59 5137,02 Project Site WCR 41 from rd. 26 to rd. 20 Cement ($/Ton Quentit 25 Tong 'Trip Type I•II T I -II Total Material Rndtrips R • . Rrb±rip Milos Total Mil c;) I $/MJJe DdivaryTotal Total Project $ perTc-'n/Delivered information only (For Carlos $v1:111.00 et;7A $50 az0.tfrt I r.;? r� t..;r: _- $ ; 57,,rj'; � ,- S5 94:74-:.:,„ ..t. GCC :".;7i - f'.'( 95.0 l S3,65 Cs., mil,-, ,-,,cill , �' yr° 7 ,5 Project Site - - . -. WCR la from rd. 33 to rd. 57 Gent ($ Tor' Quantity 25 Tone rip T • a l-il Total Mat oriel Rndtrips Rod Rrodkrip Mao Total Mfl S/Mile Delivery Total Total Project $ per Ton/Delivered (For ini'artiati n col ' Cc rnen $135.00 1 490 5201,150.00 60 66 f, 53.73 S14 672.33 5215.82233 S144 -,P5 GCC 51 <≤; " .:..S10 149? Sl.94 1.22.5-'1 r .; 50 877►.r.'� 5 `- s7,A99.5rJ Project Site WCR 5 from rd. 40.5 to hr. 5 42A -� Com int {S Ton) Quantity 25 Toth •Tri iiypm I-iI Typal I•ii Total Mat oriel Rndtrips R Rnctrip Mules Total Mlles -$,/MllIt Delivery Tato! Tot©I ProJeC $ per Ton/Delivered (For inkern46on coil Ce,rnaFi i1'•`,,.:,t: 261 5535 235OO 10 ?4 -r- :;�:, i . $1 324,1,) a t;+ r�` .' O f S]4 i407 GCC. 5125.25 261 532,690,25 10 94 981 # 53 27 53,209.05 $35,89930 S137.55 Project Site — Weld Count Public Wc-rks D •sttmcnt Cement ($ Two) Quantity 25 Tons /Trip Ty.eHi Ty el -U Total Material _ Rncltrip) l ttti Rnckdp Miles Total Mlles S fdvlfo Delivery Total Total Project $ per Ton/Delivered (For tact Eli Won s.:-rtt9) Daman 5135.00 931 5125,685,00 37 92 5 53:3_ 51.1.,4/1.3/ 51.37,162.37 S1a1.33 - GCC r $125.25 931 5116,6077775 37 102 $3.27 $12,421.03 5129,028.78 5138.591 Standby Nine estimatedi Standbyhours Cost • : hour Total Corot Cam a): 50 S90.00 54 500.00 GCC 50 590.00 S4 500,00 Cortex Total $1,013,701.14 GCC Tote! $ ,O 82y OM aGool Cn The low bid is within the 2019 estimated budget for Bulk Cement; therefore, it is my recommendation to award the project to GCC of America for a total amount of $990,018.25. Work is expected t000egiTron..Apri1 16, 2019 and last the remainder of the construction season. I agree with recommendation pc: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director Elizabeth Relford, Deputy Director Duane Naibauer, Road and Bridge Construction Supervisor Don Dunker, County Engineer Mona Weidenkeller, Office Tech IV 2019 Bulk Cement Bid Tabulation (B1900078) Distance to sites from plants from bids submitted from Cemex, and GCC All Cement is Type I -II Project Site WCR 29 from SH 14 to rd. 94.5 Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 1,813 $244,755.00 73 110 7,977 $3.35 $26,723.62 $271,478.62 $149.74 GCC $125.25 1,813 $227,078.25 73 130 9,428 $3.27 $30,828.25 $257,906.50 $142.25 Project Site WCR 28 from rd. 39 to rd. 41 Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 279 $37,665.00 11 70 781 $3.73 $2,913.88 $40,578.88 $145.44 GCC $125.25 279 $34,944.75 11 64 714 $3.65 $2,606.98 $37,551.73 $134.59 Project Site WCR 13 from SH 66 to rd. 34 Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 871 $117,585.00 35 36 1,254 $3.73 $4,678.32 $122,263.32 $140.37 GCC $125.25 871 $109,092.75 35 80 2,787 $3.27 $9,114.14 $118,206.89 $135.71 Project Site WCR 60.5 from rd. 47 to rd. 51.5 Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 1,163 $157,005.00 47 92 4,280 $3.35 $14,337.46 $171,342.46 $147.33 GCC $125.25 1,163 $145,665.75 47 90 4,187 $3.27 $13,690.84 $159,356.59 $137.02 Project Site WCR 41 from rd. 26 to rd. 28 Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 372 $50,220.00 15 68 1,012 $3.73 $3,774.16 $53,994.16 $145.15 GCC $125.25 372 $46,593.00 15 64 952 $3.65 $3,475.97 $50,068.97 $134.59 Project Site WCR 18 from rd. 33 to rd. 37 Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 1,490 $201,150.00 60 66 3,934 $3.73 $14,672.33 $215,822.33 $144.85 GCC $125.25 1,490 $186,622.50 60 50 2,980 $3.65 it $10,877.00 $197,499.50 $132.55 Project Site WCR 5 from rd. 40.5 to br. 5/42A Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type 0-00 Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 261 $35,235.00 10 34 355 $3.73 $1,324.00 $36,559.00 $140.07 GCC $125.25 261 $32,690.25 10 94 981 $3.27 $3,209.05 $35,899.30 $137.55 Project Site Weld County Public Works Department Cement ($/Ton) Quantity 25 Tons/Trip Type I -II Type I -II Total Material Rndtrips Rqd Rndtrip Miles Total Miles $/Mile Delivery Total Total Project $ per Ton/Delivered (For information only) Cemex $135.00 931 $125,685.00 37 92 3,426 $3.35 $11,477.37 $137,162.37 $147.33 GCC $125.25 931 $116,607.75 37 102 3,798 $3.27 $12,421,03 $129,028.78 $138.59 Standby Time (Estimated) Standby hours Cost per hour Total Cost Cemex 50 $90.00 $4,500.00 GCC 50 $90.00 $4,500.00 Cemex Total $1,053,701.14 GCC Total $990,018.25 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Josh Holbrook Sent: Thursday, April 11, 2019 10:58 AM To: Christie Peters <cmpeters@weldgov.com> Subject: RE: 2019 bulk cement bid tabulation and recommendation of vendor memo Christie, Below is the reason for the emergency approval for the bulk cement supply from Duane. Josh to keep our road construction on schedule and complete our DOLA grants on time we need to continue with the next process which is CTB and FDR. The sub grade work on CR18 from Patrick to CR37 is going to be complete to 2 to 3 days for this 2 mile section. CR37 from CR18 to CR22 is also a 2 mile section that is in need of repair as soon as possible and is ready for FDR. All equipment is on site for these four miles. Thanks Joshua Holbrook Construction Inspection Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 tel: 970.304.6496 Cell: 970.301.2622 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Christie Peters Sent: Thursday, April 11, 2019 8:49 AM To: Josh Holbrook <jholbrook@weldgov.com> Subject: FW: 2019 bulk cement bid tabulation and recommendation of vendor memo Josh, 2 Hello