The URL can be used to link to this page

Browse Search

Home My WebLink About20151382.tiff/D' //025 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: Extension/Renewal for the 2017 Chip Seal Oil Supply DEPARTMENT: Public Works PERSON REQUESTING: Neal Bowers DATE: 4/11/17 Brief description of the problem/issue: The current contract for the Chip Seal Oil Supply between Weld County and Cobitco, Inc. is nearing expiration. The contract allows for yearly extensions and possible rate Adjustments. Per the contract, the allowable adjustments are based upon the increase reflected by the Denver -Boulder -Greeley Consumer -Price -Index. The percent change this year was (+) 2.77%. Cobitco Inc. did ask for an increase this year of+2.0%, +1.84%, and +2.0°/.. This extension would be for the third year of a possible three year limit. Cobitco, Inc. was the low bid for this material in 2015, Bid No. B1500118. The total amount of this contract is $691,980.00, which doesn't exceed the 2017 Chip Seal Budget. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract extension/renewal. Recommendation: Public Works recommends the approval of the contract extension/renewal to Cobitco, Inc. for the Chip Seal Oil Supply. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem ADnroee Schedule Recommendation Work Session Other/Comments: LW?, Ct,tgegtri/ L1 10-4 13 _5-447 02o/5- /3t.Z t6-00 7,2-) CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND COBITCO INC. This Agreement Extension/Renewal ("Renewer), made and entered into L day of tune. nu 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 Cobitco hereinafter referred to at 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.2015-1382 approved on 5/18/2015. 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 patties hereto covenant and agree as follows: The Original Agreement will end on lune 16, 2017. The parties agree to extend the Original Agreement for an additional one year period, which will begin lune 17, 2017, and will end on June 16, 2018. 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. This extension will be the third year of a possible three year contract. 2. The 2016 Bin Schedule of the contract shell be replaced by the attached 2017 Bid Schedule, which is Incorporated herein. 3. The total contract amount not to exceed $691,9030.00. A8 other terns 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; Sieve* Al/'Lx.ChAll Signature 1104110 Of COUNTY COMMN6lONERg WE ._ , , �:. COLORADO 020/ems /3 let 2017 04d Scliduie 2017 Chlp5..i Oil Suoply Mg 3 IIIMI cg sawa nom 1 EMULSIFIED ASPHALT (CRS - 2R) PLANT PRICE ONLY 112,000 GAL. $2.09 $234,080.00 Denver CO 2 EMULSIFIED ASPHALT (CRS - 2R) 9CJVE1tE0 Mg 200,000 GAL $2.19 $438,000.00 Denver CO 3 EMULSIFIED ASPHALT (CRS - 2) PLANT PRICE ONLY 10,000 GAL $1.99 $19,900.00 Denver CO axes wka it iuoe all labor and equipment cost necessary to make, load and (deliver — Rem N2 only) material Bidder must include the name and location of plant that material will be picked up by Weld County personal. FIRM COOITGOInc. BUSINESS ADDRESS 5301 N, Banrigck St. CITY, STATE, ZIP CODE Denver CO 80216 TELEPHONE NO 1-800-783-8575 FAX 303-297-3029 TAX ID 11$4-060139 PRINTED NAME AND TITLE Steven M Marshall Sale{ Representative SIGNATURE.�i:�� 4 h E-MAIL steve.marshall@cgbjtco.com DATE April 7 2017 WELD COUNTY fS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NURSER ISSN -03551-0000. WORM ACORD CERTIFICATE OF LIABILITY INSURANCE RENEWAL I OAZ;20D ^ Procucsa TES CERTWtME IS METED AS A MATTER OF INFORMATION ONLY AND CONGERS NO MOMS UPON THE CERTIFICATE HOLDER THIS CERIRCATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POI BELOW. AFFORDING COVERAGE NE FAAWIN TMVELER8 slum614ITWI a' RNNAQTL ASSRANcE MMtAAIBII/EM 1'OVBRAOEB MACHMN INSURANCE AGENCY 11140 NO. HIMOI, STE. 35 RT NOHOLENIA CO 60234 COBRCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80616 B&W S 117562 TOE WIOH or MMMNIOE LISTED BELO* EMYE SEEN 15MDTO THE MINTED NAMED MOVE FCR TIE FQLT PERIOD MOLTED NOTWIIIISTNaI1 ANY PEMWB*NL 1EWCPCCIJpF10M OF ANycONTIVCT ONMIER 00QN®R M9M RESPECT 10 MACH THIS CERLKICATE MAY BF EMBED MI WYPORN{ TIE SMININCE AMER° ST TIE POLICES OESCFi0 HEREIN 1 SMARM TO ALL GE TENA. EXRUsCL* AW CXNAOIOYSOF B11D1 FOLCM ES,AOEOATE WISE HOME MY HATE N REDUCED BY PADGASNI num A A A lvn OF FAMua WHRIA INam X IYNNNCL{ 4OS01& PANTY CLAMS HARE ® OCOIA O W T'ONMAI I F LFHpT,.E+THs reR: —IFMLYflZ ntoc LA m ax'1^ LId+ATHAa Rx=4€ F FaI1YnHA0 63050104153 61050104153 1/1/17 1/1/17 ItAthilitt 1/1/16 1/1/18 OWS EACO ceusse Ai EW PP RAW Pm" EERMNY 8 AV FARM W WAIL -MNWIE FMY66TIS GTWto AM -LE "KM Tim a 100,000 5,000 1 1.000.000 s ZOOM 1 2.005.000 4 1.000.000 R. RAYS CRT. .,1T PH nab" CUP501D1153 1/1/17 III/16 AJTOO&T. uI¢1ENr OTTER IRAN EA/5C EPINONTY MWOMEMPE s aIENEn 100 2.000.000 2.000.300 B tW N IMPLOUP ""n=r1Ine UAW. T't I�EIvMY�M®T1. TRW 381672 10/I/16 ossommompanamwounmsweesciamseussom02.0005 B10AN61NSNLL N1MINRH IF REQUIRED VIA WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADO TIONA. INSURED UNDER THE GENERAL LMBLRY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY. AUTOMOBILE MID WORKERS COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED) 1U/1117 K IIgtietE1 riP CLOSER ROOWIT EsuEEA! uLEaIOTEE ft OtiltAli. FACT TAP 600.000 000 CERTIFICATE WILMS CANCELLATION sTICALDNTY OF THE ABOVE ()SEEMED POLICIES OE CANCERS() METRE V. E BATON DATE THEREOF. TIRE eases INSURER all kMXXMXX6 AsL 30 asswmrr$N NsnCE 0114 ffHfFCAff. NAUSEA NAMED TO THE.. LUIXNXXd6XY701 QUITKXX NRISCHOIWATOSOODBODUOWMOIXIGWIWWWICILIWENNWOUCXX �M WELD COUNTY PUBLIC WORKS P.O. BOX 75S GFQ_ELEY, CO 80632-0751 ATTN: ROSIN HOLBROOK ACOWD ESRO01aq O ACORD COMOIULTXN 160 MEMORANDUM TO: Clerk to the Board DATE: April 28, 2016 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid #1500118 Doc # 2015-1382 Contract Agreement Extension/Renewal with Cobitco, Inc. Extension of Agreement from June 17, 2016, to June 16, 2017. M:\Francie\AGENDA memos \AgendaJosh. docx pci4), 02p Nssio- Y_AyAtdo., ce,; ao6- 13 ga BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Extension/Renewal for the 2016 Chip Seal Oil Supply (pavement management program). DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4.21.2016 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for the Chip Seal Oil Supply between Weld County and Cobitco, Inc. is nearing expiration. The Contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change to the ENR (Engineering News and Record) for Emulsion Rapid Set (Denver). The percent change this year was a (+) 0.17%. Cobitco did not ask for a cost increase this year and submitted prices that are -8.42%, -8.51% and -9.30% below last year's price (see 2015/2016 cost comparison). This Extension would be for the second of a possible three-year limit. Cobitco was the low bid for this material in 2015, Bid No. B1500118. The total amount of this contract is $672,735.00, which in under the budget amount for 2016. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public Works recommend's the approval of the contract extension/renewal to Cobitco, Inc. under the Chip Seal Oil Supply Contract. Approve Schedule Recommendation Work Session Mike Freeman , Chair Sean P. Conway, Pro-Tem Julie A. Cozad Barbara Kirkmeyer Steve Moreno cc: Jay McDonald Curtis Hall Neal Bowers Mona Weidenkeller Janet Lundquist Attachments: 2016 Contract Agreement extension/renewal 2016 Bid Schedule 2015 vs. 2016 Cost comparison 2016 Insurance Certificate Comments CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND COBITCO, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into ILday of June 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 Cobitco, Inc, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on June 17, 2015 (the "Original Agreement"), identified as document B#1500118 / 2015-1382 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 June 16, 2016. • The parties agree to extend the Agreement for an additional one year period, which will begin June 17, 2016 and will end on June 16, 2017. • The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three year contract 2. The 2015 Bid Schedule of the contact shall be replaced by the attached 2016 Bid Schedule, which is incorporated herein. 3. The total contract amount not to exceed $672,735.00. 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: S± /V l a i^ s /i a // Printed Nam 4N ," Signature APP S ay Controller APPROVED AS TO SU Director of General Services ATTEST: Weld BOARD OF COUNTY COMMISSIONERS ELD UNTY, COLORADO Mike Freeman, Chair MAY 0 4 2018 o2oi5 /3-v 2016 Bid Schedule 2016 Chit)Seal Oil Supply Items Item Quantity Li ) Bid Price Per Unit Contract Plant # Price Locations 1 EMULSIFIED ASPHALT (CRS -2R) PLANT PRICE ONLY 66,000 GAL. /• O 5 � ' J )SI 3 ` 6 O #I3 it e h e r CO i/i 2 EMULSIFIED ASPHALT (CRS -2R) DEUVERED PRICE 240,900 GAL. ' I (517i I 7 935 70 bekvev Cl 3 EMULSIFIED ASPHALT (CRS -2) PLANT PRICE ONLY 10,000 GAL It ` / ' p #' ), 5011." Deliver. C 0 rites wil include all labor and equipment cost necessary to make, load and (deliver - Item #2 only) material. Birder must include the name and location of plant that material will be picked up by Weld County personal. FIRM COBI I C0 in.., BUSINESS ADDRESS .5301 N. Bo sf CITY, STATE, ZIP CODE De ti V e Z' CO ,SO / 2 / tv TELEPHONE NO 303- 96- 25 75FAX 303-.257-30.:7 5' TAX ID#fly-O5O'1.239 PRINTED NAME AND TITLE „Steve M(RP.S1l91/`Sa/ Rere;etif4five SIGNATURE __��//�4zldf�.6i / E-MAIL -S /eve I IMO COo , L ft net DATE 4pk'l / /5 -2Q/6 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551- 0000. 2015 vs. 2016 Cost cost comparison for 2016 Chip seal oil Supply 2015 Cost 2016 Cost Item I Item Description I Unit I Unit Cost Unit I Unit Cost I % Decrease of 1b 00 ri ul fb o M of ENR for Emulsion Rapid Set (Denver) is (+) 0.17% $ 2.05 LC) r -I N Lf7 of r-1 $ 2.25 Gal. $ 2.35 . Gal. f6 C7 ul ri N co co co Emulsified Asphalt (CRS -2R) Plant Price only Emulsified Asphalt (CRS -2R) Delivered Price Emulsified Asphalt (CRS -2) Plant Price only 2 r -I M ACORD, CERTIFICATE OF LIABILITY INSURANCE RENEWAL DATE (MM/DD/YY) 04/21/2016 PRObUCER MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTHGLENN, CO 80234 Serial # 117592 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 COBITCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80616 INSURER A: TRAVELERS INSURER B: PINNACOL ASSURANCE 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. LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ICLAIMS MADE n OCCUR X GEN'L AGGREGATE LIMIT APPLIES PER: -I POLICY I -I MERCOT I I LOC 630501D4153 1/1/16 1/1/17 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (Any one person) $ 100,000 5,000 PERSONAL & ADV INJURY $ $ 2,000,000 1,000,000 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X 810501D4153 1/1/16 1/1/17 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY —1 ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG A EXCESS/UMBRELLA LIABILITY X I OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ CUP501 D4153 1/1/16 1/1/17 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ B WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 381672 10/1/15 10/1/16 X I TORY LIMITS I IOER EL EACH ACCIDENT $ 500,000 500,000 500,000 EL DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBLIC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND WORKER'S COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED) CERTIFICATE HOLDER CANCELLATION WELD COUNTY PUBLIC WORKS P.O. BOX 758 GREELEY, CO 80632-0758 ATTN: JOSIAH HOLBROOK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XDD/DXX1XXXXMAIL _3O__DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XXXa XXXXXXXXXXXX DFIXXXXXXdCtXD XXXXXXXXXXXXX➢ W0kDdrX-XXX XXEXXXXc10OSXa1QXXX KAXIMIOiXXXXXXX AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 MEMORANDUM TO: Clerk to the Board DATE: June 3, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: Agenda RE: Bid #B1500118 Contract Agreement with COBITCO, Inc. for the 2015 Chipseal Oil Supply (with renewal options for 2016/2017). M'.\?uncle \AGENDA memos \AgendaJo sh. docx articlau to -17 -02015 - RECEIVED JUN 0 3 2015 WELD COUNTY COMMISSIONERS cc: Puff -M(0 o'�b15-�382 E&oota WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE CHIPSEAL OIL SUPPLY 2015 (With Renewal Options for 2016/2017) APRIL 2015 for Weld County Public Works 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 Page 1 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control construction of this project. BIDDING REQUIREMENTS Invitation for Bids 3-4 General Provisions 4-6 Specifications and/or scope of work and proposed pricing 7-8 Insurance Requirements 8-9 Bid Schedule and Acknowledgement of Bid Documents 10 IRS Form W-9 11 Anti -collision Affidavit 12 CONTRACT FORMS Signature Page 13 Notice of Award 14 SPECIAL PROVISIONS Project Special Provisions Index 15 Project Special Provisions 16-18 Project Map Location 19 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 BID NUMBER: B1500118 DESCRIPTION: Chipseal oil supply for 2015 construction season MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: May 14, 2015 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: CHIPSEAL PSEAL OIL SUPPLY 2015 With Renewal Options for 2016/2017 Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley, CO 80631, until: 10:00 am on May 14, 2015 (Weld County Purchasing Time Clock). 2. INVITATION TO BID: Bids shall include any and all charges for delivery, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay, if awarded the bid. You can find bid information on the Weld County Purchasing website at: http://www.co.weld.co.us/Departments/Purchasing/index.html located under "Current Requests" for Bids or at www.rockymountainbidsystem.com. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNets) 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. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid." An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. 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". 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 (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. 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 Page 3 partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. Page 4 3. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County, payable after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red at the top on the financial information the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. 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. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations, established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. H. Term: The term of this contract begins upon the dates within the contract documents and approval by the Board of County Commissioners, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. I. Termination: County has the right to terminate this Agreement, with or without cause, on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time, without notice, upon a material breach of the terms of the Agreement. J. Extension or Modification: Any amendments or modifications to this agreement shall be in writing, signed by both parties. No additional services, material, or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services, material, or work. Page 5 K. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. L. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. M. 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. N. 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. O. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507: The signatories to this Agreement agree that, to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest, direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services, and the successful bidder shall not employ any person having such known interests. P. 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. Q. 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. R. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. S. Insurance. Insurance coverage must be maintained as required by law and as specified in the specifications and/or scope of work. Page 6 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Purpose The project in general consists of supplying 320,400 gallons of chipseal oil (plant price and delivery prices) for the 2015 chip seal projects. See page 18 for a map with project locations and road miles. General Conditions and Information: 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their plant. 3. Vendor will deliver the emulsified asphalt to job site with twenty-four (24) hour notice. In a tanker that can be off loaded into Weld County's distributor. Weld County will be able to pickup emulsified asphalt from the vendor's plant on an as -needed basis. The vendor will load and scale all materials at the plant. Weld County will be able to return unused emulsified asphalt to vendor's plant for credit due to weather or excess. 4. Bids on materials shall be good for one year, with the ability to renegotiate unit prices at the end of each calendar year for only two additional years. Terms for renegotiation are described below in the "Terms and Conditions" section. 5. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. 6. Payment shall be made according to the bid prices per gallon times the gallons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. 8. Bidders must have storage for the emulsified asphalt and liquid asphalt. Bidder(s) must be able to provide Weld County with precut and preheated liquid asphalt. 9. Weld County will notify the successful bidder(s) twenty-four (24) hours in advance of any emulsified asphalt supply needs. 10. In the event where a contractor cannot supply material needs due to break downs or other contracts Weld County will use other vendors. The contractor will pay the added cost if the other supplier has a higher price. The contractor will also be responsible for additional hauling costs. 11. Weld County requires that emulsified asphalt (CRS -2R) be supplied from the first of June to the end of October, Weather permitting. CRS -2 will be used throughout the year for patching 12. The specifications for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, 2011 specifications, unless otherwise stipulated in this document (See Special Provisions pages 15-17). References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Revision of Section 105.22 — Dispute Resolution Revision of Section 702.03 — Emulsified Asphalts (March 2014) (February 2011) Page 7 Weld County Contract: Questions related to the project and procedures should be directed to: Joshua J. Holbrook —Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3734 jholbrook@weldgov.com Terms and Conditions: The bid documents shall be considered the Agreement and will commence in June 2015 and continue in full force for one year. At the option of the County, the contract may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. The base price per ton may increase from one year to the next by no more than the increase reflected by the Denver -Boulder -Greeley CIP index or the ENR for Emulsion, rapid set per liquid ton. When using the ENR cost index the adjusted cost will be based on the price difference from 2014 to 2015 for the emulsion, rapid set item. Insurance Requirements: A. 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, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the 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. B. 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 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; Page 8 ii. S1,000,000 Personal/Advertising Injury iii. $2,000,000 general aggregate; iv. $2,000,000 Products/Completed Operations Aggregate C. 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. D. 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. E. Contractors/Contract 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. F. 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. G. 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. H. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors,subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of 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. Page 9 WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Index Page 14 Revision of Section 105.22 — Dispute Resolution (March 2014) 15 Revision of Section 702.03 — Emulsified Asphalts (February 2011) 16-17 The remainder of this page left blank intentionally Page 15 REVISION OF SECTION 105 DISPUTE RESOLUTION Section 105 — Definition and Terms is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures for Subsection 105.17 except that all claims reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department of its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department of its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Josh Holbrook, Construction Inspection Supervisor Project Engineer: Don Dunker, County Engineer Project Inspector: Nick Marquez, Eng. Tech III The remainder of this page left blank intentionally Page 16 The Following shall replace the Revision of Section 702 (CRS -2R) on page (17): REVISION OF SECTION 702 EMULSIFIED ASPHALTS (CRS -2R) Section 702.03 of the Standard Specifications is hereby revised for this project as follows: Table 702-2 (Polymerized Emulsions for Seal Coat) shall be revised as follows: Description CRS -2R shall be an emulsified mixture of straight -fun vacuum tower bottoms asphalt, synthetic SBR polymer dispersion, emulsifiers and water. The emulsion shall contain a minimum of three percent (3.0%) styrene butadiene rubber (SBR) such that a discontinuous polymer -asphalt network is formed upon curing of the finished emulsion. The emulsion shall be pumpable and suitable for application through a distributor truck. The emulsified asphalt shall conform to the following requirements: Properties Minimum Maximum Test Procedure Test on Emulsion: Viscosity, 50° C, seconds Saybolt Furol 80 450 D244 / T59 Sieve Test, % (A) - 0.1 D6933 / T59 Storage Stability test, 1 day, % (A) 1 D6930 / T59 Demulsibility, 35m1, 0.8% dioctyl sodium Sulfosuccinate, % 40 - D6936/ T59 Particle Charge test Positive D244 Oil distillate by volume, % - 0.5 D6997 / T59 Residue by distillation, % 65 - D6997 / T59 / CP — L2212 Test on Residue from 325° hot plate evaporation test Penetration, 25°C, 100g, 5 sec 70 120 D5 / T49 Ductility, 25°C, 5 cm/min, cm 100 - D113 /T51 Ductility, 4°C, 5 cm/min, cm 30 - D113 / T51 Toughness, in -lb 110 - D5801/CP-L2210 Tenacity, in -lb 75 - D5801 / CP-L2210 Elastic recovery, 25°C, 20cm, Sm hold/lh recovery, % 60 - D6084 / T301 Softening Point, Ring and Ball, °C 57 - D36 / T53 Solubility in trichloroethylene, % (C) 97.5 - D2042 / T44 (A) This test requirement on representative samples is waived if successful application of the material has been achieved in the field. (B) Distillation of 260° C shall be the reference method for percent distillate and percent residue. Residue by hot plate evaporation at 163° C shall be the reference method to obtain material for test on reside. Residue from distillation shall not be used for test on residue due to polymer degradation at 260° C. Colorado DOT Procedure CP-12212 modified to a 163° C maximum temperature may be used for acceptance testing of percent residue. (C) If the solubility of the residue is less than 97.5%, the base asphalt binder for the emulsion shall be tested. The solubility of the base asphalt binder shall be greater than 99 percent. REVISION OF SECTION 702 EMULSIFIED ASPHALTS (CRS -2R) Section 702.03 of the Standard Specifications is hereby revised for this project as follows: Table 702-2 (Polymerized Emulsions for Seal Coat) shall be revised as follows: Description CRS -2R shall be an emulsified mixture of straight -fun vacuum tower bottoms asphalt, synthetic SBR polymer dispersion, emulsifiers and water. The emulsion shall contain a minimum of three percent (3.0%) styrene butadiene rubber (SBR) such that a discontinuous polymer -asphalt network is formed upon curing of the finished emulsion. The emulsion shall be pumpable and suitable for application through a distributor truck. The emulsion contains comilled SBR polymer dispersion. The emulsified asphalt shall conform to the following requirements: Properties Minimum Maximum Test Procedure Test on Emulsion: Viscosity, 50° C, seconds Saybolt Furol 80 450 D244 / T59 Sieve Test, % (A) - 0.1 D6933 / T59 Storage Stability test, 1 day, % (A) 1 D6930 / T59 Demulsibility, 35m1, 0.8% dioctyl sodium Sulfosuccinate, % 40 - D6936/ T59 Particle Charge test Positive D244 Oil distillate by volume, % - 0.5 D6997 / T59 Residue by distillation, % 65 - D6997 / T59 / CP — L2212 Test on Residue from 325° hot plate evaporation test Penetration, 25°C, 100g, 5 sec 70 120 D5 / T49 Ductility, 25°C, 5 cm/min, cm 100 - D113 /T51 Ductility, 4°C, 5 cm/min, cm 30 - D113 /T51 Toughness, in -lb 110 - D5801/CP-L2210 Tenacity, in -lb 75 - D5801 / CP-L2210 Elastic recovery, 25°C, 20cm, 5m hold/lh recovery, % 60 - D6084 / T301 Softening Point, Ring and Ball, °C 57 - D36 / T53 Solubility in trichloroethylene, % (C) 97.5 - D2042 / T44 (A) This test requirement on representative samples is waived if successful application of the material has been achieved in the field. (g) Distillation of 260' C shall be the reference method for percent distillate and percent residue. Residue by hot plate evaporation at 163' C shall be the reference method to obtain material for test on reside. Residue from distillation shall not be used for test on residue due to polymer degradation at 260' C. Colorado DOT Procedure CP-12212 modified to a 163' C maximum temperature may be used for acceptance testing of percent residue. (C) If the solubility of the residue is less than 97.5%, the base asphalt binder for the emulsion shall be tested. The solubility of the base asphalt binder shall be greater than 99 percent. Page 17 REVISION OF SECTION 702 EMULSIFIED ASPHALTS (CRS -2) Section 702.03 of the Standard Specifications is hereby revised for this project as follows: Table 702-2 (Polymerized Emulsions for Seal Coat) shall be revised as follows: Properties Minimum Maximum Test Procedure Test on Emulsion: Viscosity, 122° F, seconds Saybolt Furol 100 400 D88 / T72 Sieve Test, % - 0.1 D244 / T59 Storage Stability test, 1 day, % 1 D244 / T59 Particle Charge test Positive D244 Oil distillate by volume, % - 3 D244 / T59 Residue by distillation, % 65 - D244 / t59 Test on Residue Penetration, 77° F, 100g, 5 sec 100 250 D5 / T49 Solubility in Trichloroethlene, % 97.5 - 02042 / T51 Ductility, 77° F, 5 cm./min. cm. 40 - D113 /T51 Page 18 WCR FROM TO MI. 4 7 to End 0.50 7 Lowell Ln. Erie CL 1.00 13 68.5 72 1.50 15 74 76 1.00 16 31 29 1.00 20 19 23 2.00 21 68.5 7015 0.75 21 72 725 0.50 24 19 23 2.00 32 13 Mead CL 1.00 37 O St. Eaton CL 5.00 41 Hwy 392 62 3.25 43 603 Hwy 392 3.50 44 13 11 1.00 45 62 66 2.00 45 Hwy 34 54 1.00 46.5 19 Milliken CL 0.75 47 Hwy 34 50 3.00 50 61 Hwy 34 130 52 Hwy 85 43 2.00 62 15 Windsor CL 0.5 64 45 Hwy 85 3.00 68.5 13 133 0.50 70 19 Severance CL 1.0 70 21.25 23 0.75 72 19 Hwy 257 1.00 74 29 35 3.00 80 Hwy 257 13 2.00 378 Two Riven Prwy Milliken CL 030 175th Ave 7 to end 0.50 54th St. Rd. 1.00 Branter Rd. 0.50 E 16th Fern Greeley CL 1.70 E 18th Fern Bus 34 1.00 Johnson Ln 7 to end 0.50 Lowell Ln 7 to end 0.50 TOTAL 2015 CHIP SEAL Legend a� 2015 Chip Seal 52.20 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids. Drawings, Specifications and other Contract Documents. Addendum No- #1 Date: 5.2.2015 By: Joshua Holbrook 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 the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this deyof /"� ARM:CO., r , L, 20 /5 mit: ` a./e.3 .! t, J t>n tip .41,4 r i/,G INKIER'S LEGAL SIGNATURE A" AIR ' 1 0""`'" ( STATE OF INCORPORAT OW{ C(1 /l7. a 44 ADDRESS: 5 3 0 I`44-fA 47: ei,Vtr, G0 20.?/ .. TELEPHONE NO: 3°327-A.57.5 FAX NO: 102 .[!/- 1029I ATTEST: Chipseal oil Supply 2015 (B1500118) Weld County, Colorado Addendum Number One Proposals Due; May 14, 2015 1) Page 10 - change to reflect the correct page numbers on the Bid opeaing checklist 2) Page 17 - Updated CRS -2R specification. The Following shall replace the bid schedule page (10): 2015 Bid Schedule 2015 ChipSeal Oil Supply Items # Item Quantity Unit Bid Price Per Unit Contract Price Plant Locations 1 EMULSIFIED ASPHALT (CRS -2R) PLANT PRICE ONLY 320,400 GAL Li tt 2 , 2 5 I72iy �Op�ey 1 */ 0 7S.z ! ]Q1°! JGH Co Aeky'F L0 f� 2 EMULSIFIED ASPHALT (CRS -2R) DELIVERED PRICE 320,400 GAL 2 , .95 3 ^ EMULSIFIED ASPHALT (CRS -2) PLANT PRICE ONLY 5,100 GAL 2 • 15 °10 96S." DovtY Co 'a mciude aii laboran a equipment cost necessary to make, load and (deliver — tern A2 only) material. Bidder must include the name and location of plant that material will be picked up by Weld County personal. Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents wilt disquaBfy your bid. iI Receipt of addenda(s), if any, should be signed. Er W-9 (page 11) Anti -Collusion Affidavit. (page 12) 13r Bid Schedule (page 10) L7 Signature page (page 13) I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. C o ,3,1 Te 0 -i , (Contractor) Dated this day of 4/) By: At_ Alyts.r .e if 2015 SIGNATURE The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set torth in the request for proposal for Request No. $031500118 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County_ FIRM CORI T CO BUSINESS ADDRESS 530 ( j14 Ra hMo CITY, STATE, ZIP CODE lAt► Y a<r ,,, CO TELEPHONE NO 303"•1 %6-,g S 7s FAX ?O .297- 3,0 4 . TAX ID# .2 Y- Q sQ Y.2 3 7 PRINTED NAME ANDITI E :_StV ELt /t:Si,1► / ;Cedes /Peyl >M. a V el hel r /• e E-MAIL , %fie rrc,. l4'r a rs 4r a /1 as CO D: ie. ..teal DATE my � 's WELD COUNTY IS EXEINPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551- 0000. �� ATTEST' a ��Grdet) V • ' �•j BOARD OF COUNTY COMMISSIONERS Weld . u , Ierk to the Bo • d WELD COUNTY, COLORAD BY: PROVED AS TO fJNDING nrm 1 J-9 t'ev Unaiml,er 20-.4) rx:panment or tie trees:ry Internal neversle Service cJ a, rs c ti C e a0 N Request for Taxpayer Identification Number and Certification I faros (asemwvnonyour yeppeleefelting, Name latseruedOft this Inn. dunot leavethis f.f�iatltidt. Cab?tco. Inc Give Form to the requester. Do not send to the 1145. 2 business nernehearegardedirl Py mine: dieirareet ben!above 3 ^^Check appropnats box for federal let daseiteatlon: check only ens of the followingsevenboxes: IJ Indivx uarsoig ;importer or CJ '-}Corporation reZ s Corpotanon LJ eastrrrshxp O fru.steratate sngfo-lnember lt.C ;Anhnd liability company, inter Me tax tlatvnccanon (Cot) eorporslee . FieS ;onporatsn, F,parnnersl:Ip1 e Note. For a single -member tt.C that iE disregarded do not (!leak I I C. checlr thf3 appropriate box in be line arose for the tax classification Of the single:-rnenrber owner. U Other ore ftleb ietiMtQ► 5 Address (number, street, end apt. or suite no,) 5301 North Bannock Street e City. Mate. end ZIP cede Dative', CO 80)28 Requester name 4 Exemptions (codes amply olds to certrdn entities. not individuals: see inahuOtions on page 3): Exempt payee code (it any) Exemption from FATC1 reporting code (if any) (Mart a seen.. ',win.. t ewsdo ms ils; and address loetioneg 7 list account rerrnber(a) here `ail Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding, For ineivlduals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor. or disregarded entity, see the Part I instructions on page 3. For other entities, it ht your employer identificaben number (El NO. If you do not have a number, ace How to get a ,.,..:.� may.;... Note. If the account Is In more than one name, see the Instructions inn line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Certification 6ociet soxurlry verbs, or Ole plover ldenttrcahon number ri?) 4 0 0 2- 3 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 withholrfing because; (a) I am exempt from backup withholding, or (b) I have not been notified by the Infernal Revenue Service (lI ) that I am subject to backup withholding as a result of a failure to report ail interest of dividends, or (a) 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(e) entered on this form (d 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 tailed 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 gently. psymlrits other than Interest and dividends, you are nut required to sign the tae (i(Icali x 1, bail you 'rust pruuiJe you. u.x f set TIN. See ti le instructions on page 3. Sign Signature of Here ult. person I. General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments, 4.firn,atfon about developments affecting Form W-9 (such as legislation enacted after we release it) Is at wwW.frs.govlfw9 Purpose of Form An individual or entity (Form W-9 requester) who is required to Fle an information return with the IRS must obtain your correct taxpayer identification number TIN) which may be your social security number (SSN1. individual taxpayer identification number (ITh4, adoption taxpayer idereifkadon lumber (ATIN), or employer ieenllllcatbn number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include. but are not tailed to, the following; • Form 1099-INT (interest earned or peed) • Form 1099 -UN (dividends. Including those from stocks or mutual funds} • Form teva-MISC (various types of inounvs. prizes, awards. or gross proceeds) • Form 1099-9 (stock or mutual fund solos and certain other hansoctlons by brokers) • Form 1099-S (proceeds tithe real estate transactions) • Form 1099-K (merchant card and third party network transactions) Dale► ,/ ►`0 • Fpm 1096 ('tare mortgage interest), 1090-E (student tow Merest), 1099-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you we a US. person (including a resident alien). to provide your correct TIN. If you do nor rerun Fomr W-9 fe the requester with a TIN, you might be subject fo backup wittlhokIing, See What is backup wdAholoitg7 on page 2 By signing the fled -out form, you: 1, Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2, Certify that you a m rot subject to backup withholding, or 3. Chasm exemption from backup withholding it you are a U.S. exempt payee, tf applicable, you are also certifying that as a U,S. person, your allocable share of env partnership income tram a U.S, trade or business is not sublect to the withholding tax on foreign partners' ahem of effectively connected income, and 4_ Certify that FATCA coders) entered on this form td any) indicating that you are exempt horn the FATCA reporting. is correct. See What is FATCA reporting? on page 2 for further informe'.nr,. Gat. No 10231X Form W-9 (Rev, t2-2014) COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT rau:,e^r 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 hid or, i1 not, Thal 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: I, 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 budder on tlrie piujeut have been disclosed to ma or my firm. 3A No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any limn or person, whether in connection with this or any other project, in consideration for en agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 8. 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 tfuo or any othor project, in conoidoration 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. l understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from die Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DEC,ARE 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. tla� arm r r er ke ilo+ t7ws �� 06!ot J2orS. COazTCo IS c. >u • V1C it ! e bmorcompany now isiii iwiskaf -a -nw. a, Sworn to before me this day of, i 9-- *< 20 f� Wary Pubic A;))kjUILArAMY L. WELLER NOTARY PUBLIC STATEF COLORADO NOTARY ID 20124410894 MY CONMISSIOm EXPIRES eaf201201e y„a, vials, examis V/X (/ R NOTE: This document must be signed in ink. By. Title: NOTICE OF AWARD ;015 Chipseal Oil Supply To: C�,[, is c.,l6 CO sf04.3'7' Project Description: The project in general consists of supplying 320,400 gallons of chipseal oil (plant price and delivery prices) for the 2015 chip seal projects. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 3 9&s pJ as shown in the Bid Schedule. You are required to return an acknowledged copy of this Notice of Award to the Owner. G1� Dated this day of ,, n� , 2015. Weld County, Colorado, Owner By �< Joshua Holbrook, Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by C (Contractor) Dated this day of :l/ h klat14.# S4 s /[-eu'^c Se L-171.4 //i/ r Page 14 , 2015. PRODUCER ACORD CERTIFICATE OF LIABILITY INSURANCE RENEWAL . 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 POUCIES BELOW. MACHANN INSURANCE AGENCY 11160 NO. HURON, STE. 36 NORTHGLENN, CO 80234 Serial # 117592 INSURERS AFFORDING COVERAGE DATE (MM/00/TY) 05/05/2915 NAIC# INSURED COBITCO, INC. 5301 NO. BANNOCK STREET DENVER, CO 80616 INSURER A: TRAVELERS INSURER B: PINNACOL ASSURANCE INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTAITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ��y� GATE IN4ACCXYl A A TYPE OF INSURANCE GENERAL uASSJTY COMMERCIAL GENERAL UAINUT CLAWS MADE n OCCUR X DENL AGGREGATE LIMIT APPLIES PER POLICY n SECT I I LOC AUTOYOSILE UASILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OMNED AUTOS X GARAGE LADIUTY ANY AUTO POLICY NUNSER 63050104153 81050104153 1/1/15 1/1/15 0PTY N 1/1/16 1/1/16 EACH OCCURRENCE ��0 ►hEb�.n MEO EXP (My ono Nylon( UNITS 1,000,000 $ 100,000 PERSONAL& ADV eLRRiY GENIOUL AGGREGATE 5,000 1,000,000 2,000,000 2,000,000 PRODUCTS - COMP/OP AGO COM6EED SINGLE LIMIT (Es scoldBM) 1,000,000 BODILY INJURY (Pr meson) BODILY INJURY (Par matiEn0 PROPERTY DAMAGE (Pr amde,q AUTO owl, • EA ACCIDENT OTHER THAN AUTO ONLY - EA ACC S AGO S A B EXCESSNMBRELLA UA .ITY OCCUR n CLAMS MADE TDEDUCTIBLE RETENTION S WORSENS COMPENSATION AND EMPLOYERS L/AMUTY ANY PROPRIETOR/PARTNERIEXECUTIVE OTF�V ESRNEMBER EXCLUDED, SPECIAL PRWIBS)NS M0 OTHER CUP5O104153 381672 1/1/15 1011/14 1/1/16 1011115 EACH OCCURRENCE 2.000,000 AGGREGATE • 2,000,000 X I>3I131 EL EACH ACCIDENT s 500,000 • 500.000 • 500,000 EL OBEASE - EA EMPLOYEE EL DISEASE - POLICY LINT DESCRIPTION OF OPERAT1ONSIUX LTTOMSNEN CLES/EXCLUSMONS ADOEO BY EAMORSIEMENTMPECIAL PROVISIONS IF REQUIRED IN A WRITTEN CONTRACT WELD COUNTY PUBUC WORKS IS INCLUDED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND EXCESS POLICIES. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTOMOBILE AND WORKER'S COMPENSATION AS REQUIRED BY CONTRACT. (ENDORSEMENTS ATTACHED) CERTIFICATE HOLDER CANCELLATION WELD COUNTY PUBLIC WORKS P.O. BOX 766 GREELEY, CO 80632-0758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIATION DATE THEREOF, THE ISSUMG INSURER MlL XIIIWIAVaMAL 30 DAYS wilf(TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFIXISMIYAMIEMAXACM 14K061/JWN( AUTHOR® REPRESENTATIVE ACORD 26 (2001/08) C ACORD CORPORATION 1988 Marcia Walters From: Steve Marshall <steve.marshall@cobitco.com> Sent: Thursday, May 07, 2015 4:04 PM To: bids Subject: Bid#B1500118 / Chipseal Oil Supply 2015 Attachments: WeldCo(chipseal-oil-supply)_Bid_2015.pdf; CRS-2_Specification_2009(2015).pdf; CRS-2R_Specification_2009(2015). pdf Weld County Purchasing Dept : Sending my request for bid on "Chipseal Oil Supply 2015" #B1500118. " I hereby waive my right to a sealed bid ". Steve Marshall Sales Representative COBITCO, Inc. 5301 Bannock St. Denver, CO 80216-1623 Office & Fax (970) 522-7774 I Cell (970) 520-1278 I steve.marshall@cobitco.com I www.cobitco.com The information contained in this email message may be privileged and is confidential information intended only for the use of the recipient(s), or any employee or agent responsible to deliver it to the intended recipient(s). Any unauthorized use, distribution, or copying of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files. 1 MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: May 22, 2015 FROM: Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2015 Chip Seal Oil Supply Recommendation BID NO: #B1500118 On May 14, 2015, only one bid was submitted/opened for the 2015 Chip Seal Oil Supply. Colorado, submitted the follow prices. VENDOR COBITCO INC 5301 BANNOCK ST DENVER CO 80216 EMULSIFIED CRS -2R PRICE PER UNIT PLANT PRICE (320,400 gals) EMULSIFIED CRS -2R PRICE PER UNIT DELIVERED PRICE (320,400 gals) $2.25/Gallon $2.35/Gallon ($720,900.00) ($752,940.00) PLANT LOCATION: Denver CO Cobitco, Inc., from Denver, EMULSIFIED CRS -2 PRICE PER UNIT PLANT PRICE (5,100 gals) $2.15/Gallon ($10,965.00) Even with the one bid, Public Works believes that this is a competitive bid based on the fact that Cobitco's price dropped $0.20 from 2014. The 2014 delivered price was $2.55 per gallon, and the 2015 price is $2.35 delivered. The CRS -2R oil will be used for the 2015 Chip Seal Program, HRP, and LVR Construction Projects. The CRS -2 oil is used to patch roads. It is our recommendation to award this material contract to Cobitco, Inc. for the total amount below: • 320,400 gallons (CRS -2R) at $2.35 gal. (Delivered price) $752,940.00 • 5,100 gallons (CRS -2) at $2.15 gal. (Plant price) $10,965.00 Total $763,905.00 The budgeted amount for this product in 2015 is $1,175,600.00. Cc: Curtis Hall, Operation Manager Neal Bowers, Pavement Management Supervisor Janet Lundquist, Support Services Manager Trevor Jiricek, Director of Environmental Health and General Services Marcia Walters, Purchasing Rose Everett, Purchasing M:\Maintenance Contracts\Chip Sea1120151Oi11Contract Docs12015 rec ven.doc 4j, Ca- 007 DATE OF BID: MAY 14. 2015 REQUEST FOR: CHIP SEAL OIL SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61500118 PRESENT DATE: MAY 18, 2015 APPROVAL DATE: JUNE 1, 2015 VENDOR COBITCO INC 5301 BANNOCK ST DENVER CO 80216 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwalters(aco.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 EMULSIFIED EMULSIFIED EMULSIFIED CRS -2R CRS -2R CRS -2 PRICE PER UNIT PRICE PER UNIT PRICE PER UNIT PLANT PRICE DELIVERED PRICE PLANT PRICE (320,400 gals) (320,400 gals) (5,100 gals) $2.25/Gallon $2.35/Gallon ($720,900.00) ($752,940.00) PLANT LOCATION: Denver CO PUBLIC WORKS WILL REVIEW THIS BID. $2.15/Gallon ($10,965.00) 2015-1382 a0072 Hello