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Home My WebLink About20141364.tiff 1861 jITrf MEMORANDUM E r T V2- CCV N Y y TO: Clerk to the Board DATE: March 26, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE I i 7 } t^{ e,. y�i RE: Bid #B1400083 Doe#2014-1364 2015 Chip Seal Aggregate Supply 'A" Contract Agreement Extension/Renewal with Martin Marietta Materials. This extension/renewal is from June 3, 2015, to June 2, 2016. Cc PLO 6"ealb J - JO -02015 - i6" ,01.- - )3(4 EC OO1 o r a BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: 2015 Chip Seal Aggregate Supply'A" DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 3.19.2015 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The Martin Marietta Materials Agreement may be extended from June 3, 2015, to June 2, 2016, as permitted by the contract. This extension would be in the second (2nd) year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the Engineering New Record (ENR) for the cost of gravel 3/4" down to 3/8"; however, ENR removed that item from the 2015 publication. The cost increase could not be determined based off the ENR. Martin Marietta is asking for a $0.50 per ton increase from 2014, which would bring the price from $28.00 to $28.50 per ton. This would be a 1.78% increase for 2015. The Denver-Boulder-Greeley CPI index for 2015 is at a 2.77% increase and could be used to justify an increase on this material for 2015 and possibly 2016. The total contract amount would be $115,425, which is under the $120,000 budget amount for 2015. Martin Marietta Materials was awarded this contract in 2014, and they were the sole bidder for this material. What options exist for the Board? (Include consequences,impacts,costs,etc.of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public Works recommend's the approval for Martin Marietta Materials under the Chip Seal Aggregate Supply ''A" Contract. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair Mike Freeman , Pro-Tem V`i\ Sean P.Conway Julie Cozad Steve Moreno Attachments:Contract Extension/renewal,2015 Bid Schedule,Email from Bob Choate pc: Jay McDonald,Curtis Hall,Janet Lundquist • CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS This Agreement Extension/Renewal ("Renewal"),made and entered into 23 day of March 2015 by and between the Board of Weld County Commissioners,on behalf of the Weld County Department of Public Works,hereinafter referred to as the "Department",and Martin Marietta Materials, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on June 2,2014(the"Original Agreement'),identified as document B#1400083/2014-1364. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement,which is incorporated by reference herein,as well as the terms provided herein. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: • The original Agreement will end on June 2,2015. • The parties agree to extend the Agreement for an additional one year period,which will begin June 3,2015 and will end on June 2,2016. • The Renewal,together with the Agreement,constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1.This extension will be the second year of a possible three year contract 2.The 2014 Bid Schedule of the contact shall be replaced by the attached 2015 Bid Schedule. 3. The total contract amount not to exceed$115,425.00 • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. CONTRACTOR: APPROVED AS T SUBSTANCE: Printed .,.. u Ir,= l"�e,;.� Ele e i I or Department Head Signature r' 1,, liapi 44, 11 th7/ A) .Xh%Rk ^ 51 ap a'- ' ATTEST: A D • A FUU N d ^° K@ > } y}'i Weld Co CI CI k to the Board • Controller Rl k `°'Y 'S�f.� BY: BOARD OF COUNTY COMMISSIONERS APPROED S TO FORM. WELD COUNTY,COLOR DO • un C pp/ Barbara Kirkmeyer,Chair R 3 0 2015 Director of General Services 0,20/171-73 6. 2015 BID SCHEDULE Chip Seal A lregate Supply W for Martin Marietta Materials,Inc. EM# T�FI$ QUANTITY UNIT PRICE PER CONTRCT GRAVEL PIT LOCATION AND UN�I PRICE NAM 9qS-u 8 703.05 W Chips 4,050 Ton 28 3� `5; 5 �4 r �+ Prices will include all labor and equipment cost necessary to crush,stockpile and load material for use. Bidder must include the name and location of gravel pit,where material will be picked up. BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended 'use by Weld County will meet all specification. /u/r FIRM NAME: /��'f rinA BUSINESS ADDRESS: f day f,1 74 1 f e CITY,STATE,ZIP CODE: igv tr t( /1",'S ✓C Se6-4-1 TELEPHONE NO.:(47)G27217--440 17 EMAIL: q e�.p�re1� TAXPAYER I.D#.: ��P/B �'86-7� •l 44 't 6"7'� BY: C/itity TITLE: //Awed DATE: /L///k.5."--- WELD COUNT YIS EXEMPT FORM CLOLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98-03551 Josh Holbrook From: Bob Choate Sent: Monday, March 23, 2015 8:31 AM To: Josh Holbrook Subject: RE: 1/2"chip renewal Josh, I support your recommendation to extend our current contract with the 1.78% increase because (1) we only had one bidder last time we sent it out to bid, and (2) the increase is below the current Denver-Boulder-Greeley CPI, which I believe is a reasonable substitute for the ENR, and (3) after reviewing the ENR between 2014 and 2015, it appears that prices are on an increasing trend. I'm happy to discuss if you like. Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Josh Holbrook Sent: Thursday, March 19, 2015 3:17 PM To: Bob Choate Subject: 1/2" chip renewal Bob, Attached is the pass around for the BOCC and the 2014,2015 ENR. As you can see the 3/"to 3/8" (Denver) gravel cost is not included in the 2015 publication. I think we are still get a good price with the $.50 increase, but I want to hear what your comments are. Please give me a call about this when you get a chance. Thanks. Joshua Holbrook Construction Inspection Supervisor Department of Public Works 1111 H Street, Greeley CO 80632-0758 tel: 970.304.6496 Cell:970.301.2622 1 86 �d MEMORANDUM G O �N T t_ TO: Clerk to the Board DATE: June 18, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda Bid #B1400083 Agreement for Purchase of Materials for the 2014 (1/2") Chip Seal Aggregate Supply with Martin Marietta Materials. Contract price $106, 400. One original agreement is attached. M\Francie\AGENDA memos\Agendaaosh.docx 11\ sca_vaa_ 6 - Z3 Au( de Pa) (5evJ> Zol4- 13 4 6-O3-i5` EGOO7-o AGREEMENT FOR PURCHASE OF MATERIALS BETWEEN WELD COUNTY AND MARTIN MARIETTA MATERIALS 2014 Chip Seal Aggregate Supply(1/2") THIS AGREEMENT is made and entered into this day of k,.e ,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 Martin Marietta Materials, Inc., a foreign corporation,registered to do business in the State of Colorado,whose principal address is 2710 Wycliff Road, Raleigh,North Carolina 27607, with local offices located 1800 North Taft Hill Rd.,Ft.Collins,CO 80525,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.B1400083".The RFB contain 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, County requires road construction materials in order to build and repair County roads for which it is responsible,and WHEREAS,Contractor is able to provide the materials required by County,at the prices and locations described in Exhibits A and B, copies of which is attached hereto and made a part hereof by this reference. 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 may contain highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement,and 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. Materials Provided by Contractor&Delivery. Contractor agrees to provide the road construction materials described in and for the prices set forth in Exhibits A and as set forth by Contractor in Exhibit B throughout the Term of this Agreement. Contractor warrants that the materials supplied are fit and sufficient for the purpose of road construction and conform to County's minimum specifications per each order placed. The parties shall agree as to the method and timing of each delivery of the road construction materials following each order placed by County. Each order for materials shall be in writing and shall be confirmed in writing by Contractor. Contractor acknowledges that County's award of the bid is predicated upon Contractor's agreement to provide the materials within the time(s)set forth in Exhibits A and B. A failure to provide the materials within that time may result in County's refusal to pay the Contract Amount/Compensation 3. Term. The term of this Agreement shall begin upon the date of the execution of this Agreement by County,and continue through and until the date specified in Exhibit A. No changes in compensation shall be made,unless specifically agreed to in writing by the parties. 4. Contract Amount/Compensation. County agrees to pay Contractor for road construction materials ordered by County pursuant to the pricing schedule set forth in Exhibits A and B, within thirty (30) days of Contractor's submittal of an invoice to County. Contractor acknowledges no additional payment shall 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 materials provided 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 materials provided,beyond those specifically authorized by County, are provided 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 Materials/Work. In the event the County shall require changes in the scope of the work to be performed or the type or quantity of the materials to be provided,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 the Contractor for adjustment hereunder must be made in writing prior to 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 2 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 materials delivered to County and 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 and related services under this Agreement beyond the time when such materials and related 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 materials provided 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 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. 3 9. Warranty. Contractor warrants that materials provided under this Agreement will be consistent with the quality of materials required under Exhibit A and promised under Exhibit B. Contractor shall faithfully provide/deliver the required materials in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent materials providers which provide/deliver materials of a similar nature to those required and promised herein. 10. Acceptance of Materlab/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 materials and reports furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and quantity of the materials provided. 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 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 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 materials provided 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 quality and quantity of all materials and services provided, the timely delivery of said materials and incidental services, and the coordination of Contractor's performance with County, 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-Assianment. 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. 4 13. Time of the Essence.Time is of the essence in each and all of the provisions of this Agreement. 14. F,zamination 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. 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 Contractor or persons to provide materials 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. 8824-18-201 et seq. and 824-50-507.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 5 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, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services. C.R.S. SS-17.5-101. Contractor certifies that Contractor is not an illegal immigrant. Contractor certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement,through participation in the E-Verify program of the Department program established pursuant to C.R.S. §8-l7.5- 102(5Xc). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a sub-contractor that fails to certify with Contractor that the sub-contractor shall not knowingly employ or contract with an illegal alien to 6 perform work under this Agreement. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed, (b) shall notify the sub-contractor and Weld County within three (3) days that Contractor has actual knowledge that a sub-contractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a sub-contractor does not stop employing or contracting with the illegal alien within three(3)days of receiving notice, and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment If Contractor participates in the Department program,Contractor shall deliver to County,a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach,and if so terminated,Contractor shall be liable for 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 provide only those materials which meet or exceed the requirements.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 Waee 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 7" day of t .e ,201/4. CONTRACT By: C - Date C.-.2-fr./ Name: Title: ! WELD COUNTY: 7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO . trod/ Douglas Rademacher,Chair 1 Lam` JUN 2 3 2014 Weld County Clerk to the Bo eputy Cler % the Board t tie it t 8 ao/y-49‘ Exhibit A No. B1400083 .................. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 3.28.2014 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: Chip Seal Aggregate Supply 'A" (with possible two, one-year 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: 4.30.2014, 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 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. BID NO#B1400083 Page 3 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 Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). BID NO#B1400083 Page 4 J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply 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. § 8-17.5-1O2(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#61400083 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 BID NO#B1400083 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#B1400083 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. BID NO# B1400083 Page 8 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; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. 3. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; 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 BID NO#B1400083 Page 9 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. The remainder of this page left blank intentionally BID NO#B1400083 Page 10 Purpose The project in general consists of crushing, stockpiling and loading 3,800 tons of W aggregate chip material into Weld County trucks for the 2014 chip seal projects in Weld County. Project Location(s): Project list is for information only. Weld County personal will transport all material to project location. 1) WCR 32.5 from WCR 23.75 to WCR 25 / WCR 25 from WCR 32.5 to WCR 34 / WCR 34 from WCR 25 to WCR 25.25 2) WCR 31 from WCR 18 to WCR 22 3) WCR 80 from WCR 13 to State Highway 257 4) WCR 29 from State Highway 392 to WCR 70 5) WCR 80 from WCR 51 to WCR 22 6) WCR 59 from WCR 74 to WCR 78 7) Dos Rios Subdivision and 54'"Street. 8) WCR 37 from State Highway 52 to WCR 22 9) 54th St. from 65th Ave. to Alto Way General Conditions and Information: 1. Weld County will not supply any material for this project. 2. Contract time will be from May 1, 2014, to July 31, 2014; 50% of the total tons shall be crushed by June 15, 2014. 3. Certified scales on belt or buckets are required. 4. Payment shall be made according to the bid price as determined by scale tickets or run sheets from the pit. All tickets for sun sheets must be signed by a Weld County employee. 5. Weld County Public Wroks personnel normally work 7:00am to 3:30 pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00am and late than 3:30pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations. 6. Weld County will select the bidder based on the lowest cost to the County, considering project location and hauling cost. Materials' may be awarded to different bidders based on pit locations relative to the project locations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2011, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Specifications can be found on pages 27-30. Section 105.22 Dispute Resolution Section 106.03 Sample, Test, Cited Specification Section 106.08 Storage of Materials Section 703.05 Aggregates Schedule: Advertisement: April 10,2014 Published: Greeley Tribune Bid Due to Purchasing: April 30, 2014 Bid Accepted by BOCC: May 19, 2014 Weld County Contract: Questions related to the project and procedures should be directed to: Joshua J. Holbrook—Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3743 jholbrook@weldgov.com BID NO#B1400083 Page 12 Terms and Conditions: All vendors will be required to sign Weld County's Materials Agreement(see example on pages 20-25). The Agreement shall commence approximately April 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 Cost Index for Denver gravel'/," down to 3/8"). That increase will be based on the percentage change from year to year. The remainder of this page left blank intentionally BID NO#B1400083 Page 13 Exhibit B NOTICE OF AWARD 2014 Chip Seal Aggregate Supply h" To: Martin Marietta Materia(8 1800 North Taft Hill Rd Ft CODS.CO 80525 Project Description: The project in general consists of crushing,stockpiling and loading(3,800 Tons of'A"chips)of aggregate material into Weld County trucks for the 2014 chip seal projects in Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You ere hereby notified that your Bid has been accepted in the amount of 8106,400.00 at as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish 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 finish said Bonds 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 maybe granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 21 t&i day of Max,2014 Weld County,Color4do,/O/wnA��...C� By // Josh Holbrook,Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by M s1 n Ai A4A 2 / Er-n9 M nt S y G Privy a"VI\cy (Contractor) Dated this ,;i4n day of 'en a., s--- ,2o \y By1ass%' j '1 t C/%0.> Tide:fic e,LE_ en _ J SHANNON D. CRAIG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 20084020725 MY COMMISSION EXPIRES MARCH 28.2017 lipase M Mammas CammasiCNp 9MMM11-2 lath r nrw DeauOld dip.S eM Nam of mod dos 2014 BID SCHEDULE Chip Seal Appreaate SuPPN'h" ITEM# ITEM QUANTITY �Q PRICE PER CONTRCT GRAVEL PIT LOCATION AND UNIT /PVRICE NAME 703.05 h"Chips 3,800 Ton i 00 01G6i4Op°Grecley35Thi4.J *Ca"! i 92CN••+i' SST's lie foal Prices will include all labor and equipment cost necessary to crush,stockpile and load material for use. Transportation of all the aggregates will be by Weld County personnel. Weld County will use twelve cents($0.12)per ton mile to each bid to provide an equitable transportation factor to the projects listed on page 12. Bidder must include the name and location of gravel pit,where material will be piked up. *301) y Ao4;te neacd bads pls4er;w1 „rl'1 be eiviclaids for piec„e. BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specification.. FIRM NAME: Min /t1A/lei MQ k ,4k BUSINESS ADDRESS: 1900 ft4r44i 'TQPt gin £1.. CITY, STATE,ZIP CODE: ac0iit a3 f Co. Boss- TELEPHONE NO.: 7I7' - l3Zs ♦ �:G EMAIL: . 4#Nbr4WCQ /tlar+rM/'!4//(/7�•eom, TAXPAYER I.D#.,,: 54P -1845578 � 4P 1 4557& BY: Eti 4 r6/L .i TITLE: Sales f Q /ascii:M DATE: 7 'Z I -t ! WELD COUNT IS EXEMPT FORM CLOLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO#B1400083 Page 14 Form W-9 Request for Taxpayer Give form to the (Rev.October 2007) Identification Number and Certification requester.Do not oePenme,al the Treasury send to the IRS. Internal RI Mhue SWIG Name(as shown on your income tax return) u Martin Marietta Materials Inc ' Business nano,if different from above a Is Check appropriate box: 0 Individual/Sole proprietor ® Corpnation ❑ Partnership • ❑ United liabiily company.Enter the lax classification(disregarded entity,C.-corporation,P.-partnership(► ❑ EKem�pt o 2 ❑ caw Seim W n ► es 15y. Address(number.street.and apt.or suite no.) Requester's name and address(optbnaq a PO Box 848241 City,state,and ZIP code pr Dallas,TX 75284 List account number(a)here(optional) N r� Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding.For individuals,Ins is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer Identification number MIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is In more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 56 I 1848578 Part II Codification Under penalties of perjury.I certify that: 1. The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be Issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S citizen or other U.S.person(defined below). Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA).and g eraly,pay is other t. Interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN. In 'ens n 4. Sign Signature of • � J Here us person . oats . , / .4( l D General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: Section references are to the Internal Revenue C unless • An individual who is a U.S.citizen or U.S.resident alien, otherwise noted. • A partnership,corporation,company,or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an Information return with the States. IRS must obtain your correct taxpayer Identification number(TIN) • An estate(other than a foreign estate),or to report,for example,income paid to you, real estate •A domestic trust(as defined in Regulations section transactions,mortgage interest you paid,acquisition or 301.7701-7). abandonment of secured property,cancellation of debt, or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally Use Form W-9 only if you are a U.S.person(Including a pay a withholding tax on any foreign partners'share of f income ito resident alien),to provide your correct TIN to the person from such business.Further,in certain cases where a Form W-9 requesting it(the requester)and,when applicable,to: has not been received,a partner ship p Is required to presume that 1.Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax. waiting for a number to be issued), Therefore,if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding,or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3.Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable,you are also certifying that as a income. U.S.person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding foreign partners'share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN,you must use the requester's form if it is following cases: substantially similar to this Form W-9. • The U.S.owner of a disregarded entity and not the entity, Cat.No.10231x Fonn W-9 (Rev.10.2007) ACCDRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDII'YYY) ��. 06/17/2014 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 Marsh USA Inc. PHON: PHONE 100 North Tryon Street,Suite 3600 INC No Ertl' _. IA/C.No): Chadotte,NC 28202 E-MAIL Attn:CA NON-RESIDENT NO.0B22889 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC J56965-1.MMM-GAXWX-1314 INSURER A:ACE American Insurance Company 22667 INSURED INSURER B:Indemnity Ins Co Of North America 43575 Martin Marietta Materials,Inc. Attn:Todd Crump INSURER C:N/A N/A 2710 Wycliff Road INSURER D: P.O.Box 30013 Raleigh,NC 27622 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-003272080-01 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. NONATHSTANDING 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 LIMITS LTRINSR WVD POLICY NUMBER IMMIDD/YYYY) IMM/DD/YYYYI A GENERAL LIABILITY HDOG27023927 09/30/2013 09/30/2014 EACH OCCURRENCE $ 3,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ N/A PERSONAL&ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'L GE AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 6,000000 ^ POLICY PRO- LOC $ JECT A AUTOMOBILE LIABILITY IBAH08722249 09/30/2013 09/30/2014 COMBINED SINGLE LIMIT 3,000,000 (Ea accident) • X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ B WORKERS COMPENSATION 'WLRC47324518(AOS) 09/30/2013 09/30/2014 X I WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ 2'666'666 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) CL.DISEASE-EA EMPLOYEE $ 2,000000 If yes,descnbe under 2,000,000 DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT 5 • DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:Chip Seal Aggregate Supply 1/2 2014 Certificate Holder is/are additional insured under General Lability and Automobile Liability as their interest may appear,if required by written contract with the named insured,subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability,Automobile Liability,and Workers Compensation in favor of the certificate holder,if required by written contract with the named insured,subject to the terms and conditions of the policies. General Liability and Auto Liability insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written and executed contract. CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 H Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 758 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Marilyn F Burns 'V7�..s-t9 '' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ISA H08722249 NOTICE TO POLICYHOLDERS ace group NOTICE TO OTHERS-SCHEDULE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium,we will endeavor,as set out below,to send written notice of cancellation,via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule that you or your representative provide or have provided to us (the "Schedule). You or your representative must provide us with the physical and/or e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: I. The beginning of the Policy period if this notice is provided on or before the effective date of the Policy;or ii. This notice has been sent,if this notice is sent after the Policy period commences. C. This schedule must be in an electronic format that is acceptable to us; and must be accurate. D Our delivery of the notification as described in Paragraph A.will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice of cancellation is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives,will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. J. The provisions of this notice do not apply in the event that you cancel the Policy. ALL-34276(10/11) Page 1 of 1 Workers'Compensation and Employers'Liability Policy Named Insured Endorsement Number MARTIN MARIETTA MATERIALS INC. 2710 WYCLIFF ROAD Policy Number RALEIGH NC 27607 Symbol: WLR Number: C47324518 Policy Period Effective Date of Endorsement 09-30-2013 to 09-30-2014 • 09-30-2013 Issued By(Name of Insurance Company) INDEMNITY INS.CO.OF NORTH AMERICA Insert the policy number.The remainder of the Information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT-SCHEDULE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium,we will endeavor, as set out below,to send written notice of cancellation,via such electronic or other form of notification as we determine, to the persons or organizations listed In the schedule that you or your representative provide or have provided to us (the"Schedule").You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after: i. The beginning of the Policy period, if this endorsement is effective as of such date;or ii. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period commences. C. This schedule must be In an electronic format that is acceptable to us;and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s)or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. a We are not responsible for verifying any information provided to us In any Schedule, nor are we responsible for any incorrect Information that you or your representative provide to us. If you or your representative does not provide us with a Schedule,we have no responsibility for taking any action under this endorsement. In addition,if neither you nor your representative provides us with a-mall and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. ( All other terms and conditions of this Policy remain unchanged. Authorized Representative WC 99 03 70(01/11) Page 1 of 1 1 _._ MEMORANDUM �, jb, '. I1 TO: Trevor Jiricek, General Services Director DATE: May 16, 2014 ,tp u N T)6- Marcia Walters, Purchasing lare;` ^" ; '1 Rose Everett, Purchasing FROM: Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2014 '1" Chip Seal Aggregate Supply Bid No. B1400083 Bid Recommendation On April 28, 2014, only one bid was received for the 2014 1/2" Chip Seal Aggregate Supply Contract. The sole bid was from Martin Marietta Materials located in Greeley, Colorado. The total bid amount from Martin Marietta was $106,400.00 In 2013, Weld County received a total of three bids from Martin Marietta, Aggregate Industries, and L.G Everist. The L.G. Everist pit was damaged due to the September floods and they have not been able to supply any material. Aggregate Industries was notified by Rocky Mountain E Purchase; before the bid date, I confirmed with Aggregate Industries that they were notified of the bid posting. This material will be used for 2014 chip seal pavement maintenance, 2014 HRP construction projects, and 2014 LVR (low volume road) project. It is our recommendation to award this contract to Martin Marietta Materials for a total amount of$106,400.00. i cc: Jay McDonald, Public Works Director Janet Lundquist, Traffic Engineer 02e/ V_ /341 `/ C.\ sers\sbrown\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HUFHUSUR\2014 rec ven.doc I WELD COUNTY PURCHASING 1861 1150 O Street Room#107, Greeley CO 80631 E-mail: mwaltersAco.weId.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 µ T Y Fax: (970) 336-7226 . GOU � DATE OF BID: APRIL 30TH, 2014 REQUEST FOR: CHIP SEAL-'//" AGGREGATE DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1400083 PRESENT DATE: MAY 5, 2014 APPROVAL DATE: MAY 19, 2014 PRICE PER TON CONTRACT PRICE GRAVEL PIT VENDOR 1/I" AGGREGATE fbased on 3,800 tons) LOCATION MARTIN MARIETTA MATERIALS $28.00 $106,400.00 925 N 35TH AVE 1800 NORTH TAFT HILL RD SAND& GRAVEL FT COLLINS CO 80525 GREELEY 80631 **PWD IS REVIEWING THE BID AT THIS TIME 2014-1364 -5/,j Hello