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Home My WebLink About20170632.tiff-974011 .4, BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Bulk Cement Contract Extension/Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS PERSON REQUESTING: Joshua Holbrook, Weld County Public Works DATE: 2.22.2018 Brief description of the problem/issue: The 2017 Agreement for the Bulk Cement Contract with GCC of America may be extended from April 1, 2018, to March 31, 2019, as permitted by the contract. This extension would be the second year of a possible three- year term limit. The contract also allows for yearly rate adjustments based upon the current Engineering New -- Record (E1\R) for Type One Portland Cement, which was a 2.5% increase from January 2017 to January 2018. GCC of America did request an increase of 2.5%. The bulk cement budget for 2018 is $1,071,000.00, and the GCC of America contract price for 2018 is $831,690.88. GCC of America was awarded this contract in 2017 as the low bid contractor, and the department has been satisfied with their product. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may request a work session to discuss this further. Recommendation to the Board: Staff recommend approval of the contract extension/renewal to GCC of America for the Bulk Cement Contract. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair cc: Jay McDonald Curtis Hall Elizabeth Relford Duane Naibauer Mona Weidenkeller Attachments: 2018 Contract Agreement Extension/Renewal 2018 Bid Schedule 2017 vs. 2018 cost comparison. 2018 total cost summary Approve Schedule Recommendation Work Session L mac" M:\BRIDGE CONTRACTS\Cement Stabilization12018 Cement Contract RenewalkRenewal Docs\WorkSession Work Sess. Request) docx (3j02/ --/I zg2Jgt Comments 02")/7- iozac3oL 6&0b7* CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND GCC OF AMERICA This Agreement Extension/Renewal ("Renewal"), made and entered into 1 day of April, 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and GCC of America, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on April 1, 2017 (the "Original Agreement"), identified as document B#:700054/ 2017-0632. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Agreement will end on March 31, 2018. a The parties agree to extend the Agreement for an additional one-year period, which will begin April 1, 2018, and will end on March 31, 2019. The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract 2. The 2017 Bid Schedule of the contact shall be replaced by the attached 2018 Bid Schedule, which is incorporated herein. 3, The 2018 Bid Schedule rates shall begin on April 1, 2018. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. VENDOR: r E • Primed Name f,, Signatue ATTEST: BY: se"nvilu 0 LIP pry' { j' Sl i� T jv?I� ,f Jr .. O'✓'!Rj�ltJ-�a:2w.�>r;;Y� d �f .,ytnl o the Board Deputy CI s.r' to the Board 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO teve Moreno, Chair AR 12 20th go i7- O30L 2018.qm SCHEDULE Bulk Portland Cement 2018 Renewal DESCRIPTION Portland Cement (Type I -II) (Low Alkali) Delivery (<70 mi. Roundtrip) Est 3,010 tons Delivery (>70 mi. Roundtrip) Est. 6,070 tons UNITS Ul T PRICE Ton Mile Mile Standby Time 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. Plant Location (List the address from where the cement will be delivered from) Location 1 Plant Name: Physical Address:. City, State:_ L Location 2 Plant Name: CO ',I \ Q.)1/4 vv.\ \,...;\ 010 ‘.41 tirt ack rowsue;q0 Ph i° ical Address: 22 _ , rt.) City, ate: c&U'r CO azeJs.t Please note below if Plant locations have limitations on availability or special requirements SIGNATURES: Dated this FIRM NAME:� BY: \m -c.6 20 g Pei. t fit. BIDDER'S LEGAL SIGNATURE: ( :Q STATE OF INCORPORATION: ADDRESS: Chatrry • t 3a 3 r 5'1 51 a TITLE: e I TELEPHONE NO: BID NO # B1790054 / 2018 Renewal FAX NO: O Piti a 8 42 1 303 39, r 5cL1CJ Page 1 APPENDEX E . WELD COUNTY 2018 CEMENT LOCATION MAP SITES: ESTIMATED TONS of CEMENT: TCR13 fr. SD6 toCR34(F R.) 870 WCR 18 In CR 33 to CR 37 1,050 VCR 18 fr. CR 53 to CR 57.5 (FOR) 1,090 WCR 39 fr. CR 72 to CR 74 (FDR) 440 WCR 67 fr. CR 63 to SH 392 870 WCR 90 fr. CR 45.5 to CR 57 (FDR) 2,400 %VCR 105 fr. SII 14 to CR 390 1,490 C reel ey 870 TOTAL: 9,080Tons 90 I t I )3 I I 1 t t a I 'VCR 13fr. S1 66 t© CR 34 0 2.75 5,5 I 1 4 1 1 1 t I in e: 5 IrtDal Legend Greeley VCR 13 fr. SH 66 to CR 34 =snots WCR 18 fr. CR 53 to CR 57.5 » WCR. 39 ft. CR 72 to CR 74 1 I I i- — **,*�*,- .. i- .,. t I I 4 1 1 1 1 t 1 1 1 eiciack- a z2 • I I I I 1 I I I I I 1 1 1 I 1 I I 1 I d — —d I t I a I . ewe -aka_ I I I —f I t 1 1 - s I —..—F— t r I I I r.,p...,x.a�„v I I I I I I I • I I I I I >r- 7 II _ - 4- • I I I I II I I: I a I 1' I . — TOW I t ..a 3. 70 j60 d 1 1 .:J fir 0 4 U ! I t —i I till 1 1 i I I —, I I i I I i I I 1 1 I M. a rem' 11 Miles 3 1 1 a I �,..� r _ late .. I I t I i t 1 e _ _ - s — +\ 1 1 1 t I I 1 L... 'VCR 90 fr. CR 415 to CR 57 I a I 1 '21 .y a i 1 I ti a I 439z 1 t 1 P. 1.- 1 " t"' a I II I 4 r,r _ ..,. t I 1 I I I I I I 1 I I 1 1 I t 1 a 1 t e I t I I I 1 t • a I eel. awe a eee• JVCR _10L�? fr, SM 74 Ira CR 390 4 — a a I • 1 I I I I I 1 i CR I$fr. CR .53 to CR 57.J ne — .I.-- ... — .•.r-, I s S 1 I a t t t_ 1 1 e t I a 1—--- I —1 a I (7 �3 1 _a I I I IG ♦ I I �M...r....4_L—.1-e4 --i.-. t I t a I 1 I 1 t+a I— I I -I I Weld County PW 1111 H St. Greeley. co Boni 970-3044497 V ICR 90 fr. CR 45.5 to CR 57 Other _~ ..— Municipal. Paved % CR. 18 fr. CR 3310 CR.37 -r.y ,.. Highway ... Munidipal, Gravel WCR 67 fr. CR 68 to $H.392 Paved Lam CountyBaundary \NCR 105 Er, SW 14 to CR 3SO Gravel a .. a _ 2017 vs. 2018 Cost 2017 cost 2018 cost Item Item Description Unit Unit Cost Unit Unit Cost % increase 1 Portland Cement (Type I -II) Ton $ 119.19 Ton $ 122.19 2.5% 2 Delivery (less than 70 mi. Roundtrip) Mile $ 3.56 Mile $ 3.65 2.5% 3 Delivery (Greater Than 70 mi. Roundtrip) Mile $ 3.19 Mile $ 3.27 2.5% 4 Standby Time (After 1.5 hrs) Hour $ 90.00 Hour $ 90.00 0.0% Engineering News and record for the cost index for Denver Portland Cement (Type l). Increase will be based on the percentage change from year to year. 2017 cost $121.76 and 2018 cost 124.82 per ton. Jan 2017 to Jan 2018 ENR = 2.5 % Bulk Cement Bid Tabulation (B1700054) 2018 renewal Distance to sites from plants from 2018 bid submitted from GCC All Cement is Type I -II Project Site WCR 67 from rd. 68 to Hwy 392 Cement ($/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) GCC $122.19 870 $106,305.30 35 126 4,385 $3.27 $14,338.30 $120,643.60 $138.67 Project Site WCR 18 from rd. 53 to rd. 57.5 Cement ($/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) GCC $122.19 1,090 $133,187.10 44 56 2,442 $3.65 $8,911.84 $142,098.94 $130.37 Project Site WCR 13 from Hwy 66 to rd. 34 Cement ($/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) GCC $122.19, 870 $106,305.30 35 68 2,366 $3.65 $8,637.36 $114,942.66 $132.12 Project Site WCR 90 from rd. 45.5 to rd. 57 Cement ($/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) GCC $122.19 2400 $293,256.00 96 130 12,480 $3.27 $40,809.60 $334,065.60 $139.19 Project Site WCR 105 from SH 14 to rd. 390 Cement ($/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) GCC $122.19 1490 $182,063.10 60 170 10,132 $3.27 $33,131.64 $215,194.74 $144.43 Project Site WCR 18 from rd. 33 to rd. 37 Cement ($/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) GCC $122.19 1050 $128,299.50 42 46 1,932 $3.65 $7,051.80 $135,351.30 $128.91 Project Site WCR 39 from rd. 72 to rd. 74 Cement ($/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) GCC $122.19 440 $53,763.60 18 112 1,971 $3.27 $6,445.82 $60,209.42 $136.84 Project Site Weld County Public Works (Misc. projects) Cement ($/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) GCC $122.19 870 $106,305.30 35 104 3,619 $3.27 $11,834.78 $118,140.08 $135.79 Standby Time Standby hours Cost per hour Total Cost GCC 20 $90.00 $1,800.00 GCC total PO $831,690.88 (awl tet I b * 1124 WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & GCC OF AMERICA. NC, THIS AGREEMENT is made and entered into this 151 day of April, 2017, 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, who whose address is 600 South Cherry Street, Suite 6000, 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; 2 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. BB 1700054". 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 "Manage?'), 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 be 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 (*GCC Pic Atborn TT) Li; denuent s& ,/ I 7—06.3ez 4-17-.ta17 result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 7 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 $959,217.73, 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 expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 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 ��Y► GCC �� Fit Ai. insurance in the amounts required by law (and as set forth in Exhibit B provide proof thereof when requested to do so by County. S. 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 all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and frcc 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 arc 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 ��7CC 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 'battle County will be notified ofanyreduction, lessss ornadificatknkrcoverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor CO GCC LE/4 or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors,subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: GCC of America, Inc Attn.: David Gray Address: 600 South Cherry Street, Suite 1000, Glendale, CO 80246 E-mail: dgray@gcc.com Phone:1.303.739.5913 County: Name: Joshua J. Holbrook Position: Weld County Inspection Supervisor Address: 1111 H Street, Greeley, CO 80632 E-mail: jholbrook@weldgov.com Phone: 1.970301.2622 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 performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 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 §§24-10-10l 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 null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 29. Attorneys Tees/Le¢al Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extrajudicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 5th day of April , 2017. CONTRACTOR: Date Aprll 5.2017 WELD COUNTY: �( ATTEST. digararla�• Weld •o Cler B JELAI BOARD OF COUNTY COMMISSIONERS WELD CO j. , COLO' :. Ir O Deputy CI', to the: uIeA. 1 7 2017 GCS": El" O2V /7- 0G3L EXHIBIT A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE BULK PORTLAND CEMENT FOR 2017 (with options for 2018/2019) February 2017 for Weld County Public Works Road & Bridge Construction 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 BID REQUEST #B1700054 Page 1 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 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 4-8 Insurance Requirements 8-10 Project Information 11 Project Special Provisions Index 11 Project Special Provisions 12-15 Weld County Contact 16 Terms and Conditions 16 Bid Schedule 17-19 Acknowledgement of Bid Documents 19 Anti -collision Affidavit 21 IRS Form W-9 22 APPENDICES Appendix A — Project Location Map 20 BID REQUEST #B1700054 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JANUARY 30, 2017 BID NUMBER: 81700054 DESCRIPTION: 2017 BULK PORTLAND CEMENT DEPARTMENT: PUBLIC WORKS MANDATORY PRE -BID CONFERENCE DATE: NIA BID OPENING DATE: FEBRUARY 28, 2017 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, 'Weld County"), wishes to purchase the following: Bulk Portland Cement (with possible two, one-year renewals) . Bids wi 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: 10A0m Febivav28.2017 (Weld County Purchasing Time Clock/, PAGES 1 - 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PG 11. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information conceming this request at two locations: On the Weld County Purchasing website at httD:llmws.co.weld.co.uSIDeDarbuents/Purchasinofindex.html 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. Did Delivery to Weld County — 3 methods: 1. Email. Emalled bids are preferred. Bids may be emailed to: bid 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. BID REQUEST #B1700054 Page 3 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 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, 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 Director of General Services 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 Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of BID REQUEST #81700054 Page 4 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 C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public BID REQUEST #81700054 Page 5 entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq.,the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL', staff will attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. 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. 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. BID REQUEST #B1700054 Page 6 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. 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. BID REQUEST #B1700054 Page 7 P. 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. Q. 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. R. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in 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. S. 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. T. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. U. 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. V. 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. W. 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 Reauirements: 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 BID REQUEST #B1700054 Page 8 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 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 Successful bidder. Successful bidder shall be responsible forthe 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 coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The 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: BID REQUEST#B1700054 Page 9 Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein 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 Subronation: 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 coverage's 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 #81700054 Page 10 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 2017 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 390 from rd. 110.5 to rd. 118 2) WCR 44 from US 85 to rd. 39 3) WCR 39 from rd. 38 to rd. 44 4) WCR 13 from rd. 34 to rd. 38 5) 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 2017 construction year. Public Works estimates the total volume required will be between 7,000-8,000 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 2011 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 (February 2017) Revision of Section 101 - Definition of Terms (February 2017) Revision of Section 106 — Delivery (February 2017) Revision of Section 106 — Standby Time (February 2017) Revision of Section 701 — Portland Cement (February 2017) Page 12 13 14 15 16 BID REQUEST M31700054 Page 11 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 — Definition and Terms is hereby revised for this project as follows: Subsection 101.27 Department delete first sentence and replace with Weld County Department of Public Works. A department within the Government of Weld County Colorado Subsection101.28 Replace Chief Engineer of the Department with Director of Weld County Public Works Department Subsection101.36 Laboratory — replace Department with Weld County Subsection 101.54 Replace Regional Transportation Director with Director of Weld County Public Works Department Subsection101.70 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#81700054 Page 12 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 Owners 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 Pay Unit Delivery (Roundtrip) (Project) Est. tons (See Appendix A) Mile The remainder of this page left blank intentionally BID REQUEST #B1700054 Page 13 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 left blank intentionally BID REQUEST #B1700054 Page 14 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#81700054 Page 15 Weld County Contact: Questions related to the project and procedures should be directed to: Joshua J. Holbrook — Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3743 jholbrook@wweldgov.com Terms and Conditions: All vendors will be required to sign Weld County's Materials Agreement. The Agreement shall commence approximately March 2017 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. BID REQUEST #61700054 Page 16 2017 BID SCHEDULE DESCRIPTION UNITS UNIT PRICE Portland Cement (Type I -II) (Low Alkali) (Est. 7,219 tons) Ton $ CR 390 Protect (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 2,590 tons CR 44 Prolect (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 1,258 tons CR 39 Project (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 1,304 tons CR 13 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 869 tons Mile $ _ Public Works Department (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 1,198 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 #B1700054 Page 17 Plant Location (List the address from where the cement will be delivered from) Location 1 Plant Name: Physical Address: City, State: Location 2 Plant Name: Physical Address: City, State: Please note below if Plant locations have limitations on availability or special requirements BID REQUEST #81700054 Page 18 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. o Receipt of addenda(s), if any. ❑ W-9 (page 23) o Anti -Collusion Affidavit. (page 22) ❑ Bid Schedule (pages 18-20) The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81700054. 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 COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11. BID REQUEST #61700054 Page 19 APPENDIX A WELD COUNTY 2017 CEMENT LOCATION MAP T -At I , t i 1 r L - ,_I --T-•_ ; 4 1 I I , --� I-1 I I I I-1----I--1-L---� - r.. -4- o L --r-- T- 1 1 1 1 � _ ' l WCR 390 from CR 110.5 to CR 118 I I---, i --(-i 1 --I Ir I I I -.1 I I r •+.---.-1 I --r-r---a-- i I., a i 1 -J--J I I I I 1- T1 -I -I -I -1 -I -l."1 i -- + 1 - I-• 1 r1 I 1 '{s5 I I , I I rTJ , T y_I I I I -I-I i--- _1-LJ_I L I I 4bld County Pu68c Works -I- • WCR 44from US85toCR39] (I WCR 13 from CR 34 to CR 38 T 4- I WCR 39 from CR 38 to CR 44) SITE WCR 390 from CR 110 5 to CR 118 WCR 44 from US 85 to CR 39 WCR 39 from CR 38 to CR 44 WCR 13 from CR 34 to CR 38 WELD COUNTY PUBLIC WORKS EST. TONS OF CEMENT 2,590 1,258 1,304 889 1,198 TOTAL: 7,219 ti 0 3.75 7.5 --I -.-- r -I 1 1 , I ,, 1 I I _ I 1 1 I I I 1 1 1 V_ I I I • 1 1 -r-I-y--Ti- -T_ I I I I r Legend Weld County Public Works Other Highway - Paved - - - Gravel Municipal, Paved Municipal, Gravel Weld County PW 1111 H St. Greeley, CO 80631 970-304-6497 15 Miles II BID REQUEST OB1700054 Page 20 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT RsaecrNo 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 Oki 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. 2k 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 a potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to soaca, cause or induce any arm 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, a any intentionally high or non- competitive bid or Other torn 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, communicalbn, 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 frateniais or services from any firm or person, or offered, promised or pad 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. S. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in bid, consideration for my amts submitting any intentionally high, agreeing or promising to do so. on this project noncompetitive or other form of complementary or 7. !have made a diligent inquiry of at members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission d ny firm's di on this project and have been advised by each of than 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 cry firm understands that any misstatement in tins 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. CIonfl4V$ AA, or company m,M By Dee The 2nd mnIr cat in a, oompny nave al pant wale) By Out TN Sworn to before me this day of, 20 Noway RUA0 My oommiwon wine NOTE: This document must be signed In Ink. COOT Ism ism 1/02 BID REQUEST #B1700054 Page 21 Fam (Ftee.August Depertment t*SA W-9 20 ) Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not and to the IRS. el s aSTwomeySrike tr e b I elf MIIIIIINM Pb,,. ha !loan an give Scans tat mien Business name/disregarded eddy • t rrdlgen( teem above Crack apprPadate bale War al tax deeaifcabar ❑ ntvidayade cicpsta O C Corporation O S CopaaRaa O Partnership ❑ O united WPM company. Emir the tax classification =C corporation, �8 corporation, P=Paneoh"q)► Q one p«..nateq► Trutt/estate Exemptions Exempt payee Exemption age it amt hes irstraliara): de ll tan FATCA re torn reporting Address flarmbar. Meet, as apt a mare nil Requester is name aid address (moony CAN. state, and 21' code Lit socanUaarberp)llm kerbs* Enter your TIN n the appropriate box. The TIN provided must match the rune given of the "Name" line to avoid backup w5bd3g. Pa kdh4dWe, this h your sodal eac'uiry number (SSN). However, for a resident aisn, ode proprietor, a desgrded may, see the Part I Instructions at papa 3. For other entities. it Is your employer Weaacalian number (En)1, II you do not have a amber, see How to get• TIN an page 3. 5 Note. Sew account is In more then one name, see the chart m page 4 for gddeln ee on whose cumber to ear. I Said wager roar rapleyerkle WGatesnearer Certification Under pestles of perjury, I certify that: 1. The number shown on this lam is my caTect taxpayer identification number (oil am waiting tarantellas to be hoed to me), and 2. lam not subject to backup withholding because: (e) l am exempt tan backup w(tlMdng, a gy I have not berm notified by the Internet Revenue Service (Iris) that I am object tobackup indenting as a result d a din to repot a1 Inhibit a dieldnda, a (c) the IRS has notified me Mall am no longer subject to bedap witthddng, and 3. 1 am a US. citizen a other U.S. pineal (darned below), rid 4. The FATCA codes) entered an tie form tit sew) ndcatag that I on exempt from FATCA reporting is correct. Certification instructions. You must aces as item 2 above If you have been notified by the (PS that you we amenity subject to backup Withholding because you have failed to report all Interest and dividends an your tat ream. For real estate tractions, Item 2 don not apply. For mortgage Interest paid. ecgdtlton or abandonment of secured prepay, c ecetallan of debt, contributions to en kidNa eel retirement atrgement OWy, and generally, payments other ten helmet and dlvIdexer, you are not rewired to alga the arttcetm, but you must probe your corned TIN. See the instructions on page 3. fen Hun Slate el us perianth Data la General Instructions Semen references am to the Memel Revenue Cods attests oaawiee noted. Fusee 6wrripow ear. The RS has created a page on Mow for information about Fam W-9, at www.rsgoviwg. damnation about cry ken developments abeam Form W-0 gum a legislation enacted after we release i8 will be parted mihetpess. Purpose of Form A person who s regsred to teen information return with Ow IRS mat obtain your correct taxpayer idenacarm ranter (Rt to report, for example, income paid to you, Payment made to you in settlement it peymM Mg and Said Wry network baw•Qbns, real estate transactions, mortgage Merest you paid, eapAd , a Wadanamt or seared property, cancellation of debt, or contributions you made to an RA Use Form W-0 only If you area U.B. parson engirding a resident gen), to provide yes correct TN to the person requesting it lie requester) and. when applicable, to: 1. Cady tat She TN you we giving is mined (a you are wading is a nimbi* to be issued), 2. Cagy tat you are not subject to backs; wilMdmi g, a 3. Claim exemption from bloomy tmddng if you me aU.S. exempt payee It appanage, you are also oflirg tat e a U.& person, year allocable share et any partnership income kern a U.S. bade a business is not abject to the wNbldng Dec m foreign partners' share of effects* mawcted income, aid 4. Catty that FATCA code(*) entered en ab form ft art idcei g lM you are scamps Iran the FATCA rivaling, is correct. Note. If you are a US. person end a requester give pinker other tan Font) W -a to request your TN, you met use the requester's lam if it is sbetani ly saner tots Form W-9. bantam ef e U.S. pent For federal In pupae, you am considered a U.S paean it you am: • M i'dwtdal etc is e US. Aeon a US. resident alien e Apatestt, corporation. cannons. a association created a organized 'n be United Slats a urea the lame of the United Stela, • An Ma (other than a foreign estate). a • A demotic tut be darned in Regulations seam 301.7701-1)). Spool notes for Pat eratje. Partnerships that conduct a trade or business in the United States are ge neraly required to pay a wletdrg tax under section INS m n foreign partners' share of slsdiwy Connected taxable iacane ham sum business Fade, in certain can where • Fam W-0 ha not been received, le rube rider “dial 1448 agars a i'p to presume the a peter is a foreign parson, a pay the secBvi INS afiofl g tax. Therefore, if you are a U.S. person list is a partner' in a partnership conducing a Rade a bu enure n the Used State, provide Fam W-9 to to pernershp to aelNsh yar U.B. status and avoid section 1446 withholding m you Mae dpatmeMp income. Cat. No. 1C231X Farm W-I)(Rev. 5.2013) BID REQUEST #B1700054 Page 22 EXHIBIT B 2017 BID SCHEDULE DESCRIPTION Portland Cement (Type I -II) (Low Alkali) (Est. 7,219 tons) CR 390 Protect (see Appendix AL Delivery (Roundtrip for 25 ton load) Est. 2,590 tons CR 44 Protect (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 1,258 tons CR 39 Protect (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 1,304 tons CR 13 Protect (see Appendix AZ Delivery (Roundtrlp for 25 ton load) Est. 869 tons UNITS Ton kl MAMA Mile 1L-1 vwt\fl Mile 79s. vw\\<3 Mile public Works Department (see Appendix M Delivery (Roundtrip for 25 ton load) �i(y r.Ve.-J EM. 1,198 tons Mi e Standby Time (Est. 20 hours) Hour UNIT PRICE A \ �� r . Fo t ta,Aad\t $4a( -A �° Q�� vc)— Ae\tOcre4 $ C1914 Pct- Fv.. o\c\wcit $ 1, o? OGr \o,._ chItJt� $ g.GV OCr \nr. at 1t JtA $ d i1 ear at 1Ut.A $ t g0P° ft,- hr &Rcr Itve c,t\V q0 v\h•-V-t, 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 #B1700054 Page 17 Plant Location (List the address from where the cement will be delivered froml Location 1 Plant Name: 1 cc,ncL\t \tvY4 n _\ Physical Address: t� 7U \7eiv+se t -y City, State: C1C•nolcrbor, 1 CC) FS0G4o Location 2 Plant Name: Qehuer �ec�•.�w_\ Physical Address: '2a.0 E . S L4 t`` Gun_ c City, State: Qc,nucr CO Soalr, Please note below if Plant locations have limitations on availability or special requirements BID REQUEST#B1700054 Page 18 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following bastes must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ Receipt of addenda(s), if any. o W-9 (page 23) O Anti -Collusion Affidavit. (page 22) ❑ Bid Schedule (pages 18-20) The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1700054. 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 G c c- (\ow - BUSINESS ` CC ADDRESS (000 S. On tey �� O. ac iQQO CITY, STATE, ZIP CODE roAt.Nok-Al- , CO r WO 2y & TELEPHONE NO 3(A 73N-nO° FAX 303 1V -fWo TAX ID # PRINTED NAME AND TITLE Q c va <e ykc 1Mc.+yg c r SIGNATURE E-MAIL Gibe -ft.(((/ -- DATE a V13 "THE SUCCESSFUL BIDDER SHALL PROVIDE A 1N-9 IF NOT ALREADY ON FILE" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11. BID REQUEST #81700054 Page 19 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 Pay Unit Delivery (Roundtrip) (Project) Est. tons (See Appendix A) Mile TOwa .lg q« t s`° r 1Ml\L 1 X pC%LC t« ‘'or P r 0 t..V% RIr kros'rt rl OV Cf Uy.(�Cr 7O ,p1.Vel r(la.- ry ip j vAN.4 Cow a• �r v.nl\t. - 6. Or = Sty- Ov`• The remainder of this page left blank intentionally atAWl.sal!) ?CACt Wt.-sal!) BID REQUEST #B1700054 Page 13 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT r°e°Txo V \')QOO St -t LOCATION 1....)C‘PX COolVAITti (el•v\Nis• Ce MA-- `- I hereby attest that I an the person responsible within my firm bid or, If not, that I have when authortselion, enclosed herewith, his or her behall and on heal of my firm I further attest that• 1. The price(s)) end amount of We bid have been arrived agreement for the purpose or with the effect of restricting or potential prime bidder. 2A. Nether the prints) nor the amount of this bid have been poroMM.prime bidder on this project, and wli not be so 28. Neither the prices nor the amount of the bid of any other been disclosed to me or my firm. for the from that at Independently, competition disclosed disclosed firm a firm or than firm or to any any firm agreement or paid ant oonideralom lly high, Of or pa oonalderlon agreeing mOpyee San final decision as to the erica) and amount of role person to make the statements set out below on without consufiatbn, communication or vAth any other ism or person whoa a bidder to any ether lirm or person who Is a bidder or prior to bid opening. person who Is a bidder or potential prime bidder on person who le a bidder or potential plane bidder to the Old of this that a any Intentional& high or non- or person who le a bidder or potential pane bidder other form of complementary bid on this prefect. consultation, communication, agnsmenl or or person to ambit any Mmltcia Mph, noncom- regrading the purchase or sate el materials or or anytirig of value s b erg firm or person, for an agreement or promise by any Wm or naampsNre or other lone at conplmwntry bid athmen1 regarding the sale cl neterhte or oath or sarong 44 value by any trm or W r on, for my Omit eWW111g my YusnllmaW high, en promising tethers, On this protect. end agents of Winn with reeponsia Ma on this roofed and have been advised by each of aneleuan, dhorson, agreement, wluebn, Or made In We affidavit this affidavit Is end shell be treated as a fraudulent the true facts relating to submission of bids for this AND ANY OTHER APPUOABLE STATE OR ARE TRUE AND COMPLETE TO THE BEST this project have SA. No dtertpt has been made to solicit cause or induce any refrain from bidding on this protect, or to submit a bid higher competitive old or other form of complementary bid. icr any other 3e. No agreement has been prarked or soldhd on this pooled to submit an inlentbrW& high, noncompetitive 4. The bid of my tirm le made In good huh and not pursuant discussion with, or inducement or solicitation by Of from petitive or other form of complementary hid. 5. My Om has not altered or entered Into a eubmn rant or services Iran any Item or ponce, tethered, promised whether in connection With We or any chef profsot, in aeon topnp prmi nm biddng ing r ors tare pany mjscf� or Wheontrml 8. My Ilrm has no accepted or been wonted any been smiths to any firm or person, and Me not promised whether In connection with tide army other prefect, In noncom:4We or Other forms angkm ei wy bid, or 7. these roads a diligent Inluty of al members, officers, misting to he preparation, approval or submission of n& hem that he or she ha not participated In any communication, other conduct Inconsistent with any of the statements and B. I understand and my firm understands that any misstatement concealment from the Colorado Department of Transportation, contract. I DECLARE UNDE PENALTY OF PERJURY IN THE SECOND FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS OF MY KNOWLEDGE. M' bid repreeenWbne In of DEGREE, DOCUMENT ensues tie CmfoaC,w« d �' C err J r rn ev�loc 0... /�s.t4� C, 2.n4,,,4_ _ '!) •t, °d •N -f7 '"' J.('fL� t (a�l,"- ed«ewbn an o,«mps y ere. IlneD wmej 5y au Ten Sworn to before me this2 Yd d say of,, Flea rvpry 20 I7 Holey NOT �A�-L d17it - p d - "x/�u' ` MARY WAYLAND DUKE NOTARY PIMLIC STATE OF COLORADO MY C a&4q E t25144525051 NOTNOTE: ln. MIS 44.407E nbow,+annMa• (I U /e _2 y -1 g Thin document must be signed In Ink. BID REQUEST #81700064 Page 21 NOTICE OF AWARD Bulk Portland Cement For 2017 To: David Gray GCC of America 600 S. Cherry St. Suite 1000 Glendale, CO 80246 Project Description: Bulk Portland Cement for 2017 You are hereby notified that your Bid/Proposal has been accepted in the amount of S959 217.73 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 16 day of March , 2017 Weld County, Colorado, Owner By Josh Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by GCC f America, 600 South Cherry Street Suite 1000, Glendale, CO 80246 Dated this 7th day of By: (Contractor) April 20 17 Title Regional Sales Manager AC ,,,,,,e CERTIFICATE OF LIABILITY INSURANCE DAT E(MM /DD.INYYY) 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: II the certificate holder is an ADDITIONAL INSURED, the pollcy(fes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, sublect 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 endorsernent(s)- PRODUCER Aun Risk Services Southwest, Inc. Houston Tx office 5555 San Felipe Suite 1500 Houston IX 77056 USA ACT .NO. (866) 283-7122 I � N011(BOC) 563-OlUS EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL s INSURED GCC of America. Inc. 600 s. Cherry Street Suite 1000 Glendale Co 80246 USA INSURER& tronshore Specialty Insurance Company 25445 vlsuRERb: Liberty Insurance Underwriters, Inc. 19917 NSURERC: Zurich American Ins Co 16535 INSURERO: American Zurich Ins Co 40142 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 510066095762 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested TYPE OF INSURANCMX& E wig POLICY NIMBER ilf LIMITS X carAMERCIAL OFNERrAL L�UDILrry GL09673I7SOS4W1 EACH occ RRE vcx 55,000,000 I CLAIMS-NAOE E X I OCCUR 111 {{ TOR£HTCD I'RE44SES LEA accugynra; PRECANMISES 51.000, 000 MED EXP (Anyone persm) 510,000 PERSONAL a ADV INJURY $5,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 55,000,000 POLICY X JECT X LCC PROCUCTS- COMP/OP coA $5,000,000 1 OTHER C AUTOMOBLELMBILITY ' BAP 9673174-08 09/01/2016 09/01/2017 COMBINED SINGLE LIMIT (Es =adman 51,000,000 X ANY AUTO BODILY INJURY (Per person) ~r OWNED S SCHEDUI FD BODILY INJURY (Per accident) A AUTOS ONLY HIRED AUTOS —^ AUTOS NON -OWNED PROPERTY DAMAGE IPar II9 44rU_ ONL" ___, ALTOS CM." a X UN$RELLALIAB X OCCUR 100005931506 09/01/201609/01/2017 EACH OCCURRENCE ,d00.00(f EXCESS LIAO CLAIMS -MADE AGGREGATE 95,000,000 d)En I `RETENTION D WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY wc967317108 09/01/201609/01/2017 RIPER STATUTEf LT. II 1IEERR ANY PROPRIETOR I PARTNER 1 EXECUTIVE Y N N!A E L EACH ACCIDENT 51,000,000 Orr CM/MEMBER EXCLUDED? (Mandatory Ai NH) E L DISEASE -EA EMPLOYEE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E -. DISEASE POLICY LIMIT 91,000,000 A Env site Liab 000668902 09/01/2014 09/01/2017 Each rncicient Aggregate 95,000,000 65,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES (ACORD 101. Addltbnel Remer*. Setatd Lela. may be attached N were space Is required) Weld County Public Works is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and umbrella Li abi 1 ity policies. A waiver of Subrogation is granted in favor of Weld County Public Works in accordance with the policy provisions of the General Liability, Automobile Liability, umbrella Liability and workers Compensation policies. CERTIFICATE HOLDER CANCELLATION Holder Identifier : Certtflcate No : weld County Public Works Road & Bridge Construction 1111 H Street P.O. Box 758 Greeley Co 80632 USA ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE (1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo ars registered marks of ACORD U $ per Ton/Delivered (For infnrmatinn nnlul 888 a! 1 NN 3 ! o 1E g a v N maa m$ NNN n 2_g l O g al a N 8x9 N N n N RE wwirt 'PI ET tnM $ per Ton/Delivered (For Infnnnatinn nnlul 8@g 28A --- nN Delivery Total Total Project $ per Ton/Delivered (For informatinn nnlvl ae ,„ N e N n N 3 F 8$m N OT tO� N N Wd IA N tyn0� N Total Project 88pg8J n N V§ O N N Total Project RM S n N �Ty N $167,698.881 Total Project 815 n O -. N S142.417.601 N N „ N 882 O w in N N Gq N N g H 888 f� N 88 1� N m E 8 88g omg In N bY N m N a Delivery Total 888 MiI -I NNN N M a Delivery Total A84;1 m2%' NNN V 'I Delivery Total 888 0m mm N „gp N N 88g!g ngffi Yf y�y�N Y h a g 888 N °9iai N 1 !talc q a N 1N9 a a s a 3 N N I w N N y i i aax N N N A 1 Ig i r-- RndOlp Total Miles Miles a$!Ce11§8§1,�11ng3 p n i lil n t a IN l F i $gal '1 N N S luIsm (p�1 S ti s N S yY 01 �M S N IV LpF� S� mT S +V N A N ,V 1 T n n fffVVV i � yfag* p ry a R 1Np f I R O O 8 18 1129 9 p N N N p 35 T T 114V41 O Q f Total Material 88e NgAg �R N N " g 5150,960.00] 8N N N Total Material O �Q�f N O N b N Total Materiel $104,280A] a N $103,576.111 I xin g $143,760.0 O IF b N fsxrr& 4 t�rr d 3 gaga z e i Ign 5 !..a 88': y \ 88°1 N N N \ s 'j 88e w N N C O h T 88°: 5 NNN N„ C `yO N 2 88&,' N N a N t N g a, g_ g I i g I Iit i M 5 I I MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: March 6, 2017 FROM: Joshua Holbrook, Public Works Department SUBJECT: Bulk Portland Cement for 2017, No. 81700054 Bids were received and opened on March 3, 2017 for the purchase of Bulk Portland Cement materials for the 2017 construction season. Three bids were received and the total amounts ranged from $959,217.73 to $1,200,257.36 with the lowest bid submitted by GCC of America located in Glendale, Colorado. Below is a table showing a summary of the cement and delivery charges for each project in 2017. 1W ra,r,t W Tbaraa, 01711101) DMaa to Mafia. Owls Soo bidrvbnil.dfraobar, Nokia, GCC NWr. a ISl. ,¢ rf4;0:4414.1101610 F„0„y wtMrrnM Oa011 ra0Yalad iS�TMI,IGbY blw 1171 1N44 04114.17401 TY10041 SRrTorvAMnN(For 1116401 111011 OS. OO1 1,N0Sll¢1AM 1011N 11,312I09Swig 011*mte $.%40014N2A1lT0aiirStSf. NI101 3>t N,5f0I irlA.1/fS/1RA 11 1:1110io.d4a1Y1o1o441ba41Sn1 416 n/A7F)5IN12 7fN122 i0E 2.550 f1Y. Y,SAS711A2.% 3s1S1AOA a,Fa311al— YA r�vaS1�) ¢rDr M/Y4 be.yfly Tt O�STr YES 4,11411 SNrTWDr o.tq(ior iiunalYo Ml T a$ roam OSW NF 1r"� Ella 5Y1 n 9/Nb fiN .Oo_y0o(tlll SI% 1,2 1110. N a 5100 i 1125 114.110 00 1,13 NS}N 511450 1W,1aMr,1a S1a 1,21• 5115111 N % 4)00 Sl n 9l)AM 00� Mx 0Q 41 N.1 IJSl S111011 01 N Y 1,100 11.01 i{INA f11.N1A0 1SIA9 ]fit-iI 01101101.111161.6010ls 711011 brsarba) 0/404441 1_1211MM N lWoo1Ad 1.10 Prat Saar Tybelrai (For 01an114a0IW Ten• Wawa M1101 M MeV a tad W4 MOS bar MOM LSO ft%1A.00 Si A )3% 1442 415591. SIAM. Wile IaANOtl1 314110 1!N yI SIL St A 41 A S3.71 MIS LUAU SWAM Ca 91 N.10 f.%1 5,sua% SY is 1.1110WI 98127,12 611061 11P114N101MA # Fralats arm OaN4 Ma1YbY I is O�OM9 Tail TaalOgfat 6101161401047111(71, SMOSSIMaM4/ TpoI*� T10aN 11O4N MOOy9 MO msMp WaS TMM 110%f/Mb bra SINm Iii F¢Ogp(flI 4101! IS III IJN N41 f1,AO II sell {/1,011aCU 113111 OA SSW' )S % 21W 51St 511.191 1) $lar par 0(C SINN M fN1,5A11 n n },SN 51.10 0gaeitlI fwM fI1LONO ;Ina ie as 111 711111 �� tr/Fa41 Oarlk TWIS�� a WIr1T4d Trlaral4at frarrajD.Mw.er^• bbr,41MaM1 T o1N F1Oo N1 tYOYM 110 040011 1011 Tatl 10L can 5110 11A SN),)AA a M )}% ,p $13JSW <Wli 1,/ta40a11Na 315110 Ills 51/4/9100 Y A 3.300 13 y41,y�51111010 SS41M1O j191I:YA PM= 1%112 Ca SIN.1 NA fulfiev 40 i 2]A SI.ts Ss1NM V5.11 /11019 Sadohaa14 OM 440 Watts twr( 29 N) 9L19D Is Or 20 SE oaf N 490 Si.S1.AO Ca AS 51%}H 141004.64410 Ca 11.100.117 The low bid is within the 2017 estimated budget for Bulk Cement; therefore, it is my recommendation to award the project to GCC of America for a total amount of $959,217.73. Work is expected to begin on Marc 2017 and last the remainder of the construction season. I a e with cndation pc: Trevor Jiricek, Director of Environment Health and General Services Curtis Hall, Operations Manager Duane Naibeuer, Road and Bridge Construction Supervisor Janet Lundquist, Support Services Manager Mona Weidenkeller, Office Tech IV MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: March 6, 2017 FROM: Joshua Holbrook, Public Works Department SUBJECT: Bulk Portland Cement for 2017, No. B1700054 Bids were received and opened on March 3, 2017 for the purchase of Bulk Portland Cement materials for the 2017 construction season. Three bids were received and the total amounts ranged from $959,217.73 to $1,200,257.36 with the lowest bid submitted by GCC of America located in Glendale, Colorado. Below is a table showing a summary of the cement and delivery charges for each project in 2017. Bulk Cement Bid Tabulation (81700054) Distance to sites from plants from bids submitted from Cemex, Hokim, ca: All Cement is WDe III Project She WCR 390 from rd. 110.5 to rd. 118 Cement ($/Ton) Quantity 25 Tons/Trip Total Project $ per Ton/Delivered (For information only) Type 141 Type1-II Total Material Rndtrlps Rqd Rndtrlp Mlles Total Mies 5/M Ile Delivery Total Cemex 5170.00 ),590 5310,800.00 104 178 18,512 $3.09 557,202.08 5368,002-0R 514209 L.afargeHaldm 515100 1.590 $391,090.00 101 140 14,560 53.)1 $46,73760 $411,121.60 $169.05 GCC 5119.19 2,590 5308,70).10 104 172 17.888 53.19 557,062.72 $3655,76412 5141/2 Protect She WCR 44 train 175 85 to rd. 39 Cement ($/Ton) Quantity 25 Tons/Trip 5 per fon/Delivered (For information only) Total Project Type HI Type Hl Total Material Rndtrlps Rod Rndtrlp Miles Total Mlles 5/Mlle Delivery Total Camas $110.00 1,158 5150,960.00 SO 60 3,000 $4.75 514,75000 5165,21000` $207,44200 $131.33 $164 90 Lafarge Holclm $151 00 1,258 S189.958.00 50 94 4,700 $3.72 $17,484.00 GCC 511919 1,258 5149,941.02 50 66 3,300 $3.56 $11,148.00 5161,689.01 5128.53 Project She WCR 39 hom rd. 38 to rd. 44 Cement ($/Ton) Quantity 25Torts/Tdp Delivery Total Total Project $ per Ton/Delivered (For information only) Type 141 Type1-11 Total Material Radtrlps Rod Rndtrip Miles Total Miles 5/M lie Comex $120.00 1,104 $156,480.00 Si 6R 3,536 $4.41 $172,073.76 $131.96 515,593.76 Lafarge Hakim 5151.00 1,304 5196.904.00 52 94 4.888 $3.72 518.183 36 5215.087.36 5164 94 GCC $119.19 1,304 5155.423./6 52 74 3,848 53.19 $12,2/5.12 $16/,698 R8 5128.60 Project Site W CR 13 from rd. 34 to rd. 38 Cement ($/Ton) Quantity Total Material 25 Tons/Trip Delivery Total Total Project $ per Ton/Delivered (For informationnnly) Type HI Type141 Rndtrlps Rod Rndtrlp Mlles Total Mlles 5/Mlle Comae 5170.00 869 5104,280.00 15 36 1.260 $695 58./57.00\ $11,198.60\ 5113,037.00 5142,417.60 5130.08 $163.89 Lafarge Hdcim $151.00 869 $131,219.00 35 76 2,660 54 21 5119 19 869 $103,576.11 35 /2 2.520 53.19 'HAWN 5111.614.91 $12844 GCC Protect She Weld County Public Wales (Mitt. projects) Cement ($/Tar) Quantity Total Material 25 Tons/T►ip Delivery Total Total Project $ per Ion/t>etivered (For information only) Type 141 Type 1a1 Rndtrips Rqd Rndtrlp Miles Total Miles 5/Mile Cameo 5120.00 1198 $143,760.00 48 82 3,936 $3.90 515,350.40 5159,11040 5132.81 Lafarge Holclm 5151.00 1198 5180,898.00 48 70 3.360 54.41 514,884.80 5195,782.80 5163.42 GCC 5119.19 1198 5112,789.62 48 46 2.208 53.56 $7,1360.48 5150,65010 5125.75 Standby Time Standby hours Cost per hour Total Coat Camel 20 585.00 51,700.00 Lafarge Hakim 20 585 00 $1, /00 00 GCC 20 590.00 51.800 00 Camas Total $979,133.24 Lafarge Hdcim Total $1,200,237.36 GCC $939,217.73 The low bid is within the 2017 estimated budget for Bulk Cement; therefore, it is my recommendation to award the project to GCC of America for a total amount of $959,217.73. Work is expected to begin on March 3, 2017 and last the remainder of the construction season. pc: Trevor Jiricek, Director of Environment Health and General Services Curtis Hall, Operations Manager Duane Naibauer, Road and Bridge Construction Supervisor Janet Lundquist, Support Services Manager Mona Weidenkeller, Office Tech IV 020/7— DG3cz E4 007 DATE OF BID: FEBRUARY 28, 2014 REQUEST FOR: BULK PORTLAND CEMENT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1700054 PRESENT DATE: MARCH 1, 2017 APPROVAL DATE: MARCH 15, 2017 VENDOR GCC OF AMERICA 600 S CHERRYT ST SUITE 1000 GLENDALE CO 80246 CEMEX 5134 UTE HIGHWAY LONGMONT CO 80503 LAFARGE HOLCIM 1687 COLE BLVD SUITE 300 GOLDEN CO 80401 WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersAco.weld.co.us E-mail: reverett(co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 TOTAL PER TON $119.19/PER TON $120.00/PER TON $151.00/PER TON 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. .64 2017-0632 g&oo - Hello