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Home My WebLink About20140420.tiff BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Contract Crushing Renewal with J-2 Contacting for 2015 DEPARTMENT: Public Works DATE: 4/14/15 PERSON REQUESTING: L Jay McDonald Brief description of the problem/issue: Weld County contracted with J-2 to provide contract crushing services at Fiscus gravel pit in Northeast Weld County for calendar year 2014. The contract specified that J-2 would produce surface gravel to our specifications at a unit rate of $4.45 per ton plus a one time mobilization charge. The contract also allowed for up to 2 one year renewals. J-2 successfully completed their 2014 requirements and Public Works Department wishes to renew the contract at the same unit rate for 2015. With a target tonnage of 75,000 tons at $4.45 per ton, plus a one time mobilization charge of$18,800, and a fuel adjustment allowance of$13,000, the total amount for the renewal is $365,500. What options exist for the Board? 1. Renew the contract with J-2 Contracting 2. Do not renew the contract and seek other options for surface gravel supply. Recommendation: We cannot process material with our own crusher crew at that pit for the rate at which J-2 is charging us. Also, we believe the pit will be mined out after this year and we can begin reclamation activities. Therefore, we recommend renewal of the contract with J-2 Contracting (option 1). Approve Schedule Recommendation Work Session Other/Comments: Barbara Kirkrneyer, Chair \A- Mike Freeman, Pro-Tern 1rC7. Sean P. Conway Julie Cozad 9 cltc, C4cl�Ct.a�1'r«2�,Cer=�-'� Steve Moreno &-.)/1) M:V AdministrationAForms\WorkSession-passarounddoe ?Iv(-r._J;cri nt -≥Z, 2 �`j— 0 077- � ee2 )ow(Ko ) ao, 1-o2402o oo7o CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN I14I0[ THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND J-2 CONTRACTING, This Agreement Extension/Renewal ("Renewal"), made and entered into 8th day of April, 2O15, 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 J-2 Contracting, 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. 2014-0420, Bid No. B1400043, approved on March 12, 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 March 13, 2015. • The parties agree to extend the Original Agreement for an additional one year period,which will begin March 14, 2015, and will end on March 13, 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: Unit Price remains$4.45 per ton. Contract price is $365,500 • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTgB: :1 1-2 CONTRX/CTING ``.2 1— Signature `` ,, BOARD OF COUNTY COMMISSIONERS dvii _:/ 'tA L- %arakirkmeyer, COUNTY,CO(fl25 ATTEST: Weld �olty�r-rk to the Bo.rd , // �, r , BY: Deputy Clerk t+ the Board [86t i APPROVED AS TO SU cE: APPROVED AS TO FUNDIN ��" Vir 12k W O-"g R C Elected fi al or Department Head Director of GenerVl'Services APPROV County Atto 020/1F- o 4 r$ «a MEMORANDUM TO: Marcia Walters, Purchasing DATE: February 14, 2014 ' . . Rose Everett, Purchasing I� 1 ' FROM: Curtis Hall, Public Works Supervisor -ear >n ; § ; SUBJECT: 2014 Gravel Pit Crushing BOCC Approval Date February 26,2014 BID NO: #B1400043 The above mentioned bid closed on February 11, 2014. A total of six valid bids were received.The bid was for the crushing of gravel for use in the County's gravel road maintenance program. There were four gravel pit locations that were included in the bid. The intent is to make surface gravel at one or two of the gravel pits each year for the next three years. 1. In the spring of 2014, crushing is anticipated to occur at the North Fiscus Pit. 2. In the fall of 2014, crushing is anticipated to occur at the Koskie Pit. 3. In the winter of 2015, crushing is anticipated to occur at the Hokestra Pit. 4. In the fall of 2015, crushing is anticipated to occur at the Pierce North Pit. Upon evaluation of the bids, it was apparent that the County can save $186,200 by awarding contracts to the lowest bidder at each gravel pit location versus a single contract to the lowest overall bidder. All the bid packages submitted contained the required bid documents. After review of the bid documents, Weld County Public Works recommends that two contracts be awarded for 2014. 1. Public Works recommends that the contract for the North Fiscus Pit be awarded to J2 Contracting in the amount not to exceed $476,800.00. 2. Public Works recommends that the contract for the Koskie Pit be awarded to Dillon Construction Company in the amount not to exceed $403,000.00. The total contract amount for 2014 would be $879,800.00, which is under the budgeted amount of$1,012,500.00 pc: Trevor Jiricek, Director of Environment Health and General Services Dave Bauer, Public Works Senior County Engineer Curtis Hall, Public Works Motor Grader Supervisor Elizabeth Belford, Public Works Transportation Planner 2014 Gravel Pit Crushing Bid No.1400043 LOW BIDS/Gravel Pit Pit Unit Price Total Contractor Year N. Fiscus $ 4.45 $ 476,800.00 1-2 Contracting Spring of 2014 Koskie $ 3.50 $ 403,000.00 Dillon Const. Co. Fall of 2014 N. Pierce $ 4.02 $ 628,000.00 Cherry Creek Recycling Spring of 2015 Hokestra $ 3.00 $ 413,000.00 Dillon Const. Co. Winter of 2015 $ 1,920,800.00 DILLON CONSTRUCTION J-2 CONTRACTING Pit Unit Price Total Low bid Pit Unit Price Total Low Bid N. Fiscus $ 5.10 $ 563,000.00 N. Fiscus $ 4.45 $ 476,800.00 Hokestra $ 3.00 $ 413,000.00 * Hokestra $ 4.40 $ 551,500.00 N. Pierce $ 4.50 $ 728,000.00 N. Pierce $ 4.55 $ 707,500.00 Koskie $ 3.50 $ 403,000.00 * Koskie $ 4.60 $ 487,400.00 $ 2,107,000.00 $ 2,223,200.00 CHERRY CREEK RECYCLING RECYCLED MATERIALS COMPANY Pit Unit Price Total Low Bid Pit Unit Price Total Low bid N. Fiscus $ 5.89 $ 614,000.00 N. Fiscus $ 6.60 $ 708,000.00 Hokestra $ 4.21 $ 530,200.00 Hokestra $ 5.70 $ 712,000.00 N. Pierce $ 4.02 $ 628,000.00 * N. Pierce $ 5.50 $ 853,000.00 Koskie $ 5.05 $ 530,000.00 Koskie $ 5.50 $ 578,000.00 $ 2,302,200.00 $ 2,851,000.00 ASPHALT SPECIALTIES LANGSTON CONCRETE Pit Unit Price Total Low bid Pit Unit Price Total Low bid N. Fiscus $ 8.00 $ 833,000.00 N. Fiscus $ 11.76 $ 1,214,000.00 Hokestra $ 6.75 $ 838,000.00 Hokestra $ 11.76 $ 1,449,200.00 N. Pierce $ 7.25 $ 1,115,500.00 N. Pierce $ 11.76 $ 1,802,000.00 Koskie $ 7.50 $ 778,000.00 Koskie $ 11.76 $ 1,214,000.00 $ 3,564,500.00 $ 5,679,200.00 6 U W a rn a F o W co M W N N F o 2 V J a 0 0 0 0 0 0 0 0 T O a W n O 0 O 0 0 V m O N j N N O w 00 O M T n c! I S CD S La 0 ÷;( x O- W Or3 (7po z a # a3oN a Q ° v r F 0 Gov, �° cb a w Fa N t , e, x 0 0 ¢ 7 ,n M a) p 0 J 0 0 0 0 0 a 0 a O co 3 > I` ¢ N o O O O N N m F O O I U (n �- OZ 0 N N CO la W 0 OO - j I- w n n O 0) 03 ¢ J p M M c 0 a a a a aw a w W a E E 0 a I r W W a w W I- a F O a 0 J Q Q 0 00 0 00 00 0 N F' OU) 0 N CO 0 0 7 0 r M 6 r N 00 F W in Z en M r M 0 in a to CO n 00 0 Y I J I- F a w 0 F 0 w a s 0 00 0 0 0 0 0 I- I- U) M 0 0 0 0 0 v OD c M V r DO M N W F U V t0[) <0 co On 00 0S S S S S M N I- LL N T F I- cx v 0 z F E".., w W a CN D0 ^ x r w a s F r OW N N0 NUY > ce > O 0 z ra0 Q ¢ Q Z_ 0 LIJ z 0 0 5 W LLJ > Da' a Z JF O 0 ? wo m W 2O ° } 7 ~ V J ¢ W 0 F N w a N W r Ce � ma DTI. U N 0 FA W > 0 a' O E — D J aF � co— {C ��: wc7ao w 0 70 W ¢ a0 I- > wwr al- Urn 00 k L > LLit - 0 0FQ O F w I- ¢ 00 W � 0 z aWc Urn ° z0 0 K :p I�.x O O W m < O Z ¢ N o O z 0 W o <W5 WZ -i 0 0 000 0z p < 0 0 -10 z 2 > w 0_ 4tZ 1 F O °, Lc 7: mF- 2 # FQ w � r > V OU UJz X W� U F _i OI- _ �t.....xp� O W K O W O > z 0 -I z ❑ a' ¢ W J O U W < OW W rn 7 U J Z < O Z G w7QZU) x ° 00 W 0OQ a' OF Nma' > > x00 0UO 0 h 3 F ° a o w a 0 0 W -I N > W N z WOK O u, z a o z z z D ¢ Ww _ aa a) a xMW ° w ) w v) oW Qc. ¢ a 0 00a < - a0 on < Un0 oal- alarm arm JMU WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE 2014 Gravel Pit Crushing Contract (With options for renewal in 2015/2016) / oUNTYleft January 2014 for Weld County Public Works Trucking & Materials 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 BID NO#B1400043 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. INVITATION TO BID 3 BIDDING REQUIREMENTS Instruction to Bidders 3-7 Insurance Requirements 8-9 Acknowledgement of Bid Documents 10 Receipt of Addenda. 11 W-9 12 Statement of Qualifications and Subcontractors 13-15 Anti-Collusion Affidavit . 16 Contract Specifications and Scope of work 17-18 Bid Schedule . 19 Location Map 20 CONTRACT FORMS Bid Bond and Instructions . . . . . 21-22 Contract Extension/Renewal .... 23 Notice to Proceed 24 Notice of Acceptance 25 Agreement 26-31 BID NO#B1400043 Page 2 ******************* REQUEST NO No. B1400043 ******************* BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 1/10/2014 PAGES 3-9 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3-9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 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 Gravel Pit Crushing Contract (w/ possible 2, 1-yr 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: Tues. 2/11/14, 10:45 a.m. (Weld County Purchasing Time Clock). 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. February 3, 2014. 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/Purchasinq/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. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwalters(eco.weld.co.us or reverettco.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. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail. Mailed 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. BID NO#B1400043 Page 3 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 specified. I. 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). 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 BID NO# B1400043 Page 4 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 with the 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 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. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. BID NO#B1400043 Page 5 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 facie, 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 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. BID NO# B1400043 Page 6 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 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. BID NO#B1400043 Page 7 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 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. $2,000,000 general aggregate; $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. BID NO#B1400043 Page 8 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/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. 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. 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 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. BID NO# B1400043 Page 9 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. • Contractor must have attended the Pre-Bid Meeting. (page 19) ❑ Receipt of addenda(s), if any, should be signed. (page 12) ❑ W-9 (page 13) ❑ Statement of Qualification (must be signed and notarized) (pages 14-16) ❑ Anti-Collusion Affidavit. (page 17) ❑ Bid Schedule (pages 20) ❑ Bid Bond (pages 22-23) I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of , 20 By: Title: BID NO#B1400043 Page 10 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: 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 day of , 20 FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID NO# B1400043 Page 11 Forw W-9 Request for Taxpayer Give Fomi to the (Rev.August 2013) requester.Do not Defilement of theTieasrtry Identification Number and Certification send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Business name/disregarded entity!tame,if different from above ar rn m a Check appropriate box for federal tax dassitcation: Exemptions(see instructions):c t--t ° ❑Individual/sole proprietor U C Corporation ❑Si Corporation tr Pwtnerdiip ❑Trust/estate 4 Exempt payee condo Of any) Limited hebitity company.Enter the tax dassificatirxr(CC corporation,S_S corporation,P=partnership)► Exomptron from FATCA reporting ting C a — cafe(rt any) C d ❑ Other(see instructions)► E. Address(number,street,and apt.or suite no.) Requester's name and address(optional) E. City,state,and ZIP code List account numbs(s)heto(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a • • 1 • resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3 For other — • entities,it is your employer identification number(EIN).If you do not have a number,see How to get a • TIN on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer identification number number to enter —r--- i ii F Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me).and 2. I am not subject to backup withholding because:(a)I 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. 1 am a U.S.citizen or other U.S.person(defined below),and 4.The FATCA codes)entered on this form Of any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been 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 I signature of Here U.S.person 0- Dabs► General Instructions wrthhakiirvd tax on foreign partners'sitar eofeffectively connected inceme,and 4.Certify that FATCA creeds)entered on this km(if any)hat crhngthel you are Section references are to the Internal Revenue Code unless otherwise noted. exempt tram the FATCA repotting,is mired. Future developments.The IRS has created a page on IRS.gov to intaxmation Note.If you are a U.S.person and a requester gives you a turn other than Form about Form W-9,at www.lrs.gov/w9,Information about aft''future devtiopmernts W-9 to request your TN,you must use the requester's form if if is substantially affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9. on that page. Daeniion of a U.S.person.For federal lax purposes,you are considered a U.S. Purpose of Form person if you are: A person who is'Nutted to file an infotntalion return with the IRS must obtain your •An indtvktcua3 who is a U.S.rrLzvn or U.S.resident alien, correct taxpayer identification number(TIN)to report,for example,kxprne paid to •A partnership,corporation,company,or association created or organized in the you,payments made to you in settlement ot payment card and third party network United States or inter the laws of the United States, transactions,real estate transactions,mortgage interest you paid,eat citation or •An estate(other than a foreign estate).or abandonment of seared property,cancellation of debt,or contiibutions you made to an il1A •A&elastic trust(as defined in Regulation;section 301/701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for partnerships.Par-Muskies than conduct a trade or bustles in provide your oorrect TIN to the person requesting it(the requester)and,when the United Slates are generally requred to pay a'withholding tax under section applicable,to' 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain oases where a Farm W-I)has not boon teemed, 1.Certify that the TN you are giving is correct(or you are waiting Ira a amber the rules under section 1446 requi e a partnership to presume that a partner is a to be issued), foreign person,and pay the section 1446 withholding tax.T eretore,if you are a 2.Cettrty that you are not sublect to backup withholding,or U.S.person that is a partner in a partnership concluding a trade err business in the 3.Claim exemption from backup withholding if you are a U.S.exempt payee.t United States,provide Form W-9 to the partnership to establish your U.S,stales applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1 MCu withholding on you share of partnership'income. any partnership income from a U.S.trade or business is not subtect to the Cat.No.10231X From W-9(Rev.S-2013) BID NO# B1400043 Page 12 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 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): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 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? 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: 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. 8. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 9. Describe all contracts that the Company failed to complete. BID NO#B1400043 Page 13 10. Describe all contracts on which the Company defaulted or from which the Company was terminated. 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 12. List the principal members of the company who will be involved with this project. YRS. PERTINENT NAME TITLE EXPERIENCE 13. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. 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 day of , 20 Bidder: Company By: Signature Name: (Please Type) Title: BID NO#B1400043 Page 14 NOTARY County of ss. State of Being duly sworn, deposes and says that he is Of , and (Title) (Company Name) That the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 20 (SEAL) BID NO#B1400043 Page 15 COLORADO DEPARTMENT OF TRANSPORTATION wFWEi;rFl4 ANTI-COLLUSION AFFIDAVIT LOC.TOu I hereby attest that I am the person responsible within my firm for the final decision as to the prices)and amount of this bid or,if not,that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s)and amount of this bid have been arrived at independently, without consultation,communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project,and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit,cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project,or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. • 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an Intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation,communication,agreement or discussion with,or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project,in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid,or agreeing or promising to do so,on this project. 7. I have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilities relating to the preparation,approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation, discussion, agreement,collusion,or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE,AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Cnn'rac1ors(inn or company name 3y Da' Till,, _GO'. :r c.r Alm or company name,I II loft ventarai :ale Title _....__. Sworn to before me this day of, 20 •ap;,ry r u0)1.c i.M,mission e/jnre3 NOTE: This document must be signed in ink. CDDT Fomi 1606 1/02 BID NO#B1400043 Page 16 Purpose Processing (screening, crushing and stockpiling) of raw materials(pit run and dirt) into Weld County surface gravel according to the gradation and specifications defined herein (see Table 7.8). Protect Location(s): Any Weld County pit or processing location within the geographical boundary of Weld County, Colorado. The current permitted sites are listed below along with the bid proposal for each and in the scope of work section. A map showing the locations is also included on page 21. Weld County may desire to process a single location or several locations per year. Bidders should consider each site separately and as if only one site were to be processed annually. 1) Fiscus Pit — Sect. 7, Twnshp 10 N., range 57 W., of the 6th Prime Meridian, Weld County, Colorado. One mile East of CR 127 on CR 116, south side of road. Twenty-four hour operation allowed. 2) Hokestra Pit — Sect. 2, Twnshp 2 N., range 68 W., of the 6th Prime Meridian, weld County, Colorado. One half mile east of Interstate 25 frontage road on CR 24.5, North side of road (adjacent to Weld County Southwest Service Center. Restricted hours of operation. 3) Pierce North Pit— Sect. 1, Twnshp 8 N., range 66 W., of the 6th Prime Meridian, weld County, Colorado. North West Corner of the intersection of Weld County Road 96 and 77. Restricted hours of operation: 0600 hours to 1630 hours 4) Koskie Pit— Sect. 12, Twnshp 10 N., range 67 W., of the 6th Prime Meridian, weld County, Colorado. East half of aid section, approximately 1 mile East of CR 23 on CR 120, South side of road. Hours may be restricted by property owner. Scope of Work and General Specifications: Processing (screening, crushing and stockpiling) of raw materials(pit run and dirt) into Weld County surface gravel according to the gradation and specifications defined herein (see Table 7.8). All stockpiling will be on-site within conveyor/stacker reach of the plant. Only surface gravel will be a pay item. Pit run material will be un-excavated, unless otherwise noted. Dirt(required for plasticity) may not be available on site. It will be the responsibility of the successful bidder to acquire and import material for plasticity if needed. It will not be the responsibility of the contractor to remove from the permitted site, any screened off material produced and un-used as a result of the surface gravel processing operation. All material excavated, produced or stockpiled will be the property of Weld County and may not be sold, traded or otherwise disposed of by the contractor. This applies to structural fill as well as surface gravel. The only exception is dirt imported from off site to make plasticity. At the conclusion of crushing operations, excess imported dirt may be removed by the contractor within 60 calendar days from the last day of crushing for that year. Otherwise the dirt(or any other imported material left at the site) will be considered abandoned and become the property of Weld County. Gradation and Plasticity Index Table 7.8 Sieve Designation Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 20 Gravel Standard Mesh Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Surfacing (mm) (in) 150.00 6 100 100.00 4 100 75.00 3 95-100 63.00 21/2 100 50.00 2 95-100 1OO 37.50 1 1/2 90-100 100 25.40 1 95-100 100 19.00 3/4 50-90 100 100 4.76 No.4 30-65 30-50 30-70 30-65 50-78 2.38 No. B 25-55 20-85 37-67 0.42 No. 40 13-35 0.07 No. 200 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 0 0 0 0 4-12 BID NO#B1400043 Page 17 Mobilization- Each site will be allowed a onetime mobilization fee. There will be no provision for a pay item for plant components added or replaced after the initial mobilization Hours of Operation- See project locations for each Gravel pits hours of operations. Permits and Notices-Weld County has and will provide Air Pollution Emissions Notices (APENS) to the Colorado Department of Public Health and Environment (CDPHE) for any permitted gravel pit that the contractor is contracted to process material at. It will be the responsibility of the contractor to provide APENS for the crushing plant and its components, and any required Notices and/or permits to the appropriate State or Federal agencies for the moving and set-up and operation of the plant components. Any annual production notices to the United States Geological Survey will be the responsibility of the County. The Contractor is not responsible for any water related issues including any pumping for dewatering. All contractor employees at the site shall be MSHA trained and certified for the pieces of equipment they are operating. Target Volume- Each site will have a minimum tonnage of surface gravel to be produced. The target tonnage may be increased if County operations require the need for additional surface gravel resources at any site. Should there not be sufficient pit run material at the site to produce the minimum tonnage of surface gravel; the contractor shall notify the County as soon as the situation is identified. The County will provide the contractor with direction how this situation is to be handled. Reclamation- Mine reclamation is not part of this contract. 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. February 3, 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 Terms and Conditions: All contractors will be required to sign Weld County's construction service Agreement (see example on pages 27-33). The Agreement shall commence approximately February/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 ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record (ENR) for the Base Course item. That increase will be based on the percentage change from year to year. 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 "Fuel Cost Adjustment" below) Fuel Cost Adjustment-The cost per ton for processing will remain at the contracted price unless the cost per gallon of diesel fuel rises more than 24 (twenty four) cents above the base price listed in the contractor's bid. The cost per ton paid to the contractor will increase for every 25 cent increase in the cost per gallon of diesel fuel. The cost per ton will likewise decrease at the same rate for every 25 cent decrease in the cost of fuel, but will not decrease lower than the base cost per ton bid price for each site. Contractor must verify his cost per gallon for diesel fuel by submitting, with his bid, a copy of his fuel contract or a copy of his latest invoice for diesel fuel. Also, the same must be submitted annually in conjunction with the contract renewal. Weld County may at any time during the term of this contract, require contractor to verify his current fuel cost. BID NO# B1400043 Page 18 Bid Schedule 2014 Gravel Pit Crushing Fuel Cost Changes: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 ton bid price shall be increased by$ per ton. Likewise,the base price per ton shall decrease at the same rate for any decrease in fuel cost, not to decrease below the original per ton bid price. Contractor base price for diesel fuel$ per gallon Item# Item Description Estimated QTY Unit Unit Price Total Price 1 Crushing Fiscus Pit 100,000 Ton 2 Mobilization—Fiscus Pit 1 Lump Sum Fiscus Pit Grand Total 3 Crushing Hokestra Pit 120,000 Ton 4 Mobilization—Hokestra Pit 1 Lump Sum Hokestra G dTotal Pit ran 5 Crushing Pierce North Pit 150,000 Ton 6 Mobilization—Pierce North Pit 1 Lump Sum Pierce North Pit Grand Total 7 Crushing Koskie Pit 100,000 Ton 8 Mobilization—Koskie Pit 1 Lump Sum Koskie an K k PtG d Total . 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 day of , 20 FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: BID NO#B1400043 Page 19 LOCATION MAP Ly.•.••v•i ,,TYI .1 •.• N-••• •.�• t ..•••t •r1.•a.f� :••*".... 1 • Ii.. .; : • 8 N 4 ..•. ..1 ,. .i s t b .sue'`�Lt t 1 t:::. i • :„t •r•• • •'.•I• • • . pptcap� o�cp s• pQpf Fyn . • l y• ' :' •• •: •• • .t"S ATAril t 34 t"�C�ic•k��NOmtORfVo` .•S . •L• 4 .�.. \•.•• •1'• j. t .•...1 • i•... ..•�.{ 7 i.a• •7 •.mow.... •s.-,•t'° S•,r .••••••4.....t...... y •••J '..:,.dui: cr) i ,..I.4.•-+Y! . -if---•:•• .; ems.•., . b•. �: •:' 5 Y . i • • :1. : l'r 'J"‘•. i x-4• _ 777 •' M i �7 .• _ 1.Iii ••.. • . r, •• 4.•• • :... ._,.... .. lit 1,401...ma I. .1 4.4lit_•I.: : , .. . Y� vl . fl ' re1 � ; � c: in,• C0 - r!1 - � 3�•.rv' laiC)�Y1fl ig .� ..Y-L 1 1 • r' a igurr,,,... Al alriV•ti !.E15j1ila 4101k112.4"541. Z _CO '4+- N � 0 — v, oD ZF- Da Za. OJ 0 a E Q 7 CU in V.v N W C[ O w ii=ate C0 O ~ J In s-N(co'Cr" BID NO#B1400043 Page 20 BID BOND 2014 Gravel Pit Crushing KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2014 for the 2014 Gavel Pit Crushing as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2014 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: • Surety ATTEST: Address By: BID NO#B1400043 Page 21 INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. • • • • • • BID NO# B1400043 Page 22 • SAMPLE • CONTRACT EXTENSION / RENEWAL 2014 Gravel Pit Crushing Date: Project: 2014 Gravel Pit Crushing, Bid No. B1400043 Owner: Weld County Public Works Department, PO Box 758, Greeley, Colorado 80632 Consultant: The following change is hereby made to the Contract Documents: Contract Time Extension: Change to Original Rate Schedule: CHANGE TO CONTRACT PRICE: CHANGE TO CONTRACT TIME: The Contract time will be increased by calendar days. RECOMMENDED: Owner Representative: Date: Douglas Rademacher, (Chair) Supervisor: Date: Director: Date: APPROVALS: Contractor: By: Date: Title: BID NO# B1400043 Page 23 SAMPLE NOTICE TO PROCEED 2014 Gravel Pit Crushing To: Date: Name of Project: 2014 Gravel Pit Crushing Contract as described in the Invitation for Bids, Bid No. B1400043 You are hereby notified to commence Work in accordance with the Agreement dated 20 . The date of completion of all Work is therefore , 20 Weld County, Colorado, Weld County By Jay McDonald Trucking and Materials Supervisor Weld County Public Works ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 20 By Title BID NO# B1400043 Page 24 SAMPLE NOTICE OF ACCEPTANCE 2014 Gravel Pit Crushing Contract TO: Date: RE: 2014 Gravel Pit Crushing Contract described in the Invitation for Bids, Bid No. B1400043 Weld County, Colorado, Weld County By: Jay McDonald Truck and Materials Supervisor Weld County Public Works Department BID NO#B1400043 Page 25 SAMPLE WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & THIS AGREEMENT is made and entered into this day of , 2013, 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 , [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is 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 Proposal (RFP) as set forth in "Bid Package No. B ". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. WITNESSETH: WHEREAS, [Weld County Road 1 OR [Bridge 1 is in need of repair as a result of , (hereinafter referred to as the "Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road OR bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction 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 Construction 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. 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 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 term of this Agreement, it shall fully coordinate its construction 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 BID NO# B1400043 Page 26 those described in this Agreement. Contractor shall further be responsible for the timely completion, and the coordination of all services rendered by it and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor 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 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 formal resolution of the Weld County Board of County Commissioners. 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 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. This includes, but is not limited to, reports, data, plans, drawings, records and computer files 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. BID NO#B1400043 Page 27 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 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 termination 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 construction 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. C. Contractor has the requisite ownership, rights and licenses to perform its obligations under this Agreement fully as contemplated hereby and to grant to County all rights with respect to the software and services free and clear from any and all liens, adverse claims, encumbrances and interests of any third party. 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 services. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of covenant or default which may then exist on the part of Contract Professional, 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; and 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, any services performed 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. BID NO#B1400043 Page 28 11. Insurance and Indemnification. 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, 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 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 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, 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 written consent of 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. Beginning ninety (90) days after County makes final payment under this Agreement, County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. 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 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 David Bauer, Director, Weld County Department of Public Works, or his designee. 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. (each of which is specifically incorporated herein) contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, BID NO# B1400043 Page 29 r representation, and understanding 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. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 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. §§24-18-201 et seq. and §24-50- 507.The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict 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 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, Contract Professional 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 perform 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 BID NO#B1400043 Page 30 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. 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 Contract Professional, 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 201_. CONTRACTOR: By: Date Name: Title: COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board BID NO# B1400043 Page 31 r$6r✓�✓ t : = MEMORANDUM v '� . ..G OuN T_ � TO: Clerk to the Board DATE: March 7, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid#B1400043 Agreement for Construction Services with J-2 Contracting,North Fiscus Pit. One original is attached. a Enclosures pc: Jay McDonald, Clay Kimmi, Curtis Hall, Trevor Jiricek de /on; as M:\Francie\AGENDA memos\A4 endaJosh.docx --/6'-itf fly-D2l�o `J tg • 14 Cwt 44,6_ 64.0,070 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY&J-2 CONTRACTING COMPANY NORTH FISCUS PIT THIS AGREEMENT is made and entered into this /orday of Ai , 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 J-2 Contracting Company, [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is PO Box 129, 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. B1400043". 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,North Fiscus Pit is in need of Gravel pit crushing, (hereinafter referred to as the"Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the services at North Fiscus Pit, and WHEREAS, County requires an independent contract construction professional to perform 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 term 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$ , 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, (I) 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 termination 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. &S 24-18-201 et seq. and 424-50-507. 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 nile, 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 perform 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 201 . CONTRACTp By: Date Lilt"' V Name: S lea./e., Title: y ccrc tvt- WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ticker at9WYP W ,ok. glat Rade acher, Chair Weld County Clerk to the Board �� a MAR 1 2 2014 BY: -0." Deputy Cle to the BoardFrA AGREEMENT FOR CONSTRUCTION SERVICES Page 8 cA9 / O 5/ O Exhibit A REQUEST NO No. B1400043 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 1/10/2014 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: A. 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 Gravel Pit Crushing Contract (w/ possible 2, 1-yr renewals) Department of Public Works B. 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: 2/13/2014, 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/Purchasing/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. Bid Delivery to Weld County—3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwaltersCa7co.weld.co.us or reverett@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 BID NO#B1400043 Page 3 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. Mailed 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 specified. I. 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 RIP NO#B1400043 Page 4 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). 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 with the 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. RID NC#B1400043 Page 5 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 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. All 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 facie, 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 math BID NO#B1400043 Page 6 4 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in 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. BID NO#B1400043 Page 7 I. 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. 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. 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: BIN NO it B1400043 Page 8 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 0001 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; H. $2,000,000 general aggregate; Hi. $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; Hi. 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/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. 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 BID NO#B1400043 Page 9 waive subrogation rights against County. 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. q Y A provider of Professional Services (as defined in the Bid or RFP) shall 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#61400043 Page 10 Purpose Processing (screening, crushing and stockpiling) of raw materials (pit run and dirt) into Weld County surface gravel according to the gradation and specifications defined herein (see Table 7.8). Project Location(s): Any Weld County pit or processing location within the geographical boundary of Weld County, Colorado. The current permitted sites are listed below along with the bid proposal for each and in the scope of work section. A map showing the locations is also included on page 21. Weld County may desire to process a single location or several locations per year. Bidders should consider each site separately and as if only one site were to be processed annually. 1) Fiscus Pit — Sect. 7, Twnshp 10 N., range 57 W., of the 6th Prime Meridian, Weld County, Colorado. One mile East of CR 127 on CR 116, south side of road. Twenty-four hour operation allowed. 2) Hokestra Pit - Sect. 2, Twnshp 2 N., range 68 W., of the 6th Prime Meridian, weld County, Colorado. One half mile east of Interstate 25 frontage road on CR 24.5, North side of road (adjacent to Weld County Southwest Service Center. Restricted hours of operation. 3) Pierce North Pit — Sect. 1, Twnshp 8 N., range 66 W., of the 6th Prime Meridian, weld County, Colorado. North West Corner of the intersection of Weld County Road 96 and 77. Restricted hours of operation: 0600 hours to 1630 hours 4) Koskie Pit — Sect. 12, Twnshp 10 N., range 67 W., of the 6th Prime Meridian, weld County, Colorado. East half of aid section, approximately 1 mile East of CR 23 on CR 120, South side of road. Hours may be restricted by property owner. Scope of Work and General Specifications: Processing (screening, crushing and stockpiling) of raw materials (pit run and dirt) into Weld County surface gravel according to the gradation and specifications defined herein (see Table 7.8). All stockpiling will be on-site within conveyor/stacker reach of the plant. Only surface gravel will be a pay item. Pit run material will be un-excavated, unless otherwise noted. Dirt(required for plasticity) may not be available on site. It will be the responsibility of the successful bidder to acquire and import material for plasticity if needed. It will not be the responsibility of the contractor to remove from the permitted site, any screened off material produced and un-used as a result of the surface gravel processing operation. All material excavated, produced or stockpiled will be the property of Weld County and may not be sold, traded or otherwise disposed of by the contractor. This applies to structural fill as well as surface gravel. The only exception is dirt imported from off site to make plasticity. At the conclusion of crushing operations, excess imported dirt may be removed by the contractor within 60 calendar days from the last day of crushing for that year. Otherwise the dirt(or any other imported material left at the site)will be considered abandoned and become the property of Weld County. Gradation and Plasticity Index Table 7.8 SteveDgstgnatorz Ma_ss'Persent Passyng SgUace;Mesh Sieves: .,.,,.,, , t , ., LL not greater than 35 LL not greater than 20 Gravel Standard Mesh Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Surfacing (mm) (in) 150.00 6 igniliiinrag r aa' 100 �., ._. :v .a xd s`' .;F ip Rrak�'�' p. s s ,.n „ za ;� 100.00 4 MIEMI 100 2O01111 NOM ' ^� ,,i _...,: r x Elmo 75.00 3 P 11 ,:: 95-100 Salit,1 a31 p_ex.....: ,. ilrlll ... ' r. . .1"n 63.00 2 1/2 iffiamtommiR,Siglimma100 lht;.,, ,r G f "J iS arilEHMINPn 50.00 2 95-100 i 100 __m'" Nr fNFEMIT 37.50 11/2 ; ft: r" "l Tigt 90100 100 imiglEME pacraIR , ' 25.40 1 TSP ' 95-100 ERFAIMIffoil 1 100 niNkhin,v ' 19.00 3/4 iiiiHigfliggiqtatpiaa °° 50-90 100 relagg 100 4.76 No.4 30-65 r,,, :fir _- 30-50 30-70 30-65 mairdiaa 50-78 2.38 No. 8 !Man ta` ," ng 25-55 20-85 37-67 0.42 No.40 EiminuimiS5 EaVireta IRAIatrainuggitarp 13-35 0.07 No. 200 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 _ Plasticity Index I 0 0 0 0 0 0 0 4-12 BID NO#B1400043 Page 18 Mobilization- Each site will be allowed a onetime mobilization fee. There will be no provision for a pay item for plant components added or replaced after the initial mobilization Hours of Operation- See project locations for each Gravel pits hours of operations. Permits and Notices-Weld County has and will provide Air Pollution Emissions Notices (APENS) to the Colorado Department of Public Health and Environment(CDPHE)for any permitted gravel pit that the contractor is contracted to process material at. It will be the responsibility of the contractor to provide APENS for the crushing plant and its components, and any required Notices and/or permits to the appropriate State or Federal agencies for the moving and set-up and operation of the plant components. Any annual production notices to the United States Geological Survey will be the responsibility of the County. The Contractor is not responsible for any water related issues including any pumping for dewatering. All contractor employees at the site shall be MSHA trained and certified for the pieces of equipment they are operating. Target Volume-Each site will have a minimum tonnage of surface gravel to be produced. The target tonnage may be increased if County operations require the need for additional surface gravel resources at any site. Should there not be sufficient pit run material at the site to produce the minimum tonnage of surface gravel; the contractor shall notify the County as soon as the situation is identified. The County will provide the contractor with direction how this situation is to be handled. Reclamation- Mine reclamation is not part of this contract. 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). Bidder attendance may be by phone conference on the day and at the time scheduled. The conference is scheduled for 10:00 A.M. February 3, 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 Terms and Conditions: All contractors will be required to sign Weld County's construction service Agreement(see example on pages 27-33). The Agreement shall commence approximately February/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 ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record (ENR) for the Base Course item. That increase will be based on the percentage change from year to year. 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"Fuel Cost Adjustment" below) Fuel Cost Adjustment-The cost per ton for processing will remain at the contracted price unless the cost per gallon of diesel fuel rises more than 24 (twenty four) cents above the base price listed in the contractor's bid. The cost per ton paid to the contractor will increase for every 25 cent increase in the cost per gallon of diesel fuel. The cost per ton will likewise decrease at the same rate for every 25 cent decrease in the cost of fuel, but will not decrease lower than the base cost per ton bid price for each site. Contractor must verify his cost per gallon for diesel fuel by submitting, with his bid, a copy of his fuel contract or a copy of his latest invoice for diesel fuel. Also, the same must be submitted annually in conjunction with the contract renewal. Weld County may at any time during the term of this contract, require contractor to verify his current fuel cost. BID NO#B1400043 Page 19 LOCATION MAP a9....... : .^.1.: .....,: N"'. 1 IICOCfr,FNgC005.4 NO } h(IXOfOCOfIX(1l(141N�INQdVVmm mNNNNNTm-0J(OVN i _y .J,, :.r....F. , •" r...F.7 i • v.• �: : ♦ • 1 •,? . M • 1} p. : f. .I • ;..I. pa ae : r•111‘.:.• �8 • .8.: o ♦ p 7-1-41 • •N: of 4.1 o f •: ��^ 4.•• ryp T�.c FJ� 11� 17 �-t. " : tt m y,.. ..... .. r : p fi t sit - H-! 1 '•, Ik1®�1 St g •r 1p . fd.hi G 1'n Y. ��.�aaa.. Ililit rrr1 EllTir I �T F c • Ac.WAi 1Nii-i w fRiEl":31114110ritgling wive- 60 Z N z N D Lo U CL Q 3 0 Z 1—, D d Z a O• J 0 a IL a z 0- Q 0- O N ' N N N tc J Q 2t °2 X U � No 0 O � S x a OI J N Rric BID NO#B1400043 Page 21 Exhibit B 2014 Gravel Pit Crushing • Fuel Cost Changes: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, forevery twenty five(25)cent increase in the cost of diesel fuel,theper ton bidprice shall be increased by$ per ton. same rate for any decrease in fuel cost,not to decrease below the original Likewise,the base price per ton shall decrease at the o per ton bid price. Contractor base price for diesel fuel$ per gallon Item# ' Item Description Estimated QTY Unit Unit Price Total Price 1 Crushing Fiscus Pit 100,000 Ton $4.45 $445,000.00 2 Mobilization—Fiscus Pit 1 Lump Sum $18,800.00 $18,800.00 3 Fuel Cost Adjustment 1 Lump Sum $13,000.00 $13,000.00 Fiscus Pit Grand Tatar $476,800.00 4 Crushing Hokestra Pit 120,000 Ton $4.40 $528,000.00 5 Mobilization—Hokestra Pit 1 Lump Sum $13,000.00 $13,000.00 6 Fuel Cost Adjustment 1 Lump Sum $13,000.00 $13,000.00 Hokestra Pit Grand Total $551,500.00 • 7 Crushing Pierce North Pit 150,000 Ton $4.55 $682,500.00 • 8 Mobilization—Pierce North Pit 1 Lump Sum $12,000.00 $12,000.00 9 Fuel Cost Adjustment 1 Lump Sum $13,000.00 $13,000.00 • Pierce North Pit Grand Total $707,500.00 10 Crushing Koskie Pit 100,000 Ton $4.60 $460,000.00 . 11 Mobilization—Koskie Pit 1 Lump Sum $14,400.00 $14,400.00 • 12 Fuel Cost Adjustment 1 Lump Sum $13,000.00 $13,000.00 . Koskie Pit Grand Total $487,400.00 Bidder must included the $13,000 Fuel Cost Adjustment in bid for each Gravel Pit 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 11TH day of February ,2014 FIRM NAME: J-2 Contracting Company BY: Chris Leone TIT . resifient • BIDDER'S LEGAL SIGNATURE: .".•."71' _ STATE OF INCORPORATION:Colorado ADDRESS:PO Box 129 Greeley,CO 80632 TELEPHONE NO: 970/392-0694 FAX NO: 97+0/392-0695 ___ ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. Contractor must have attended the Pre-Bid Meeting. (page 19) Receipt of addenda(s), if any, should be signed. (page 12) r ' W-9 (page 13) • • t Statement of Qualification (must be signed and notarized) (pages 14-16) V‘ Anti-Collusion Affidavit. (page 17) iV Bid Schedule(pages 20) D Bid Bond (pages 22-23) n � f L''�' ecd • 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. J-2 Contracting Company (Contractor) Dated this 11'h day of F rua ,2014 By: Chris Leone, Title: President f I BID NO#B1400043 Page 10 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: 2/03/2014 By: Chris Leone • Addendum No. 2 Date: 2/05/2014 By: Chris Leone Addendum No. 3 Date: 2/05/2014 By: Chris Leone 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 11Th day of February , 2014 . • FIRM NAME: J-2 Contracting Company BY: Chris Leone TITLE: President • BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: Colorado ADDRESS: PO Box 129 Greeley, CO 80632 TELEPHONE NO: 970/392-0694 FAX NO: 970/392-0695 ATTEST: C4b BID NO#B1400043 Page 11 ' Form W-9 Request for Taxpayer Give Fenn a ow.August 2013) Identification Number and Certification requester.Do not • Deportment of the Treasury send to the IRS. . Internal Revenue Service I Name(as sheen on you income tax return) a S:02 lonrrednitty i N Business name/disregarded entity ,if different fro above 0 ea • a a Check appropriatebcaforfederalto classification. �� Exemptions(seefnstructions): • ❑lndividuaVaole proprietor ❑ C Corporatiorn Ili 4 Corperatiar ❑ Partnership ❑Trust/estateco r p.0 Exempt payee code it any) f • -t ❑Limited liability company.Enter the tax classification(CoC corporation,S S capara&er,Pleartnerstrip)► Exemption from FATCA reporting `: t 1.5 code(d arty) y ❑ Other(see instentietd)► i . 0 Address(number,street,awi.*.*nude no.) Requester's name and address(optional) I OC to r ,state,and ZIP code • List account n u (sriere(otAia j I I Part I Taxpayer Identification Number(TIN) I li Enter your TIN in the appropriate box.The TIN provided must match the name given on the°Name"line I Social r.ecurity number I 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 Pan I instructions on page 3.For other - -entities,it is your employer identification number(EIN).If you do not have a number,see How to get a I 77N on page 3. I Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification lumber i,• number to enter. 0y - / , e/6 U Ito Part II Certification 1 Under penalties of perjury,I certify that: • T. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue I 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 t am . no longer subject to backup withholding,and • 3. I am a U.S.citizen or other U.S.person(defined below),and 1 4.The FATCAcode(s)entered on this form(if any)indicating that I am exempt from FATCA reporting Is correct- i 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 t because you have failed to report at 1 rest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage • interest paid,acquisition or aband nt of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and I generally,payments other than i r st and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the I instructions on page 3. ' r Sign Signature of e' /) Here TU.S.parse � •- Date D- a,///,,,24O1 I General In ructions withhdrfmg tat din foreign partners'share of effectively connected income,and 4.Certify that FATCA code(s)entered on this form fa any)indicating that you are Section references are to the Internal Revenue Code unless otherwise noted, exempt from the FATCA reporting,is correct. Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form i about Form W-9,at www rrs.goWw9.Intomratien about any future developments w_9 to request your T1N,you must use the requester's form flit is strbstantatty • ' affecting Form W-9(such as legislation enacted after we release it)will be posted simtar to this Form W-9. I on that page. t)etniaon of a U.S.person.For federal tax purposes,you are tarsi dared a U.S. Purpose of Form person tf you are: •An A person who is regrired to fie an information return with the IRS must obtain your individual who 6 a U.S.dBzen or U.S.resident den, i correct taxpayer identification number MN)to report,ter example,income paid to •A partnership,corporation,company,or association created or organized in the you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions,real estate transactions,mortgage interest you paid,acgrisition or •An estate(other than a foreign estate),or abandonment of secured property,cancellation of debt,or contributions you made •A danestic trust(as defined in Regulations section 301.7701-7). to an IRA • Use Form W-9 only if you area U.S.person(including a resident aben),to Special rules for partnerships.Partnerships that conduct a trade or business in provide your conectTlN tothe person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section ' applicable,to: 1446 many foreign patentee'share of e4kcri con nected cnected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, s• 1.Certify that the TIN you are giving is correct(or you are waiting ng for a number the rules tender section 1445 recline a partnership to presume that a partner is a • i to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,it you are a 2.Certify that you are not subject to backup withholding,or U.S-person that is a partner in a partnership conducting a trade or business in the 3.Claim exemption from backup wignholdin_ ifyou are a U.S.exempt Untied States,provide Fort W-9 to the partnership to establish your U.S.status 1 p q payee.If and avoid section 1446 withholding on your share of partnership income. applicable,you are also certifying that as a U.S.person,your allocable share of ) any parbnas ip insane freer a U.S.trade a business is not subject to the Cat.No.10231X Form W-9(Rev.8-2013) I. BID NO#31400043 Page 12 I.. STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: February 11, 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):J-2 Contracting Company 2. Permanent main office address: PO Box 129. Greeley, CO 80632 Phone Number 970/392-0694 Fax Number: 9701392-0695 3. Year Company was organized: 1995 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 18 • 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? • J-2 Contracting Company has been engaged in this type of business for 18 years performing bonding work. • • 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: See Attached Status of Contracts 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 . . .yam BID NO#81400043 Page 13 10. Describe ail 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 None 12. List the principal members of the company who will be involved with this project. YRS. PERTINENT NAME TITLE EXPERIENCE Chris Leone President 12 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 111h day of February 20 14. Bidder. J- ontr incl.,Company Co any By: _ Signature Name: Chris Leone (Please Type) • Title: President • BID NO#B1400043 Page 14 NOTARY County of Weld ss. State of Colorado Chris Leone Being duly sworn, deposes and says that he is President Of J-2 Contracting Company , and (Title) (Company Name) That the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this 11th day of February ,20 14 . (SEAL) CARol L SI iMA NOTARY PUBLIC OF STATE OF COLORADO NOTARY ID 20044008717 MY COMMISSION EXPIRES MARCH 12, 2017 BID NO#B1400043 Page 15 • COLORADO DEPARTMENT OF TRANSPORTATION PROJECTNO 1 _/ r/0 ,�J/q - j ANTI-COLLUSION AFFIDAVIT LOCATM GL ,(/ W `f� /(2. 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,f not,that I have written authorization,enclosed herewith,lrom that person to make the statements set out below on his or her behalf and on behalf of my firm. 1 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 Wm or person who is a bidder • or potential prime bidder. 2A. Neither the price(s)nor tie 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. Nether 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 o1 this firm,or any intentionally high or non- competitive bid or other form of complementary bid. 33. 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- petitiive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person,or offered,promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project,in consideration for my firm's submitting any intentionally high, • noncompetitive or other form of complementary bid,or agreeing or promising to do so,on this project. 7. I have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilfies 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,consuitatian, discussion, agreement,collusion,or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation,of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE,AND ANY OTHER APPUCABLE STATE OR FEDERAL LAWS,THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRU AND COMPLETE TO THE BEST • OF MY KNOWLEDGE. • Convectors firm or company name By • • Dale • 2nd contractors on company name.(II joint venture.) By Date Tine Sworn to before me this // day of, 20/y Notary Pl(201: ave, Cool L SFiiMA My commission expires f& ,,tot NOTARY PUBLIC • f- NOTE: is d ctfinent must be signed in info STATE OE COLORADO NOTARY F8 200,400 7! 7 COOT Form 0606 1/02 MY COMMISSION EXPIRES MARCH i 2, 2017 • • r , BID NO#61400043 Page 16 Client#:45027 JTWOC ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(NVAIDDNYYY) 3/06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policyfies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nancy Keiser Flood& Peterson Ins.,Inc. PHONE 970 356-0123 Vic,No): 9705066836 (A/C,No,Est): P.0.Box 578 n DD RIEss, nkeiser@floodpeterson.com Greeley,CO 80632 INSURER(S)AFFORDING COVERAGE NAIC# 970 356-0123 INSURER A:Travelers Insurance Company INSURED INSURER B: J2 Contracting Company,Inc. INSURER C: PO Box 129 INSURER D: Greeley,CO 80632 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WWIMI LIMITS LTR INSR W POLICY NUMBER (MDD/YYYY) (MNVDDM'YY) A GENERAL LIABILITY DTCO325D65761ND14 01/01/2014 01/01/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea TUpo iufnce) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X PD Ded:2,500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X jECI LOC $ A AUTOMOBILE LIABILITY 810325D6576TIL14 01/01/2014 01/01/2015 Ea accitlenq COMBINED SINGLE LIMIT $1,000,000 ( X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUN-OWNED Cerra accidenROPERTY t) AUTOS 8 A UMBRELLA LIAB OCCUR CUP325D6576TIL14 01/01/2014 01/01/2015 EACH OCCURRENCE s4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED I XI RETENTION$10,000 $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANYIPRWMEE ORER PARTNER/EXECUTIVE ED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Leased/Rented QT6607225L939TIL14 01/01/2014 01/01/2015 $750,000 Ded.$1,000 Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 2014 Gravel Pit Crushing Contract: Certificate holder is included as Additional Insured as required by written contract but only as respects liability arising out of work performed by the named insured.Insurance is primary and non-contributory. Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION Weld County PUIIC Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1111 H Street ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESENTATIVE c 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #5868740/M845337 NEK A CERTIFICATE OF LIABILITY INSURANCE 9/16/2013) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Autumn Lee, CISR NAME: Moody Insurance Agency, Inc. PHONE Pa/c N.Extl. (303)824-6600 I IA/C,Nol'(303)370-0118 8055 East Tufts Avenue E-MAIL ins com glee@mood . ADDRESS: y Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC# Denver CO 80237 INSURER A:Pinnacol Assurance 41190 INSURED INSURER B: J-2 Contracting Co. , Inc. INSURER C: PO Box 129 INSURERD: INSURER E: Greeley CO 80632 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTRINSR WVD POLICY NUMBER ,)MM/DDIYYYYI IMM/DD/VYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONALS ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —1 POLICY n PFCOT LOC $ _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULEDAUTOS BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per ancident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE• $ EXCESS LIAB CLAIMS-MADE - AGGREGATE $ DED J I RETENTIONS $ A WORKERS COMPENSATION a TORY WC STATU- IMIT I 10TH AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA 3114562 10/1/2013 10/1/2014 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000 0000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach AGGRO 101,Additional Remarks Schedule,if more space is required) RE: Right of Way Permit • CERTIFICATE HOLDER ____-�._ _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • THE EXPIRATION DATE THEREOF, NOTICE WILL BE- DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Public Works Department AUTHORIZED REPRESENTATIVE P.O. Box 758 Greeley, CO 80632 A Lee, CISR/AUTLEE - -c-t ACORD 25(2010/05) • • ©1988-2010 ACORD CORPORATION. All rights reserved. 1MS025 onions ni Tha ArnPn norm and Inns are ramie+„rri marko of Arnan NOTICE OF AWARD 2014 Gravel Pit Crushing To: Chris Leone J-2 Contracting Company PO Box 129 Greeley,Colorado 80632 Project Description: 2014 Gravel Pit Crushing North Fiscus Pit You are hereby notified that your Bid/Proposal has been accepted in the amount of$445,000.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten(10)calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Insurance within ten (10)days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 28 day of _February. ,2014 Weld County,Colorado,Q inor By ,,,171 74,c,„ Jay Mc onlge,Trucking-:k. iaterials Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby ac owledged by—51 6?7JlateiG/y2 (Contract8r) Dated this T day of 1' /A2�i-j _ . ,20/ By rbr_5 Latin Title: P26-5=1::6/or )_tloir E MEMORANDUM tt U _ cpUNT-y TO: Clerk to the Board DATE: March 7, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid#B1400043 Agreement for Construction Services with Dillon Construction, Koskie Pit. One original is attached. Enclosures pc: Jay McDonald, Clay Kimmi, Curtis Hall, Trevor Jiricek eC : /DGU, as- M:Francie\AGENDA memos\AgendaJosh-1.docx -3-/c -/fr/_/1/ 0720/1-/- OI ,�o �j'I D'IL1 eCsv,,aot 442_ EG 0070 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY &DILLON CONSTRUCTION KOSKIE PIT THIS AGREEMENT is made and entered into this/p4 day of AQY 'A , 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 Dillon Construction, [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is 7972 Orion Way, Arvada CO, 8007, 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, Koskie pit is in need of Gravel pit crushing, (hereinafter referred to as the "Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the services at Koskie pit, and WHEREAS, County requires an independent contract construction professional to perform the Services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perfoini 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 mariner 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 term 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$396i6 00 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 termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warrant-v. 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. &$24-18-201 et seq. and &24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 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 perform 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. r IN WITNESS WHEREOF,the parties hereto have signed this Agreement this Z day of'Fe't Lk. &C.1 ,2011 CONTRACTOR: Di l\O . Con 51- tic 1 or By: D; \t ql Co n S tc i9.C,Y1 ¢b v‘ Date 2_ 2i 2014 Name: Kc.,,h yJ Title: 0_O , WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � Vt�Q � last �Rademabher, Chair 4S11,6 MAR 1 2 2014 Weld County Clerk to the Bo rd BY: k gj. Deputy Cle to the Board A AGREEMENT FOR CONSTRUCTION SERVICES Page 8 Exhibit A REQUEST NO No. B1400043 ***************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 1/10/2014 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: A. 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 Gravel Pit Crushing Contract (w/ possible 2, 1-yr renewals) Department of Public Works B. 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: 2/13/2014, 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/Purchasinq/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. Bid Delivery to Weld County—3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwalters(a�co.weld.co.us or reverettco.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 BID NO#B1400043 Page 3 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. Mailed 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 specified. I. 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 BID NO#B1400043 Page 4 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). 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 with the 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. BID NO#B1400043 Page 5 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 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. All 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 o'; 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 facie, 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 BID NO#B1400043 Page 6 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in 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. BID NO#61400043 Page 7 I. 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. 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: BID NO#B1400043 Page 8 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; ii. $2,000,000 general aggregate; Hi. $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; H. Unlimited defense costs in excess of policy limits; Hi. 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/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. 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 BID NO#B1400043 Page 9 waive subrogation rights against County. 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 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#B1400043 Page 10 Purpose Processing (screening, crushing and stockpiling) of raw materials(pit run and dirt) into Weld County surface gravel according to the gradation and specifications defined herein (see Table 7.8). Project Location(s): Any Weld County pit or processing location within the geographical boundary of Weld County, Colorado. The current permitted sites are listed below along with the bid proposal for each and in the scope of work section. A map showing the locations is also included on page 21. Weld County may desire to process a single location or several locations per year. Bidders should consider each site separately and as if only one site were to be processed annually. 1) Fiscus Pit — Sect. 7, Twnshp 10 N., range 57 W., of the 6th Prime Meridian, Weld County, Colorado. One mile East of CR 127 on CR 116, south side of road. Twenty-four hour operation allowed. 2) Hokestra Pit — Sect. 2, Twnshp 2 N., range 68 W., of the 6th Prime Meridian, weld County, Colorado. One half mile east of Interstate 25 frontage road on CR 24.5, North side of road (adjacent to Weld County Southwest Service Center. Restricted hours of operation. 3) Pierce North Pit — Sect. 1, Twnshp 8 N., range 66 W., of the 6th Prime Meridian, weld County, Colorado. North West Corner of the intersection of Weld County Road 96 and 77. Restricted hours of operation: 0600 hours to 1630 hours 4) Koskie Pit — Sect. 12, Twnshp 10 N., range 67 W., of the 6th Prime Meridian, weld County, Colorado. East half of aid section, approximately 1 mile East of CR 23 on CR 120, South side of road. Hours may be restricted by property owner. Scope of Work and General Specifications: Processing (screening, crushing and stockpiling) of raw materials (pit run and dirt) into Weld County surface gravel according to the gradation and specifications defined herein (see Table 7.8). All stockpiling will be on-site within conveyor/stacker reach of the plant. Only surface gravel will be a pay item. Pit run material will be un-excavated, unless otherwise noted. Dirt(required for plasticity) may not be available on site. It will be the responsibility of the successful bidder to acquire and import material for plasticity if needed. It will not be the responsibility of the contractor to remove from the permitted site, any screened off material produced and un-used as a result of the surface gravel processing operation. All material excavated, produced or stockpiled will be the property of Weld County and may not be sold, traded or otherwise disposed of by the contractor. This applies to structural fill as well as surface gravel. The only exception is dirt imported from off site to make plasticity. At the conclusion of crushing operations, excess imported dirt may be removed by the contractor within 60 calendar days from the last day of crushing for that year. Otherwise the dirt(or any other imported material left at the site)will be considered abandoned and become the property of Weld County. Gradation and Plasticity Index Table 7.8 Sieve,f esignatror 3. M.assPercent Pa:s'ng'Sq'uare MeshSteves LL not greater than 35 LL not greater than 20 Gravel Standard Mesh Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Surfacing (mm) (in) 150.00 6 r y 100 ,�- `: �i '5 i.. , i ' }> n� �. :._ A x ......an.cw .:: �.-:::� `P 100.00 4 gasrami 100 Istalimg .:: N 95-100 P 75.00 3 �. r„r ' e �" �; 1 �" -�.s `v 0 -e=: �` �' :� n. e '.� .h,.:.:v � 5 4�t £i mm 63.00 2 1/2 100 I' h ' v s a 50.00 2 95-100 INSERMIIIIII3111153#1O1 100 N r i1 37.50 11/2 .tg_-: ...., F E :: ,. :. :.:a4? 90-100 100 25.40 1 -Nn $ 95-100 billaftral 100 "- 19.00 3/4 i 50 90 a 100 h 100 ,�r. _aa0 -t i3;. T : "rR : r; :� . er '`� I3 s' .:;._e 4.76 No.4 30-65 moikingt,Eal.sin 30-50 30-70 30-65 31O11emz 50-78 2.38 No. 8 :fgammai raBBEINI ti Eusioa:. t.rrr't'tMminv g7'''„ .21 25-55 20-85 37-67 0.42 No. 40 , `.. :!_ v:, ,c t ile °' .., . ,! :.. `R „_,..:,s?- , _..::_ 13-35 0.07 No. 200 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 0 0 0 0 4-12 BID NO#B1400043 Page 18 Mobilization- Each site will be allowed a onetime mobilization fee. There will be no provision for a pay item for plant components added or replaced after the initial mobilization Hours of Operation-See project locations for each Gravel pits hours of operations. Permits and Notices-Weld County has and will provide Air Pollution Emissions Notices (APENS)to the Colorado Department of Public Health and Environment(CDPHE) for any permitted gravel pit that the contractor is contracted to process material at. It will be the responsibility of the contractor to provide APENS for the crushing plant and its components, and any required Notices and/or permits to the appropriate State or Federal agencies for the moving and set-up and operation of the plant components. Any annual production notices to the United States Geological Survey will be the responsibility of the County. The Contractor is not responsible for any water related issues including any pumping for dewatering. All contractor empioyees at the site shall be MSHA trained and certified for the pieces of equipment they are operating. Target Volume- Each site will have a minimum tonnage of surface gravel to be produced. The target tonnage may be increased if County operations require the need for additional surface gravel resources at any site. Should there not be sufficient pit run material at the site to produce the minimum tonnage of surface gravel; the contractor shall notify the County as soon as the situation is identified. The County will provide the contractor with direction how this situation is to be handled. Reclamation- Mine reclamation is not part of this contract. 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). Bidder attendance may be by phone conference on the day and at the time scheduled. The conference is scheduled for 10:00 A.M. February 3, 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 Terms and Conditions: All contractors will be required to sign Weld County's construction service Agreement(see example on pages 27-33). The Agreement shall commence approximately February/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 ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record (ENR) for the Base Course item. That increase will be based on the percentage change from year to year. 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"Fuel Cost Adjustment" below) Fuel Cost Adjustment-The cost per ton for processing will remain at the contracted price unless the cost per gallon of diesel fuel rises more than 24 (twenty four) cents above the base price listed in the contractor's bid. The cost per ton paid to the contractor will increase for every 25 cent increase in the cost per gallon of diesel fuel. The cost per ton will likewise decrease at the same rate for every 25 cent decrease in the cost of fuel, but will not decrease lower than the base cost per ton bid price for each site. Contractor must verify his cost per gallon for diesel fuel by submitting, with his bid, a copy of his fuel contract or a copy of his latest invoice for diesel fuel. Also, the same must be submitted annually in conjunction with the contract renewal. Weld County may at any time during the term of this contract, require contractor to verify his current fuel cost. BID NO#B1400043 Page 19 LOCATION MAP • t y: • • •••:It •• 1.•. :�' }l. • /o..-.. e.}•-,......p- / _ 1 •ar %}.G ...s_.. • T 3 •1 .•a.Y•••1 c•-•a- . spy a • 1 1 $� ' • •• '• PF-"I(��_ NNO�ViWiAn M)mNN,..NO�N.iNOmonN : .. 1 mod•• • r... i I.—%1•. i. . t. ... • 1... _ ••.i ..Y-•f�.-. .ri •j -{•....Ly 1 14. •:. r.{• ut LA, •• ♦ ••S *II. 1_I of PS -• `�Inr•' IL �� :p. • • lf) ids■ a i 10 pnl • '" Nei..... .. S i Z¢ -Y- 144 1�C R•S1� °DS CO 'R• 1.. •• 4...• N�2•Xy.• •p .S♦1/��H .A• I ..1A •• j w • �1a in 11x1 H �� mom .-}� 4. co Z� OD .;r (� r+ �; Pi1.. 4-0• , : :i..•4 , . •r p :.V: y 1 0 r Yin `I o0.. 35�:h ,..r•�j• , •vSIu�Nll` I�m)•C .• y. ' • • pi •__ .:•I'• ' II -, + •• 1�, T�'! �f IMF - :Yt o 1 . . e 1 • '1•y • • A N r�: rn 0 w a) Z N � .4- z un ZEC F U 2 3 0 d Z a a o_ _ U w a'a z_ uo H m a u� W Q U w u Yx° aY ^� O F n. J N 2N MV? BID NCB#:B1400042 Page 21 Exhibit B 2014 Gravel Pit Crushing Fuel Cost Changes:The bid price shall be based,in part,on your cost for diesel on the day the bid is submitted. That will be the base price and will remain the same should your cost for diesel increase twenty five(25)cents above the base price. After that, for every twenty five(25)cent increase in the cost of diesel fuel,the per ton bid price shall be increased by$ per ton. Likewise,the base price per ton shall decrease at the same rate for any decrease in fuel cost,not to decrease below the original per ton bid price. Contractor base price for diesel fuel$ per gallon Item# Item Description Estimated QTY Unit Unit Price Total Price 1 Crushing Fiscus Pit 100,000 Ton \_ 5 Jo L. 7e),O0o 2 Mobilization—Fiscus Pit 1 Lump Sum , ieC ) 4o/cn O I 3 Fuel Cost Adjustment 1 Lump Sum $13,000 $13,000 Fiscus Pit Grand Total o 4 Crushing Hokestra Pit 120,000 Ton _ZfCO v(- 006 , 5 Mobilization—Hokestra Pit 1 Lump Sum 40/`W 40/C 6 Fuel Cost Adjustment 1 Lump Sum $13,000 $13,000 Hokestra Pit Grand Total 1'1`3 ea j 7 Crushing Pierce North Pit 150,000 Ton + t) 2'.7,500 8 Mobilization—Pierce North Pit 1 Lump Sum400 4o o©, 9 Fuel Cost Adjustment 1 Lump Sum $13,000 $13,000 Pierce North Pit Grand Total 7 7z 23,064 10 Crushing Koskie Pit 100,000 Ton 0,57, ( 11 Mobilization—Koskie Pit 1 Lump Sum `T/(/r,{,i 4,00 12 Fuel Cost Adjustment 1 Lump Sum $13,000 $13,000 Koskie Pit Grand Total 433f 000 Bidder must included the $13,000 Fuel Cost Adjustment in bid for each Gravel Pit 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. J SIGNATURES: Dated this 0day of tC D ,20_ _____. FIRM NAME:P//hA LothtI"L a 1 BY: J:)61.0e) <,D/7/ r TITLE: OtA)Moi— , z BIDDER'S LEGAL SIGNATURE.: - STATE OF INCORPORATION: /(,2C ADDRESS: 7g 7Z Or►ors tt/G't_f TELEPHONE NO: / .-.-4---3Z /2) FAX NO:,-... .3-4-.32 `/29/ ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist:AU of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ."Contractor must have attended the Pre-Bid Meeting. (page 19) 4 ' Receipt of addenda(s), if any, should be signed. (page 12) `• t2' W-9(page 13) 6 Statement of Qualification(must be signed and notarized)g (pages 14-16) ie Anti-Collusion Affidavit. (page 17) d Bid Schedule(pages 20) D Bid Bond(pages 22-23) • 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. Dillon Construction (Contractor) j Dated t ' • 7 day of Feb , 20 14 • ; •/`-1): Title: Owner • { •3 • l: BID NO#B1400043 Page 10 • 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: Feb/3/14 By: pp Addendum No. 2 Date: Feb/5/14 By: DP Addendum No. 3 Date: Feb/5/14 By: pD 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 7 day of Feb , 20 14 FIRM NAME: Dillon Construction BY: David Dillon TITLE: Owner BIDDER'S LEGAL SIGNATURE:(130.A/LGl �SL,K.00 STATE OF INCORPORATION: ADDRESS: 7972 Orion Way,Arvada, Co 80007 TELEPHONE NO: 303-432-1219 FAX NO: 303-432-1291 ATTEST: BID NO#B1400043 Page 11 Earn W-9 Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester.Do not fhpatnentaftheTroaswy send to the IRS. Internal Revenue Service Name(as shown on yea income tax return) • Al I P) D4) o-)x Business tity�name,ft different from above a D f)1 G1-1 C-1-n 5 `` a Checkapproptiate box for federal tax classification Exemptions(see irelructors): ' m ❑htdtviduat'sole proprietor ❑ C Corporation D s Corporation ❑ Partnership 0 Trust/estate s_o Exempt peyeecoda(if any) u ❑ Limited liability company.Enter the tax dassticatioi(C=C corporation,5=6 corporation,P--parneship)a- Exemption from FATCA reporting o C w code(d any) yc Other(see instructons)1^ U Address(number,sheet,and apt orsuite no.) Requester's rune and address(optional) N 7°172- Orfo)� L,Ura City,state, d ZIP code ` !�and , f�rucxd C�> ,h0 7 . List accorntnumbtt(s)here(optional) lagag Taxpayer Identification Number(TIN) • • Enter your TIN in the appropriate box.The TIN provided must match the name given on the`Name"line I Social security number I . to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a • resident alien,side proprietor,a disregarded entity,see the Part I instructions on page 3.For other 52— 4- —7 4- — 1 4 Z'' entities,it Is your employer identification number(EN).If you do not have a number,see How to geta ! ' 17W on page 3. - Note.If the account is in more than one name,seethe dealt on page 4 for guidelines on whose Employer identitcationnunber ,Af /t number to enter. g -6b 3 3 T U j JJ 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 fora number to be Issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,a(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,a(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(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 failed to report all interest and dividends on your-lox 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 art 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 Signaus,pera of �p Here uS.personit• .,.cf ./ln _ A---(2(7)1. • Uama 2 -7 -/� General Instructions withholding tax mforeign partners'share d effectively cwmected income,and . Section rdaencesareto the Internal Revenue Code unless otherwise noted. 4.Certify than FATCA code(s)steered on this form(ifany)mc6cating that you aro exanpt from the FATCArepating,is correct Future developments.The IRS has created a page on IRS.gov for information Note.If you are aus.person end arequester gives you a form new than Form abort Form W-9,at www.vsgov/9.bdamation abort any future developments W-9 to request your TN,you must use the requester's form ilt issubstantialy ' affecting Form W-0(such aslegislation enacted after werdrase it)will be pasted similar to this Fam W-a. on that page. negotiant eta U.S.person For federal tax purposes,you are considered a U.S. Purpose of Form person if you are: . Apeson Who is ranked to Mean information retire with the IRS must obtain your •r+n individual who isa U,5.citizen or U.S.resident alien, caned taxpayer identificationnumber(nN)to repon,fa example,income paid to •Apartnership,corporation,company,or association created or organized in the you,payments made to you in settlement of payment card and turd party network United States or alder the laws of the United States, transactions,real estate transactions,mortgage interest you paid,aolusitim a •An estate(other titan a foreign estate),a abandonmentotsewred property,cancellation of debt,or cmnbrtiors you made to an 91A. •A domestic met(as claimed in Regulationssection 301.7701-7). Use Form W-9 ody if you are a U.S person(morticing a resident alien),to Special rulesfar partnerships.Parinershps that conduct a trade or business in . provide your conectTlN to the person requesting it(the requester)and,when the United States are generally required to pay a Withholding-tax under section apra-shle,to: 1446 on any foreign partnes'share of effectively curetted taxable income from such burisss.Further,in certain cases where a Form W-9 has not been received, 1.Certify that the TIN you are gNig is corrector you aro waling for ahumba thendes under section 1446 require a partnership to presume that a partner is • to be issued), foreign person,and pay the section 1446 withholding tax Therefore,If you are a '2.Certify that you am not subject to backup withholdirg,a U.S.person that is a partner in a partnership conducting a lade or business ii the ' 3.Clakis exemption from backup withholding if you are a U.S.exempt payee.It Untied Stales,provide Form W-9 tithe partnership to establish your U.S.status appbcable,you are also mtdyirg that asaU.S person,your alocade shared and avoid section 1446wia1hdd'elg on your share dpartrsrdtip income. • any partnership income horn a U.S.trade or businesses not anhjectto the Cat.No.10231X Form W-9(Rev.8-2013) RD NO#B1400043 Page 12 F STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: Feb/7/2014 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): Dillon Construction 2. Permanent main office address: 7972 Orion Way, Arvada, Co. 80007 Phone Number:303-432-1219 Fax Number: 303-432-1291 3. Year Company was organized: 1980 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 35 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? 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: _Pioneer Sand $ 450,000 April 2014 $ 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#B1400043 Page 13 10. Describe ail 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 12. List the principal members of the company who will be involved with this project. YRS. PERTINENT NAME TITLE EXPERIENCE David Dillon owner 40 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_ 7 day of Feb , 20 14 Dillon Construction Bidder: om ary BY�r��I� A Signature David Dillon Name: (Please Type) Owner Title: BID NO#E31400043 Page 14 NOTARY I 00 n County of= �JYae-4" ) ss. State of �0AJO'C OL U ) DI I alk-v t V D1 16A Being duly sworn, deposes and says that he is CAQM r Of • ton consfro1 and f• (Title) i (Company Name) That the answers to the f regoing questions and all statements therein contained are true and corr?ct. Subscribed and • • sworn before me this day of RIO, ,20 (r • (SEAL) I L.,/ti i14-411 - , NICOLE M HERRERA i NOTARY PUBLIC STATE OF COLORADO NOTARY ID#P 20094009657 • MY COMMISSION EXPIRES MARCH 27.2017 II s I I i 1 i I I i I I.• i. I BID NO#01400043 • Page 15 I i • PROJECT NO COLORADO DEPARTMENT OF TRANSPORTATION ANTI-COLLUSION AFFIDAVIT LOCATION /4-0(114-:7 N We--0 C.—E91 ) Li' - f 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 f:mr or person who is a bidder or potential prime bidder on this project,and will not be so disclosed prior to bid opeeir,g. 2B. Neither the prices nor the amount of the bid 01 any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit,cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project,or to submit a bid higher than the bid of this firm,or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who Is a bidder or potential prime bidder on this project to submit art intentionally high,noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation,communication,agreement or discussion with,or Inducement or solicitation by or from any firm or person to submit any intentionally high,noncom- '• petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person,or offered,promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project,in consideration for an agreement or promise by any firm or person to refrain from bidding or to submii any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project,in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid,or agreeing or promising to do so,on this project. 7. I have made a diligent inquiry of all members,officers,employees,and agents of my firm with responsibilities relating to the preparation,approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation, discussion,agreement,collusion,or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation,of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY iN THE SECOND DEGREE,AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. '• Goniraclofs lion orc0mpaty name a Dare nanC �r latirN Title"\ e r' 2nd 0ontrBctora 6nn or company nave.(111oird venture) By ' Date • The Sworn to before me this day of, r..tb 20 y Note Public 421, 1{r/lA�/A�11`Y_ NICOLE M HERRERA `• My commission mpires NOTARY PUBLIC n3 i z?12,0)1 STATE OF COLORADO NOTARY ID#20094008857 NOTE:This document must be signed in ink. MY COMMISSION EXPIRES MARCH 27.2017 • COOT rams 0506 I/02 • BID NO#B1400043 Page 16 A CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) 3/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Rivers NAtdE: CENTENNIAL INSURANCE AGENCY, LLC. [ac°No,E#L (303)295-1700 l FAX (Alt No):(303)295-2121 700 17th Street, #675 ADDRIESS:lrivers@centennial-ins.com INSURER(S)AFFORDING COVERAGE NAIC# Denver CO 80202 INsuRERA:Cincinnati Indemnity Company 23280 INSURED INSURER a:PinnaCOl Assurance 41190 Dillon Construction Company INSURER C: David Dillon dba INSURER D: 7972 Orion Way INSURERE: Arvada CO 80007 INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WWTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NT SUER POLICY EFF R TYPE OF INSURANCE INSR WVD POLICY NUMBER .(MMI DIYYYY)�(M POLICY R ODrYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 500,000 A -. I CLAIMS-MADE X OCCUR ENP0171720 1/1/2014 1/1/2015 MED EXP(Any one person) $ 5,000 X $500 PD Deductible PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENII_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- I $ X POLICY n JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 __ ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED x SCHEDULED ENP0171720 1/1/2014 1/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) HirediNcn-owned Auto Lability $ 1,000,000 X UMBRELLA LIAB X OCCUR l EACH OCCURRENCE $ 1,000,000 A - EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ ENP0171720 1/1/2014 1/1/2015 $ ^^'< WC STATU- OTH- f B WORKERS COMPENSATION X I TORY LIMITS I I ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE L YfNI N/A E-L- EACH ACCIDENT $ 100,000 OFFICER/MEMBEREXCLUDED? 1/1/2014 1/1/2015 ((Mandatory ry in n NH) 4038354 E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County AUTHORIZED REPRESENTATIVE t David Swanson/LINDA _��-- l ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 onion51 m Tt.n Ar`rV7h nom.nnri Inns nrn ran ictnrarl mmrlrc of Ahf1Rt1 NOTICE OF AWARD 2014 Gravel Pit Crushing To: David Dillon Dillon Construction 7972 Orion Way Arvada,CO 80007 Project Description: 2014 Gravel Pit Crushing—Koskie Pit You are hereby notified that your Bid/Proposal has been accepted in the amount of$350,000.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Certificates of Insurance within ten(10)-calendar-days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Insurance within ten(10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 28 day of February .2014 Weld County,Colorado,Owner By - .,. 1h.9 , .��.{C�� Jay Mc1iuJtd,Trucking&Materials Supervisor ACCEPTANCE OF NOTICE 1 Receipt of the above Notice of Award is hereby acknowledged by Di kk �. ,O r k+LL `. (Contractor) Dated this 2� day of t. .201 T (LADfN, Title: • , ,, MEMORANDUM • r'. . TO:Marcia Walters,Purchasing DATE: February 14,2014 ulr Rose Everett,Purchasing L \t -.IL U N T FROM: Curtis Hall,Public Works Supervisor SUBJECT:2014 Gravel Pit Crushing BOCC Approval Date February 26,2014 BID NO: #B1400043 The above mentioned bid closed on February 11,2014. A total of six valid bids were received.The bid was for the crushing of gravel for use in the County's gravel road maintenance program. There were four gravel pit locations that were included in the bid. The intent is to make surface gravel at one or two of the gravel pits each year for the next three years. 1. In the spring of 2014,crushing is anticipated to occur at the North Fiscus Pit. 2. In the fall of 2014,crushing is anticipated to occur at the Koskie Pit. 3. In the winter of 2015,crushing is anticipated to occur at the Hokestra Pit. 4. In the fall of 2015,crushing is anticipated to occur at the Pierce North Pit. Upon evaluation of the bids,it is apparent that the County can save$186,200 by awarding contracts to the lowest bidder at each gravel pit location versus a single contract to the lowest overall bidder. All the bid packages submitted contained the required bid documents. After review of the bid documents,Weld County Public Works recommends that two contracts be awarded for 2014. 1. Public Works recommends that the contract for the North Fiscus Pit be awarded to J2 Contracting in the amount not to exceed$476,800.00. 2. Public Works recommends that the contract for the Koskie Pit be awarded to Dillon Construction Company in the amount not to exceed$403,000.00. The total contract amount for 2014 would be$879,800.00,which is under the budgeted amount of$1,012,500.00 It is anticipated that the Gravel Pit Crushing Contract will be renewed in 2015 and would be awarded to the lowest bidder at the Hokestra and Pierce North Pits. pc: Trevor Jiricek,Director of Environment Health and General Services Dave Bauer,Public Works Senior County Engineer Curtis Hall, Public Works Motor Grader Supervisor Elizabeth Relford,Public Works Transportation Planner °4 o2 2014 Gravel Pit Crushing Bid No.1400043 LOW BIDS/Gravel Pit Pit Unit Price Total Contractor Year N. Fiscus $ 4.45 $ 476,800.00 J-2 Contracting __ Spring of 2014 Koskie $ 3.50 $ 403,000.00 Dillon Const.Co. Fall of 2014 N. Pierce $ 4.02 $ 628,000.00 Cherry Creek Recycling Spring of 2015 Hokestra $ 3.00 $ _ 413,000.00 Dillon Const. Co.; Winter of 2015 ;t. DILLON CONSTRUCTION J-2 CONTRACTING Pit Unit Price Total Low bid Pit Unit Price Total Low Bid N. Fiscus _ $ 5.10 $ 563,000.00 N. Fiscus $ 4.45 $ 476,800.00 * Hokestra $ 3.00 $ 413,000.00 * Hokestra $ 4.40 $ 551,500.00 N. Pierce $ 4.50 $ 728,000.00 N. Pierce $ 4.55 $ 707,500.00 Koskie $ 3.50 $ 403,000.00 * ` Koskie $ 4.60, $ 487,400.00 fn, VI, $ 2,107,000.00 $ 2,223,200:00 ®$ CHERRY CREEK RECYCLING RECYCLED MATERIALS COMPANY Pit Unit Price Total Low Bid Pit Unit Price Total Low bid N. Fiscus $ 5.89 $ 614,000.00 N.Fiscus $ 6.60 $ 708,000.00 Hokestra $ 4,21 $ 530,200.00 Hokestra $ 5.70 $ 712,000.00 N. Pierce $ 4.02 $ 628,000.00 * N. Pierce $ 5.50 $ 853,000.00 Koskie $ 5.05 $ 530,000.00 Koskie $ 5:50 $ 578,000.00 $ 2,302,200.00 $ 2,851,000.00 ASPHALT SPECIALTIES LANGSTON CONCRETE V Pit Unit Price, Total Low bid Pit Unit Price Total Low bid N. Fiscus $ 8.00 $ 833,000.00 N. Fiscus $ 11.76 $ 1,214,000.00 Hokestra $ 6.75 $ 838,000.00 Hokestra $ 11.76 $ 1,449,200.00 N. 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