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Home My WebLink About20140912.tiffOavti uufi / IJ 4€/o85 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Material Hauling contract extension DEPARTMENT: Public Works DATE: 02/27/2017 PERSON REQUESTING: Jerry Joseph Brief description of the problem/issue: Public Works rescinded the material hauling bid (B1700028) and is in the process to rework the bid as directed by the BOCC. There is still a need to get material hauled and the existing contractor (Richardson Consolidated Inc.) has agreed to a month to month contract at his previous contract price of $86.35. Public Works would like to extend the previous contract on a month to month basis for not more than half of the budgeted dollars until the new material hauling contract can be awarded. If more than half of the material hauling budget will be used before a new contract is not going to be awarded public works will come back to the board for direction. The attorney's office drafted the extension agreement and a signed copy is attached. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) A) The board can approve the month to month contract extension. B) The board can deny the month to month contract extension. Recommendation: The public works department recommends the month to month contract extension for not more than half of the budgeted dollars ($425,000) until a new contract can be awarded. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem dtf Qgurds, 3-13-.20e7 Aoorove Recommendation Schedule Work Session Otter/CQmments: o; O �it) -/3-/7 aol'!- 0942. Edco7o CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND RICHARDSON CONSOLIDATED This Agreement Extension/Renewal ("Renewal"), made and entered into 13 day of March 2017 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 Richardson Consolidated Inc hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2014-0912 approved on April 9, 2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2016. • The parties agree to extend the Original Agreement on a month to month basis, which will begin January 1, 2017, and will end on the last day of the month after the County has provided 30 days notice to the Contractor of intent to terminate. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORADO Julie A. Cozad, Chai ATTEST: viateli Weld Cou BY: MAR 13 2017 Jel _ dal JL/ Deputy Clerk to $ e Bo: rd / j ceo/! D 9/- ACORDT. CERTIFICATE OF LIABILITY INSURANCE REVISED ATE D 02/17/201) PRODUCER Serial # B3698 MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTHGLENN, CO 80234 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ,CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED RICHARDSON CONSOLIDATED, INC. R & S EQUIPMENT, INC. RICHARDSON COMPANY, INC. P.O. BOX 1313 I GREELEY. CO 80632 INSURER A: LIBERTY MUTUAL INSURER B: PINNACOL ASSURANCE 41190 INSURER C: INSURER D: INSURER E: COVERAGES 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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1; NSRC TYPE OF INSURANCE POLICY NUMBER POLILY EFFECTIVE PBLICY EXPIRATIONEFFECTIVE A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY BKW 57683992 3/15/17 3/15/18 EACH OCCURRENCE $ 1,000,000 PREMISESOlEaNT lens/ $ 100,000 MED EXP {Any one person) $ 15,000 CLAIMS MADE Q OCCUR PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000.000 GEN'L -1 AGGREGATE LIMIT APPLIES PER POLICY El PT in LOC A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA 57683992 3/15/17 3/15/18 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ $ $ $ B WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 4112217 3/1/17 3/1/18 + g UU X 1 TORY LAl�I7S I I ER EL EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE S 1 ,000,000 EL DISEASE - POLICY LIMIT 3 1,000,000 A OTHER MOTOR TRUCK CARGO BKW 57683992 3/15/17 3/15/18 LIMIT: $250,000 DEDUCTIBLE: $1,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WELD COUNTY IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG -8810 01-10 CERTIFICATE HOLDER CANCELLATION WELD COUNTY PURCHASING DEPT. P. O. BOX 758 GREELEY, CO 80632 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XIYOX%XXXXMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTWA XI XXID XXX XXXX XXXXXXXXXXXXXXXXXXXMIXPIDIXDOCKIXXXXXXXXXXXXXXXXX AUTHORIZED REPRESENTATIVE .7/e/Ore,/~,--' ACORD 25 (2001/08) MEMORANDUM TO: Clerk to the Board DATE: 1/26/2016 FROM: Jerry Joseph, Public Works Department SUBJECT: Agenda Item Doc #2014-0912 -a I d 41314-1000t03 103 Contract Agreement Extension/Renewal with Richardson Consolidated, Inc. for the 2016 Material Hauling. M:\Francie\AGENDA memos \Agenda-Tiff-2.doc RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS e, ; (-Pa) (TT / (,) A, 04 te) / Z6) 010-1 -09 la £G 007 0 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: 2016 Material Hauling Contract Renewal DEPARTMENT: Public Works PERSON REQUESTING: Jerry Joseph DATE: 1/15/2016 Brief description of the problem/issue: The 2016 Material Hauling Contract provided for two one-year renewals provided both parties agree. This would be the 2nd renewal. The contract terms allow for a rate increase of not more than 1.3%. The contractor, Richardson Consolidated, has proposed a rate increase that is within the allowable amount. Our total budget cost for 2016 is $ 841,551.00. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Renew the contract for a one-year term. 2. Reject the contract renewal and rebid. Recommendation: Public Works recommends the contract be renewed, for the 2016 Material Hauling Contract. Approve Schedule Recommendation Work Session Mike Freeman, Chair Sean P. Conway, Pro-Tem Julie A. Cozad Barbara Kirkmeyer Steve Moreno M:\TRUCKING-DIV \AGREEMENTS\WorkSession-passaround2016. doc Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND RICHARDSON CONSOLIDATED, INC This Agreement Extension/Renewal ("Renewal"), made and entered into 27 day of January, 2016, 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 Richardson Consolidated, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2014-0912, approved on April 9, 2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on December 31, 2014, and the first renewal ended on December 31, 2015. • The parties agree to extend the Original Agreement for an additional one year period, which will begin January 1, 2016, and will end on December 31, 2016. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Adjustment to the rates per hour 2. All other terms and conditions of the Original Agreement remain unchanged. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: LLiZailiorlfseri Cora 13-d -cd Pr ed ature ATTEST: Weld ou ty Jerk to the Beard ddrativ BY: Deputy Cler to the Board APPROVED AS TO FUNDING: "7 " a( Controller APPRO7; TO F RM: , / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair FEB 0 1 20+2 APPROVED AS TO SUB3rANCE: r Department Head PAK Director of General Services oZol��v9'i� County Attorney Bid Schedule 2016 Material Hauling Contract Item # Item Description Unit Unit Price Per Hour Per Truck 1 Hauling and Spreading of material with belly dumps HR rr 3s `Q 2 Hauling — Side Dump HR qt.. 3 Hauling — End Dump HR q 1 4 Hauling — tandem axle dump truck HR 8 S �'�, 5 Fuel Cost Adjustment FA $15,000.00 Contractor base price for diesel fuel $3.77 per gallon from 2014 bid Advance notice required 48 hrs. The total base bid will include $15,000.00 for fuel cost adjustment. Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this FIRM NAME: BY: day of jAr1 UrArl Reie,1".Ar6 5ot.) L' Daso 1 TJA4-CA1 L i R7i1d)ts-r•<)SteV , TITLE: ,q%C.C/V. to I 'l BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: Po zd,x TELEPHONE NO: 41.70 , 20 IL ft/8 7Zikdo ) 1; G7 __ L' 5 to 453 -q'139 FAX NO: 41?a - 3s"3 at -f 3SI-ASS0 BID NO # B1400063 Page 1 COLORADO MEMORANDUM TO: Clerk to the Board FROM: Jerry Joseph, Public Works SUBJECT: Doc # 2014-0912 DATE: March 11, 2015 RECEIVED MAR 1 2 2015 WA n COUNTY COMMISSIONERS RE: Doc #: 2014-0912 Attached is the current Certificate of Liability Insurance to accompany the 2015 Material Hauling Contract Extension/Renewal. M:\Francie\AGENDA memoslltemForRecording.docx eitlxv4ifik arta, 5-Ilirrl� aorti-owa EcomO MAR -11-2015 07:28 FROM: TO:19703046497 P.2/2 "CO' `D CERTIFICATE OF LIABILITY INSURANCE REVISED DATE (MM/DD/YY) 03/03/2015 PRODUCER Serial U 83608 MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTHGLENN, CO 80234 THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES INFORMATION CERTIFICATE EXTEND OR BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED RICHARDSON CONSOLIDATED, INC. R & S EQUIPMENT, INC. RICHARDSON COMPANY, INC. P.O. BOX 1313 INSURER A: COLORADO CASUALTY INSURER B: PINNACOL ASSURANCE 41190 INSURER C. INSURER D: INSIIRFFR E: COVERAGES THE POLICIES ANY REOUIREMEN MAY PERTAIN, POLICIES, OF INSURANCE LISTED BELOW I., TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. IKBft TYPE OF INSURANCE POLICY NUMBER POLICY bM� !V�/) '� 4If,L`Y( APP A QN AA fi�� D/Yjr� LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 S ,000,000 X COMMERCIAL GENERAL LIABILITY HAM O Tgb 1��SOQ ,PRE��& I�e c�EN�{� ttG4) $ , I GLAIM8 MADE In OCCUR MED EXP one 55,000 A (Any per'spnI $ CBP 8595563 3/15/15 3/15/16 PERSONAL 8 ADV INJURY 3 1,000,000 2,000,000 eGCNtAAL AGGREGATE s GENT AGGREGATE LlMrr APPLIES PER: PRODUCT 2,000,000 y - UOMI'/OP AGG $ • �-1 POLIG�� 711.0C A r AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Es accltlsn$) $ 1,000,000 AS ALL OWNED AUTOS X SCHEDULED AUTOS BA 8598563 3/15/15 3/15/18 BODILY INJURY (Per ()non) X HIRED AUTOS X NON -OWNED AUTOS BOOILY INJURY (Per accident) S PROPERTY OHMAGE (Per accident S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC 1 $ AUTO ONLY ... AGG S QxcessiuMBRELLA LABILITY EACH OCCURRSN E $ 7 OCCUR II CLAIMS MADE AGGREGATE S S DEDUCTIBLE RETENTION S S 3 WORKER'S CONIPBNSATION AND eMPLOYERS' LIABILITY X •L0 �lt� I ifr a F - .� - B i ANY PRODRIh'IOR/P/1RTNERJExi?CU't IVt, OFs ICERJMBMSt 41 12217 3/1/15 3/1 /16 EL EACH ACCII�EN I 3 1,000,000 R EXCI UDED, If yes dowjbe under at DISEASE - EA EMPLOYEE 6 1 ,000 000 f SPE�IAL PROVIFiJON8 below EL D19GASE - POLICY LIMIT S 1,000,000 A OiliER MOTOR TRUCK CARGO CBP 8595563 3/15/15 3/15/16 LIMIT: $250,000 DEDUCTIBLE: $1,000 )E5CRIPTION OF OPERATIONS/1SOCATIONSNEHICLE,S/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL WELD COUNTY IS INCLUDED AS AN ADDITIONAL PROVISIONS INSURED PER FORM 22-132(01/08) ;ERTIFICATE HOLDER CANCELLATION WELD COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE I HEREOF THE ISSUING INSURER WILL ENDEAVOR '10 MAIL 30 DAYS WRITTEN PURCHASING DEPT. P. 0, BOX 758 GREELEY, CO 80632 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON rHE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ITI _--- -- •--- - --- esise �3 ACORD CORPORATION 1980 M _ HMORANDUM j —ss, TO: Clerk to the Board DATE: February 13, 2015 FROM: Jay McDonald, Director, Public Works Department SUBJECT: Agenda Item RE: 2015 Material Hauling Contract Renewal Bid #B1400063 Doc #2014-0912 Request for Bid Schedule renewal for the 2nd year on the 2015 Material Hauling Contract. Enclosure NI `,PlanckVAGENDA memo Benda -,lay doc RECEIVED WELD COUNTY COMMISSIONCP4- Cc :?Lo (Pran.ctel ) RECEIVED i dolq-09/02 Ee,OO7O a BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: 2015 Material Hauling Contract Renewal DEPARTMENT: Public Works PERSON REQUESTING: L Jay McDonald DATE: 2/18/15 Brief description of the problem/issue: The 2014 material hauling contract provided for 2 one year renewals provided both parties agree. This would be the I" renewal. The contract terms allow for a rate increase of not more than 2.75%. The contractor, Richardson Consolidated, has proposed a rate increase that is within the allowable amount. What options exist for the Board? 1. Renew the contract for a one-year term. 2. Reject the contract renewal and rebid. Recommendation: Public Works recommends the contract be renewed. Even with the rate increase, the per hour rate for material hauling is lower than the 2n° low bidder on the original bid in 2014. Approve Recommendation Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Sean P. Conway Julie Cozad Steve Moreno C.AUsers\feollinsVAppnataU.ocalAM I CroSO ft\ Windows \ Temporary Mr - Schedule Work Session Other/Comments: Files \Content.Outlook\MRWQU4IJS\Passaround Hauling contract renewal 2015 review.docx Internet CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND RICHARDSON CONSOLIDATED, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 13 day of February, 2015, 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 Richardson Consolidated, Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on April 9, 2014 (the "Original Agreement"), identified as document 2014- -0912. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2014. • The parties agree to extend the Original Agreement for an additional one-year period, which will begin January 1, 2015, and will end on December 31, 2015. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Adjustment to the rates per hour • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: RICHARDSON CONSOLIDATED, INC Printed Name t I OtiAt /7)-C-111-4 fd Sbeel AS TO frti/NDING: Controller APPROVED AS TO FORM: County Attorney Director of General Services APPROVED AS TO S STANCE: EIV ed 6i ial or Department Head ATTEST: dedie / . dLO•GC, Weld Co Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara KirkmeyerjChair MM 0 2 2315 M,\Administration\AGREEMENTS-STANDARD\Richardson Consolidated2015.docx Bid Schedule 2015 Material Hauling Contract ' Item # Item Description Unit Unit Price Per Hour Per Truck Hauling and Spreading of1 material with belly dumps HR 85.25 2 Hauling — Side Dump HR 96.50 3 Hauling — End Dump HR 91.50 4 Hauling —tandem axle dump truck HR 69.85 5 Fuel Cost Adjustment Lump Sum $15,000 00 Contractor base price for diesel fuel $3.77 per gallon Advance notice required 48 hrs. The total base bid will include $15,000.00 for fuel cost adjustment. Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this 11 day of FIRM NAME: RICHARDSON CONSOLIDATED, INC. BY: RONALD L RICHARDSON FEBRUARY LE: PRESIDENT BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: COLORADO ADDRESS P.O. BOX 1313, GREELEY, CO 80632 TELEPHONE NO: 970-353-9939 FAX NO: 970-353-2147 2015. BID NO # B1400063 Page 22 MEMORANDUM TO: Clerk to the Board DATE: September 4, 2014 FROM: Curtis Hall and Jerry Joseph, Public Works Department SUBJECT: Agenda Item B 1400063 2014-0912 Contract Extension/Renewal -- contract amendment for the 2014 Materials Hauling Contract. Enclosures bl hanicAGENDA memos. Agenda-Curtis-Jen doc a,.,cia.A--* A� da Crc/ssl cti) oq-oq-v-J 2o'4- O 9/.z E6 OO-3-O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Colorado Department of Agriculture Grant Opportunity DEPARTMENT: Public Works, Trucking Division PERSON REQUESTING: Curtis Hall and Jerry Joseph DATE: September 2, 2014 Brief description of the problem/issue: On behalf of the Operations Division, Public Works is requesting a contract amendment to the 2014 Material Hauling Contract (B1400063). The purpose of the request is because the existing contract priority was for flood recovery hauling, which included 923 hours at $238,493.40. This dollar amount is anticipated to be reimbursed through flood recovery. However, since flood recovery hauling has been the priority, staff would now like to focus on the gravel plan, but the existing contract will expire in the next two weeks. Therefore, staff requests a contract amendment to the existing material hauling contract for an additional 6 weeks or 240 hours in the amount of S159,264. This matter has been discussed with Don Warden and he has indicated the budget can accommodate the additional requested funding. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Put the contract extension/renewal on the BOCC agenda for approval. 2. Do not extend the contract. Recommendation: Approve the material hauling contract amendment for an additional 240 hours to allow Public Works to contract trucking to implement the 2014 gravel plan. Approve Schedule Recommendation Work Session Douglas Rademacher, Chair'✓Q�/ Barb Kirkmeyer, ProTem Sean P. Conway Mike Freeman lMY William F. Garcia l/"" Other/Comments: CONTRACT EXTENSION / RENEWAL 2014 Material Hauling Date: Sp/ -m her a, QOI / Project: 2014 Material Hauling Contract, Bid #61400063 (Contract Amendment) Owner: Weld County Public Works Department, PO Box 758, Greeley, Colorado 80632 Consultant: Richardson Consolidated Inc. The following change is hereby made to the Contract Documents: Contract Time Extension: Six weeks or 240 hours Change to Original Rate Schedule: Remains the same CHANGE TO CONTRACT PRICE: $159,264 CHANGE TO CONTRACT TIME: The Contract time will be increased by 240 hours. RECOMMENDED: Owner Representative: - i !` Dougl=s Rade -chef, (Chair) ' Supervisor:,if./ .• Director: APPROVALS: Contractor: By: Title: SEP 0 8 2014 Date: 4•t1% Date: '" ` <- Date: O% -2- Z{'/9 Date: l - /q - BID NO # B1400063 Page 24 c'1 22/& MEMORANDUM TO: Clerk to the Board DATE: April 7, 2014 FROM: Jay McDonald, Director of Public Works SUBJECT: BOCC Agenda RE: Bid #B1400063 Attached is the Agreement for Construction Services with Richardson Consolidated Inc. for 2014 material hauling, budgeted for $657,776.00. cc: Josh Holbrook Jerry Joseph Mona Weidenkeller M\Francie\AGENDA memos\Agenda-aayMcDonald.docx ,,,ccz CL— qu, +Jay-Pw Etc -7o WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & RICHARDSON CONSOLIDATED INC MATERIAL HAULING D/ THIS AGREEMENT is made and entered into this 9- day of Apr, , 2014, 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 Richardson Consolidated Inc, [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is P.O Box 1313, Greeley CO, 80632, hereinafter referred to as "Contractor". 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. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1400063". 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. WITNESSETH: WHEREAS, Materials is in need to be delivered to 2014 construction projects, (hereinafter referred to as the "Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the services for material hauling, and WHEREAS, County requires an independent contract construction professional to perfouur the Services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at the cost specifically set forth in Exhibit B: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: 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. Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure AGREEMENT FOR CONSTRUCTION SERVICES Page 1 to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), agrees to perform the services described on attached Exhibits A and B. Contractor agrees that during the teiui of this Agreement, it shall fully coordinate its services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. 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 construction 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 result in County's decision to withhold payment or to terminate this Agreement. Contract 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 and B. In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 4. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay the amount of (See Bid Schedule), set forth in Exhibit B. Contractor acknowledges no additional payment 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 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. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that it is an independent contractor AGREEMENT FOR CONSTRUCTION SERVICES Page 2 and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. 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. 8. Termination Provisions. A. 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 Manager. B. 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 Manager approves in writing which he 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, C. 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 AGREEMENT FOR CONSTRUCTION SERVICES Page 3 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." D. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such teiuiination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: A. All services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B. All services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. 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 and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction 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 construction 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. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, AGREEMENT FOR CONSTRUCTION SERVICES Page 4 and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor's acts, errors or omissions in seeking to perform its construction obligations under this Agreement. 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 Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. 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. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, 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. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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. AGREEMENT FOR CONSTRUCTION SERVICES Page 5 17. 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. 18. 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. 19. 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. 20. 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. 21. Employee Financial Interest/Conflict of Interest — C.R.S. 4424-18-201 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. 22. 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. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. 24. 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 FOR CONSTRUCTION SERVICES Page 6 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. 25. 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. 26. 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. 27. 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 shall pertain" work under this Agreement and shall 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 program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or subcontract 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 (a) shall not use E -Verify Program or State program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. AGREEMENT FOR CONSTRUCTION SERVICES Page 7 29. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis - Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 30. Attorneys Fees/Legal 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. G � IN WITNESS WHEREOF, the parties hereto have signed this Agreement this / day of Apn'1 201. TRACTOR: By/ �.,� � Date 4- 1 14 -/- Nis e 123 11 j f? ,,LL Title: (rr,ek. WELD COUNTY: ATTEST:dJ JOL;(.1. Weld County Clerk to the Board BY: De.uty Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO as Rademacher, Chair APR 0 9 2014 AGREEMENT FOR CONSTRUCTION SERVICES Page 8 &O/i1 Exhibit A ******************** REQUEST NO No. #B1400063 ***** .************* BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: February 18, 2014 PAGES 3 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 -10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. I. 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: 2014 Material Hauling Contract (with possible two, one-year renewals) Department of Public Works A. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: March 20, 2014, 10:00 a.m. (Weld County Purchasing Time Clock . II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. 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. D. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasino/index.html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. E. Mandatory pre -bid meeting: March 14, 10:00 a.m., at Weld County Public Works Building located at 1111 H St. Greeley, CO. F. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be smelled to: mwalters(a.co.weld.co.us or reverett(a)co.weld.co.us. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed BID NO # B1400063 Page 3 bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed bids (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. III. INSTRUCTIONS TO BIDDERS: A. 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 in behalf of a corporation shall be furnished. 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. B. 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. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. 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 I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise speci₹ied. I. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County wilt 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). BID NO # B1400063 Page 4 J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply withthe provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contract, the 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 the 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. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. 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. P. 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, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. Q. 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 BID NO # B1400053 Page 5 Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to 'Weld County, Colorado," not to the Department securing the merchandise. Ali invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima fade, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in BID NO # B1400063 Page 6 material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein 4. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. D. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. E. Fund Availability: Financial obligations of the 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. F. 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. G. 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. H. 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. I. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be BID NO # B1400083 Page 7 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. J. 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. K. 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. L. Attorneys 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. M. 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. N. Insurance Requirements. 1. General Requirements: Contractors/Contract Professionals 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/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) -years after termination of the Agreement. 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 Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional 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. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability BID NO # 81400083 Page 8 Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; ii. S2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. 3. Automobile Liability: Contractor/Contract Professional 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. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: . i. if any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5. Contractors/Con₹ract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") 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. 6_ Proof of Insurance: County reserves the right to require Contractor/Contract Professional 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. 7. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. 8. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. BID NO # 81400063 Page 9 9. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional 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/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall also provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. The remainder of this page left blank intentionally BID NO # 61400063 Page 10 Purpose Weld County, Colorado, desires to contract for the use of private tractors, belly dump trailers, side dumps, end dumps and tandem dump trucks with drivers, as needed to haul and spread material to and from multiple scheduled and unscheduled locations within Weld County. Scope of Work and General Specifications: BELLY DUMPS Scope of Work: Hauling will consist of gravel, dirt, recycled asphalt, hot mix asphalt, and any other material used in the maintenance and construction of county roads that are normally transported in belly dump trailers. Trucks will not be required to haul anything greater than 4" minus. Weld County will arrange for the loading of all trucks. Contract trucks may haul with County trucks and material delivered to jobsites will be windrowed or spread on the go as per instructions from Weld County personnel. Instructions are normally communicated through a Weld County Supervisor, Foreman, Lead Worker, or loader operator. Trucks and Trailers: A minimum of seven (7) trucks with drivers will be supplied for use at all times during the contract term by the contractor. Truck and trailer combinations shall be minimum five (5) axles, single belly dumps with a minimum 18 cubic yard capacity and capable of legally hauling not less than a 27 ton payload. Each truck shall have a c.b. radio to provide for communication with Weld County personnel for direction in the field. All belly dump trailers must have outside hand operated dump controls on the driver's side of the trailer. All tractors and trailers must have overhead clearance of 12ft 4in to pass under asphalt silos. All trailers must be capable of maintaining a predetermined gate opening while dumping on the go. Cost of all maintenance, repairs, fuel, insurance and labor to operate the trucks shall be borne by the contractor. Extra Trucks: Should Weld County require additional trucks and trailers for a special project or for additional short term hauling needs, the Contractor shall supply up to three (3) additional trucks and trailers with drivers at the terms and conditions provided for herein. This may or may not shorten the number of days of the contract. Contract Term: The contract term is for one year, approximately 28 weeks, with two (2) one-year renewals. The start date each year will be determined by Weld County and coordinated with the successful contractor. The final schedule and the number of days worked each year will be determined by Weld County in the "Notice to Proceed." SIDE DUMPS, END DUMPS, TANDEM DUMP TRUCKS Scope of Work: Hauling will consist of gravel, dirt, recycled asphalt, rip rap, debris and any other material used in the maintenance and construction of county roads and bridges that are normally hauled in the listed trailers or trucks. End dump trailers and side dump trailers may be required to haul rip rap and concrete debris. Tandem axle dump trucks will not be required to haul anything greater than 4" minus. Weld County will arrange for the loading of all trucks. Contracted trucks may or may not haul with County trucks and material delivered will be dumped as per instructions from Weld County personnel. Instructions are normally communicated through a Weld County Supervisor, Foreman, Lead Worker or on -site employee. Trucks and Trailers: Truck and trailer combinations must be not less than five (5) axle units (single steering, tandem drive, and tandem trailer). Dump trucks must be at least three (3) axle units (single steering and tandem drive). Any loaded trucks that leaves a loading site while working for Weld County, must be tarped. Every truck must have a c.b. radio to provide for communication with Weld County personnel for direction in the field. Cost of all maintenance, repairs, fuel, insurance and labor to operate the trucks shall be borne by the contractor. Contract Term: The contract term is for one year with two (2) one-year renewals. All work is on an as needed basis and may be for short term or long term projects. There is no implied or guaranteed number of days or hours per year. When hauling needs are anticipated by Weld County, notice will be given to contractor as per the requirements provided for herein. BID NO # B1400063 Page 19 Hours of Operation: Unless special arrangements are made with the Weld County Public Works Department, work should be done only during regular and commonly accessed working hours. No work shall be done at night, holidays, or Sundays, unless written authorization is given by the Public Works Department. Occasionally, hauling cannot be done due to inclement weather. Those are non -paid days. Weeks that contain a Weld County holiday will have fewer hours scheduled during that time. Trucks are expected to be at the loading site and ready to load each day at the time designated by Weld County. Parking and staging of vehicles may be allowed on county property or in designated county pits. Drivers are afforded a non -paid 30 minute lunch period. Safety Conditions: Ail drivers will be expected to follow all posted speed limits, including those posted at gravel pit and work site locations, and comply with state taming and weigh station requirements. The County will administer mine safety training in accordance with C.F.R. 30 Part 46, and must get signed release statements from all drivers before any driver or contractor employee can enter a Weld County owned or operated surface mine. ANY PERSON WHO ENTERS AN ACTIVE SURFACE MINE OWNED OR OPERATED BY WELD COUNTY MUST RECEIVE THE SAFETY TRAINING AND SIGN THE RELEASE STATEMENT. Special Condition: Contractor will correspond in a timely manner to all residents with complaints about the Contractor's work received by Weld County, and will provide to Weld County written proof of such correspondence of this compliance within 72 hours of its completion. Terms / Conditions and Annual Renewal: All contractors will be required to sign Weld County's Agreement for Construction Services (see example on pages 25-30). The Agreement shall commence approximately March 2014 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 hour may increase from one year to the next by no more than the Projected Increase of the Denver -Boulder -Greeley Consumer Price Index projections (http://vvww.colorado.eovics/Satellite/DOLA-Main/CBON/1251594680280). Any increase during the year due to fuel cost increases as provided for in this contract may be added to the base price increase. (see note below) Fuel cost adjustment: The bid price shall be based, in part, on your cost for diesel on the day the bid is submitted. That will be the base price and will remain the same should your cost for diesel increase twenty five (25) cents above the base.price. After that, for every twenty-five (25) cent increase in the cost of diesel fuel, the per hour bid price can be increased. Diesel fuel cost will be base of the Fuel Cost Adjustment prices for Daily and Month Average, supplied by CDOT. (http://www.coloradodot.info/business/designsupport/construction-specifications/2011-SnecsJfuel-cost adjustments/opis denver ultra low sulfur diesel lub/daily prices) Weld County shall pay for the use of all trucks and drivers on a per hour basis_ For each truck and driver, payable time will begin when a truck reports to the designated location at the designated time and ends at the point of origin or similar distance. Appropriate documentation of the hours each truck and driver is in use shall be the responsibility of the contractor. Invoices will be submitted for payment by Tuesday afternoon of each week for the prior week and in the format designated by the Public Works Department. All invoice disputes will be identified and resolved within one calendar week. The lunch break is thirty minutes. No overtime is authorized. There will be no adjustments made for weather or unforeseen circumstances. Fueling time, down time for any reason including any type of repairs, and travel back to staging areas are not billable hours. Submit invoices to Weld County Public Works, PO Box 758, Greeley, 80632. ATTN: Mona Weidenkeller. BID NO # B1400063 Page 20 Bidder shall provide the following items with their bid: 1. Copy of FHWA or CSA Safety Rating - (must be satisfactory) 2. Federal ID. number and U.S: DOT number Mandatory Pre -Bid Meeting- All bidders are required to attend a pre -bid conference to be held at Weld County Public Works building (1111 H St, Greeley, CO). The conference is scheduled. for 10:00 A.M. March 14, 2014. Weld County Contract: Questions related to the project and procedures should be directed to: Jay McDonald Weld County Public Works 970.304.6496, ext. 3761 jmcdonald@weldgov.com The remainder of this page left blank intentionally BID NO 4 B1400063 Page 21 Exhibit B Bid Schedule 2014 Material Hauling Contract Item # Item Description Unit Unit Price Per Hour Per Truck 1' Hauling and Spreading of material with belly dumps HR 82.95 2 Hauling —Side Dump HR 94.50 3 Hauling — End Dump HR 89.65 4 Hauling— tandem axle dump truck HR 68.85 5 Fuel Cost Adjustment Lump Sum $15,000.00 Contractor base price for diesel fuel $ 3.77 per gallon Advance notice required 48 hrs. The total base bid will include $15,000.00 for fuel cost adjustment. Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this 19 day of MARCH FIRM NAME: RICHARDSON CONSOLIDATED. INC. BY: RONALD L RICHARDSO�--� BIDDER'S LEGAL SIGNATURE: �•/J STATE OF INCORPORATION: COLORADO ADDRESS: P.O. BOX 1313, GREELEY, CO 80632 TELEPHONE NO: 970-353-9939 TITLE: PRESIDENT FAX NO: 970-353-2147 , 2014. BID NO # B1400063 Page 22 O.N. CO/ LO14 CIO: OO 0004J<UL3/ , •,ryt�1 1.1-1111, 11 YJVIVYt II,I ACORDCERTIFICATE OF LIABILITY INSURANCE GOUGER INSURED MACHANN INSURANCE AGENCY 79760 NO. HURON, STE 36 NORTHGLENN, CO 80234 RICHARDSON CONSOLIDATED INC. R & S EQUIPMENT, INC. RICHARDSON COMPANY, INC. P.O. BOX 1313 GREELEY. CO 80832 COVERAGES 1 >1�n_ VII 01 REVISED DATE 1MM/DDNYY) Serial # 83698 • THIS CERTIFICATE IS ISSUED AS A MATTER 03!20/TION ONLY AND CONFERS NO RIGHTS UPTHENCERRTTIFICAATE ALLTLTHIS CERTIFICATE ERR THE COVERAGEAFFORDED BY THE POLICIESS BELL INSURERS AFFORDING COVERAGE INSURERA: COLORADO CASUALTY INSURER B: PINNACOL ASSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IESUED TO THE INSURED NAMED A ANY REOUIRRMENT, TERM OR CONOrr1ON OF ANY CONTRACTOR OTHER DOCUMENT• RESEPCT THEPOLICT THIS SRIOD IFICATE MAY BE ISSUED MAY PERTAIN, THE INSURANCEAFFORDEW BY THE POUCES DESCRIBED HEREIN IS SUBJECT TO Ni THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, ��.AGGREGATE LIMITS SHOWN MAY HAW BEEN REDUCED BY PAID CLAIMS. b1ATtl RESPECT 7O WHICH CERTIFICATE BE ISSUED OR Ai --- • ia FOIST Mimosa 41190 El =■ I. .I PRO AUTOMOBILE UAmUTY NI ANYAVTO �`�ij ALL OWNED AUTOS Ell ( SCHEDULED AUTOS El HIRED Milos © NON-0WNEO AUTOS IGARAGE LIABILITY = ANrAUTG GENERAL UM= SuNSERCLAL GENERAL UABILIT' CLAWS MADE X OCCUR GENL AGGR EGATE L IM17 APPLIES PER: POLICY T . LOC ENCE$S?UM76REIJA 'Ammon, OCCUR C CLVMS MADE DEDUCTIBLE RETENTION 1 INTRIKERE W LIABILITY EMPLOYERS. ANY PROPRIEJ'ORIPARTNER/EJIECUTIVE OFFICERNEMEERT Dco.UITEb7 Ayes, (Ambit rant SPECIAL PAGV/SIONS below OTHER MOTOR TRUCK CARGO ORIPTION OP OS=41101184_ CAnowwuEHtctSOyFr^LUSTONS ADDED BY ENDORS EMENDEPE CIAiSuNE WELD COUNTY IS INCLUDED AS AN ADDITIONAL INSURED PER FORM 22-132(01/08) CRP 8595563 BA 8598563 4112217 PEL', NAL &ACV INJURY 3/15/14 3/15/14 3/15/15" 3/16/15 3/1/15 EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS_ COMP/GRANS BODILY INJURY AUTO ONLY- EAACCIDENT OTHER THAN AUTO ONLY; EA ACC AGG EACH OCCURRENCE EL LACKACCNENT EL DISEASE- EA EMPLOYEE EL DISEASE -POLICY LAW LIMIT: $250,000 DEDUCTIBLE: $1,000 iTIFICATE HOLDER WELD COUNTY PURCHASING DEPT. P. 0. BOX 756 GREELEY, CO 80632 RD 25 (2001/DS) W ACORD CORPORATION 1988 100,000 1,000,000 2,000,000 2.009,000 1,000,000 1,000,000 1,000 000 1 000,000 CANCELLATION SHOULD ANY OF THE ABOVE DEscRIBED POLICIES BE CANCELLED BEFORE THE ENPIRATIO DATE THEREOF. THE IS DING INSURER WILL ENDEAVOR TO MNL 3D GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT BUT FAILURE TO GO SO SHALL IMPOSE NO OBLIGATION ORLIABILRY OF ANY HIND UPON THE INSURER, ITS AGENTS, OR NEPReSSNTATNts. Form Yy'"9 Request for Taxpayer (Rev. August 2013) Identification Number and Certification Department of the Treasury Internal Revenue Service Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above RICHARDSON CONSOLIDATED, INC. Check appropriate box for federal tax classification: 0 Individual/sole proprietor O C Corporation 0 S Corporation .. ■ Partnership 1 Trust/estate Exemptions (see instructions): Exempt payee code (if any) El Limited liability company. Enter the tax classification (C=C corporation, SeS corporation, P=partnerstilp)1 Exemption from FATCA reporting . . code (if any) • Other (see instructions) ► Address (number, street, and apt. or suite no.) P.O. BOX 1313 Requester's name and address (optional) City, state, and ZIP code GREELEY, CO 80632 . List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number your to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other ...,ce,,, lf is unnr pmnlnver identification number fEIN1. If you do not have a number. see How to Get a — — TIN on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number 2 Q 5 7 3 Q 9 7 9 EIM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) f am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of, U.S. person Date ► 3 1 q — ! 4 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irsgov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a .U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA codes) entered on this form (if any) indicating that you are exempt from the FATCA reporting, Is correct. Note. If you are a U.S. person end a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person it you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your sham of partnership income. r≥ - iit(12i+@ab(3 Cat. No. 10231X Form W-9 (Rev. 8-2013) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: MARCH 19, 2014 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): RICHARDSON CONSOLIDATED, INC. 2. Permanent main office address: 509 N. 9TH AVENUE, GREELEY, CO 80631 MAILING: PO BOX 1313, GREELEY, CO 80632 Phone Number. 970-353-9939 Fax Number: . 970-.353-2147 3. Year Company was organized: 2006 (RICHARDSON ENTITIES FOR 25 YEARS) 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 8 YEARS INCLUDING SEVERAL YEARS FOR WELD COUNTY (RICHARDSON ENTITIES 25 YEARS) 5. Under what firm, company or trade names has this company been engaged in this type of business, how long under each name, and how long has each company been bonding work? RICHARDSON CONSOLIDATED, INC. (8 YEARS) RICHARDSON ENTITIES (25 YEARS) 6. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: GREEN BROS, READY MIX $ PER TON ONGOING STERLING REDI-MIX CO $ PER TON ONGOING PREFERRED CARTAGE $ PER MILE ONGOING 7. List all contracts which were not completed by the contracted and completion date_ Include the project description and state the number of days beyond the contract completion date. NONE 8. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. NONE 9. Describe all contracts that the Company failed to complete. NONE BID NO # B1400063 Page 14 10. Describe all contracts on which the Company defaulted or from which the Company was terminated. NONE 11. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises, IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM (FIFTEEN PERCENT) 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK (ANTICIPATE USING ALL COMPANY EQUIPMENT AND EMPLOYEES TO DO 100% OF WORK) 12. List the principal members of the company who will be involved with this project. PERTINENT NAME LEE RICHARDSON TITLE OPERATIONS MGR YRS. EXPERIENCE 20+ YEARS LOREN HARRINGTON SAFETY MANAGER 20+ YEARS LARRY COX HANS MEYER PROJECT SUPERVISOR 20+ YEARS DRIVER SUPERVISOR 20+ YEARS 13. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. NONE The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 19 day of MARCH , 2014. Bidder: RICHARDSON CONSOLIDATED, INC Name: RONALD L RICHARDSON (Please Type) Title: PRESIDENT BID NO # B1400063 Page 15 NOTARY County of WELD ) ss. State of COLORADO RONALD L RICHARDSON (Name) Being duly sworn, deposes and says that he is PRESIDENT Of RICHARDSON CONSOLIDATED, INC. (Title) (Company Name) and That the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this 19 day of MARCH 2014. (SEAL) DONNA D. HESSLINK NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/1612014 BID NO # B1400063 Page 16 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO. LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.• I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to retrain from bidding or to submit any Intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. S. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract, I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Convaotors Olen or company name 2;t_Fi ur- .564 Caw so 13 wed. c Tiue tt ntgo Hy 2n0 oenlraclers Tin or company name. (II joint venture.) Dale Title Sworn to before me this t q day of, IflACLARd Cit.) 20 I L` Notaal�t VY�an �Sl ` My comet"ssion etCPires a Cl te I -31 0 IL/ NOTE: This document must be signed in ink. DONNA D. HESSLINK NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/16/2014 CDOT Form 06 1/02 BID NO # B1400063 Page 18 SAFER Web - Company Snapshot RICHARDSON CONSOLIDATED INC Page 1 of 3 • O USDOT Number O MC/MX Number O Name Enter Value: I1568973 J Search 1 Company Snapshot RICHARDSON CONSOLIDATED INC USDOT Number: 1568973 1D/Operations 1 InspectionsLCrashes In US 1 inspections/Crashes in Canada 1 Safety Rating Carriers: If you would like to update the following ID/Operations information, please complete and submit form MCS-150 which can be obtained online or from your State FMCSA office. If you would like to challenge the accuracy of your company's safety data, you can do so using FMCSA's DataQs system. Other Information for this Carrier SMS Results II Licensing & insurance Carrier and other users: FMCSA provides the Company Safety Profile (CSP) to motor carriers and the general public interested in obtaining greater detail on a particular motor carrier's safety performance then what is captured in the Company Snapshot. To obtain a CSP please visit the CSP order page or call (800)832- 5660 or (703)280-4001 (Fee Required). For help on the explanation of individual data fields, click on any field name or for help of a general nature go to SAFER General Help. The information below reflects the content of the FMCSA management information systems as of 03718/2014. EntityType: Carrier Operating;tatus: AUTHORIZED FOR Property I Out of Service Date: I None LegaF Name: RICHARDSON CONSOLIDATED INC DBA Name: Physical Address: 25109 WCR 456 KERSEY, CO 80644 Phone: (970) 353-9939 Mailing Address: Po BOX 1313 GREELEY, CO 80632 uSDOT Number. 1568973 State Carrier ID Number. MCIMXIFFNumber(9): MC -581403 DUNS Number. Power Units: 14 Drivers: $ MCS-160 Form Date: 01/15)2013 MCS•150 Mileage lYoarl: 949,061 (2012) Operation Classification: x Auth_ For Hire Priv. Pass.(Non-business) State Gov't Exempt For Hire Migrant Local Gov't Private(Property) U.S. Mail Indian Nation Priv. Pass. (Business) Fed. Gov't Carrier Operation: X Interstate Intrastate Only (HM) Intrastate Only (Non -HM) Cargo Carriod: x General Freight Liquids/Gases Chemicals Household Goods lntennodal Cont. Commodities Dry Bulk Metal: sheets, coils, rolls Passengers Refrigerated Food Motor Vehicles Oilfield Equipment Beverages Drive/Tow away Livestock Paper Products Logs, Poles, Beams, Lumber X Grain, Feed, Hay Utilities Building Materials Coal/Coke X Agricutturat/Farm Supplies Mobile Homes Meat Construction Machinery, Large Objects Garbage/Refuse Water Well Fresh Produce US Mail t,tt+.•//nofor imno a tint eves-or/emery,. n . SAFER Web - Company Snapshot RICHARDSON CONSOLIDATED INC Page 2 of 3 ID/Operations J Inspections/Crashes In US I Inspections/Crashes In Canada I Safety Rating US Inspection results for 24 months prior to: 03/1812014 Total Inspections: 34 Total IEP Inspections: 0 Note: Total inspections may be less than the sum of vehicle, driver, and hazmat inspections. Go to Inspections Help for further information. Inspections: Inspection Type Vehicle Driver Hamlet IEP Inspections 14 34 0 0 out of Service 2 - 0 0 0 Out of Service% 14.3% 0% % 0% Nati Average% (4009-2010) 20.72% 5.51% 4.50% N/A Crashes reported to FMCSA by states for 24 months prior to: 03/18/2014 Note: Crashes listed represent a motor carrier's involvement in reportable crashes, without any determination as to responsibility. Crashes: Type Fatal Injury Tow Total Crashes o 0 0 0 ID/Operations I InspectionsfCrashes In US J Inspections/Crashes In Canada I Safety Ratinq Canadian Inspection results for 24 months prior to: 03/1812014 Total inspections: 0 Note: Total inspections may be less than the sum of vehicle and driver inspections. Go to Inspections Help for further information. Inspections: Inspection Typo Vehicle Driver Inspections 0 0 Out of Service 0 - - D Om of Service % 0% 0% Crashes results for 24 months prior to: 03/18/2014 Note: Crashes listed represent a motor carrier's involvement in reportable crashes, without any determination as to responsibility. Crashes: Type Fatal Injury Tow Total Crashes 0 0 0 ID/Operations J Inspections/Crashes In US J Inspections/Crashes In Canada J Safety Rating The Federal safety rating does not necessarily reflect the safety of the canter when operating in intrastate commerce. Carrier Safety Refiner The rating below is current as of: 03/1812014 1/1n/7nt4 SAFER Web - Company Snapshot RICHARDSON CONSOLIDATED INC Page 3 of 3 Review Information: 1 Rating Date: 03123/2013 Review Date: 02/0412013 Rating: Satisfactory Type; Compliance Review SAFER Home 1 Feedback I Privacy Policy I USA.gov I Freedom of Information Act (FOIA) F Accessibility OIG Hotline I Web Polcles and Important Links Plug -ins Federal Motor Carrier Safety Administration 120D New Jersey Avenue SE, Washington. DC 20590. 1-800-832-5660 • TTY: 1-600-877-1339 - Feld Office Contacts ZI1 QP)1114 MEMORANDUM TO: Board of Commissioners DATE: March 24, 2014 FROM: Jay McDonald, Director of Public Works SUBJECT: 2014 Material Hauling Contract, B14000063 The Public Works Department recommends that the Board of Weld County Commissioners award the Material Hauling Contract to the lowest bidder, Richardson Consolidated, Inc. for $82.95 per hour to provide seven trucks with drivers for approximately 28 weeks. The contract price is based on diesel fuel costs of $3.77 per gallon. It will remain the same should their cost for diesel increase twenty-five (25) cents above the base price. After that, for every twenty-five (25) cent increase in the cost of diesel fuel, the per hour bid price can be increased based on the Fuel Cost Adjustment prices for daily and monthly average, supplied by CDOT. We further recommend they receive the bid for hauling with side dump trucks at a cost of $94.50 per hour, end dump trucks at a cost of $89.65 per hour, and tandem axle dump trucks at a cost of $68.85 per hour on an as needed basis during 2014. If you have any questions, please contact me at extension 3761. m:mona/wordfiles/bids/mcontracttruckingbid 14.docx clay- o Z 600o -7O co c‘r o co lo 2/j!( (OTJ «<-_W 3°/\aR )k°g1-® F— el O) §&;®EN 065E§&2 Q o Cu. @-R§ )b rdi IL j (k\G2 )..se§ Weae« 223§±-r w, -e« b@&owo M<ZWIZ HOMOwM W0MM< B ° m m m >00 D } } C CC @ N- a §§ 2 no 2�� §ow Coa BCD OE 2k =o }§ 2O I§ & a' 222 k<>- /■ _ N- N - co cri 0 0 0 S S Tr Nr 0 / 5 N 0- 0 § co /W z O VENDORS Z N §o, <° o © e=° e= 0 0 o -Ww )§� \\\ §7 <02 0- cod o o D S2 Q H Ego op« ee� THE PUBLIC WORKS DEPT IS REVIEWING THE BIDS AT THIS TIME. JCNI c* Hello