2024-006 RECYCLED ASPHALT BID.pdf

INVITATION FOR BID

2024 RECYCLED ASPHALT

NO. 2024-006

ESTIMATED IFB SCHEDLE OF EVENTS

Issue IFB Tuesday, January 23, 2024

Deadline for vendor submission of written inquiries/questions.

Tuesday, January 30, 2024

3:00 PM local time

Bid SUBMISSION DEADLINE Tuesday, February 6, 2024

9:00 AM local time

BID OPENING LOCATION:

11330 State Hwy 86, Kiowa, CO 80117

Tuesday, February 6, 2024

9:30 AM local time

BIDDER'S CERTIFICATION

We offer to furnish to Elbert County the materials, supplies, products and/or services requested in accordance with the specifications and subject to the terms and conditions of the purchase(s) described herein:

BIDDER:

ADDRESS:

CITY: STATE: ZIP:

TELEPHONE NUMBER: FAX NUMBER:

EMAIL:

BY:

(Printed or Typed Name)

(Written Signature)

TAXPAYER I.D. NUMBER:

Signature constitutes acceptance of all terms and conditions listed on this form and all documents attached.

Please submit one (1) copy of your bid response electronically to corynne.zodrow@elbertcounty-co.gov with the subject line “2024 RECYCLED ASPHALT BID”, prior to the bid opening date and time. Elbert County reserves the right to reject any or all bids or accept any presented which meet or exceed the specifications which are deemed to be in the best interest of Elbert County and will not necessarily be bound to accept the low bid. The County also reserves the right to waive formalities or informalities contained in said bid, and to negotiate any optional items with the successful bidder.

COUNTY OF ELBERT

215 Comanche Street Chris Richardson, Commissioner District 1 P.O. Box 116 Dallas Schroeder, Commissioner District 2

Kiowa, Colorado 80117 Grant Thayer, Commissioner District 3

BID CONDITIONS AND PROVISIONS:

All bids must be submitted on the forms provided and in accordance with all terms, conditions, specifications, and stipulations contained herein. Bidders shall carefully read and be familiar with all terms, conditions, specifications, and stipulations contained in this IFB, which shall become part of the final contract.

All bids must be signed by a duly-authorized official of the company. The completed and signed bid must be returned to the Public

Works Department on or before the due date and time shown on Page 1.

All participating bidders, by their signature hereunder, shall agree to comply with all of the conditions, requirements and instructions of this IFB as stated or implied herein. Any alteration, erasure or interlineation by the bidder in this IFB shall constitute cause for rejection by the County. Exceptions or deviations to this IFB must not be added to the IFB pages, but must be on company letterhead and accompany the bid response. Should the County omit anything from this IFB that is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, than the bidder shall secure written instructions from the County at least forty-eight (48) hours prior to the time and date of the bid opening shown on Page 1.

All bidders are required to complete all the information requested in this IFB. Failure to do so may result in the disqualification of the bid. When omitting a bid on an item, please insert the words “NO BID”.

Prices stated must be in the units specified. In the case of a discrepancy between the unit price and extension, the unit price shall be considered correct. Minor details omitted by oversight will not constitute an excuse for their omission.

Bids shall be firm quotations subject to acceptance or rejection within sixty (60) days of the bid opening date.

A bidder may withdraw their bid at any time prior to the scheduled time of receipt; however, persons or firms withdrawing bids may not submit another bid in this matter.

The County reserves the right to negotiate optional items and/or services with the successful bidder.

The successful bidder may be required to provide proof of and the required limits of liability insurance, including Workers’

Compensation. This proof of insurance must be in the form of a “Certificate of Insurance” and must show coverage in the amounts, but not less than the amounts specified by the Laws of the State of Colorado for the duration of a contract issued as a result of this IFB. Additionally, the County will be notified of any changes occurring in this coverage while proving to the County that such changes do not in any way affect the minimum liability insurance required for this bid.

The County will not be responsible for any goods delivered or services performed without its purchase order, signed by an authorized representative of the County’s Finance Department.

All information submitted in response to this IFB may be subject to disclosure under the Open Records Act. Bidders are discouraged from providing information that the bidder considers confidential and/or privileged as part of a response to this invitation.

The successful bidder may be required, as a provision of this IFB, to submit proof of compliance with governmental health and safety codes, regulations and standards, as appropriate.

The County reserves the right to waive any technical or formal errors or omissions and to reject any and all bids, or to award a contract for the items herein, either in part or in whole, if it deems it to be in the best interest of the County to do so.

The successful bidder shall be in complete compliance with all of the specifications, terms and conditions of this IFB as outlined above. The County shall have the right to inspect the facilities and equipment of the successful bidder to ensure such compliance.

No bid shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to Elbert County, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the County, or that has failed to attain or demonstrate compliance with any law, ordinance, regulation, or contract term or condition as may be provided for or required in any County contract, or that may be deemed irresponsible or unreliable by the County. Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon and that they have the necessary financial resources to perform and complete the work outlined in this IFB.

The contractor agrees to abide by all the laws, regulations and administrative rulings of the United States, the State of Colorado, and the County of Elbert, securing all necessary licenses and permits in connection with this IFB.

BID CONDITIONS AND PROVISIONS (continued):

All materials furnished or services performed under the terms of a contractual agreement issued as a result of this IFB shall comply with the requirements and standards specified in the Williams-Steiger Occupational Safety and Health Act of 1970 (Public Law 91-

596), as well as with other applicable federal, state and local codes.

In the event that this IFB requires a formal contract to be prepared by the County, the successful bidder will properly sign and furnish any performance bonds, insurance, Workers’ Compensation, etc. as may be required by the County within ten (10) days (unless a longer period is allowed by the County) from the date of receipt of the formal contract forms.

All bidders must take into consideration that only the County’s contract documents will be used in the finalization of any agreement issued as a result of this IFB. Bidders are responsible for reviewing such documents prior to submitting their response.

All bidders must submit written disclosure of any known potential conflicts of interest that may result during the course of performance of the services listed herein.

ETHICAL STANDARDS:

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or IFB therefore.

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

In the event that any gratuities or kickbacks are offered or tendered to any County employee or representative, the bid response shall be disqualified and shall not be reinstated.

NON-COLLUSIVE BIDDING CERTIFICATION:

By the submission of this bid, the bidder certifies that:

1. The bid has been arrived at by the bidder independently and has been submitted without collusion with any other bidder.

2. The contents of the bid have not been communicated by the bidder; nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith and will not be communicated to any such person prior to the official opening of this bid.

3. No bidder shall submit more than one bid, to include alternate bid or bids, for this purchase.

NON-DISCRIMINATION IN EMPLOYMENT:

In connection with the performance of work under a contract issued as a result of this IFB, the contractor agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability.

The contractor further agrees to insert the foregoing provision in all subcontracts hereunder.

ILLEGAL ALIENS:

If Contractor/Consultant has any employees or subcontractors, Contractor/Consultant shall comply with §8-17.5-101 C.R.S., et seq., regarding Illegal Aliens - Public Contracts for Services, and this Contract. By execution of this Contract, Contractor/Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that

Contractor/Consultant will participate in either the E-Verify Program or Department Program in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract.

Contractor/Consultant shall not:

1. Knowingly employ or contract with an illegal alien to perform work under this Contract; or enter into a contract with a subcontractor that fails to certify to Contractor/Consultant that the sub- contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.

2. Contractor/Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Work under this Contract through participation in either the E-Verify Program or Department Program.

3. Contractor/Consultant shall not use either the E-Verify Program or Department Program to undertake pre-employment screening of job applicants while this Contract is in effect.

4. If Contractor/Consultant obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, Contractor/Consultant shall:

(i) Notify the subcontractor and the County within three days that Contractor/Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and

(ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to the preceding sub-subparagraph of this subparagraph, the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor/Consultant shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.

5. Contractor/Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in §8-17.5-102(5), C.R.S.

6. If Contractor/Consultant violates this provision of this Contract, the County may terminate the Contract for a breach of contract. If the Contract is so terminated, Contractor/Consultant shall be liable for actual and consequential damages to the

County as required by law.

7. The County will notify the Office of the Secretary of State if Contractor/Consultant violates this provision of this Contract and the County terminates the Contract for such breach.

INDEMNIFICATION:

Indemnification by the County. The County cannot and by this agreement does not agree to indemnify, hold harmless, exonerate or assume the defense of the bidder or any other person or entity whatsoever, for any purpose whatsoever.

Indemnity. The bidder shall defend, indemnify and hold harmless the County, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature whatsoever, including Workers’ Compensation claims, in any way resulting from or arising out of any agreement issued as a result of this IFB; provided, however, that the bidder need not indemnify or save harmless the County, its officers, agents and employees from damages resulting from the negligence of the

County’s officers, agents and employees.

INDEPENDENT CONTRACTOR:

Notwithstanding any provision of this Agreement, all personnel assigned by the Consultant to perform work under this Agreement shall be and remain at all times, employees of the Consultant for all purposes. THE INDEPENDENT CONTRACTOR IS NOT

ENTITLED TO WORKERS’ COMPENSATION BENEFITS THROUGH THE COUNTY AND IS OBLIGATED TO PAY

FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP.

ASSIGNMENT OF PURCHASE ORDER OR CONTRACT:

A supplier or contractor may not assign or otherwise transfer any of its rights or obligations under any purchase order or contract made and entered into pursuant to the County IFB without the prior written approval of the County Purchasing Division.

CANCELLATION:

The County reserves the right to cancel the whole or any part of a contract issued as a result of this IFB due to failure of the contractor to carry out any term, promise or condition of the contract. The County will issue a written notice of default to the contractor for failing to act in compliance with the terms and conditions of such contract.

EXAMINATION OF RECORDS:

The contractor agrees that the County shall, until the expiration of three (3) years after the final payment under an agreement issued as a result of this IFB, have access to and the right to examine any directly pertinent books, documents, papers and records of the contractor involving transactions of such agreement.

PRICE, PAYMENT, AND DELIVERY:

1. All prices shall be firm and fixed for the specified time frame.

2. All payment terms shall be “Net 30”; consideration will be given to any discounts offered for payments made earlier than

“Net 30”, please explain.

3. All deliveries will be “F.O.B. ~ Destination”.

TAXES:

All price quotations shall reflect all applicable tax exemptions for Elbert County:

1. Federal Registration Number: 84-6000763

2. State Registration Number: 08-033800

INVITATION FOR BID (IFB) #2024-006

2024 RECYCLED ASHPALT BID

INSTRUCTIONS TO BIDDERS

GENERAL INFORMATION:

The contract placed with the successful bidder, as a result of this IFB, shall be a Blanket Purchase Agreement. The Blanket Purchase

Agreement authorizes, but does not obligate, the County to contract for any minimum or maximum dollar amount or quantity of service.

The County’s intent is to award to only one (1) firm for the provision of equipment as specified; however, the results of this IFB does not obligate the County in any manner. Bid comparisons, reference checks, and past experience will be considered in the evaluation process.

If additional space is required, bidders may provide information on company letterhead.

The successful bidder will furnish to Elbert County Government, at no additional cost, any reports that may be needed in tracking the ordering and usage of said services within the County. These reports will also be used to verify contract pricing.

All questions relating to this IFB shall be directed to the either of the following:

Monty Hankins, Superintendent monty.hankins@elbertcounty-co.gov

Jason Kohring, Asphalt Foreman jason.kohring@elbertcounty-co.gov

If it becomes necessary to revise any part of this IFB or if additional data is necessary to enable an exact interpretation of the provisions of this request, an addendum will be issued. It is the responsibility of the bidder to ensure that they have received all addendums prior to submitting their bid response.

MANDATORY REQUIREMENTS:

1. Signed Bidders Certification (Page 1 of IFB)

2. All bid responses shall include all pricing information relative to providing all equipment and performing all services as described in the specifications section.

a. See attached bid specifications

3. All bid responses should provide detailed information in regards to any value-added equipment, products, and/or services

(i.e., as needed for emergency operations and/or special events) that are being offered and/or considered as a part of this potential award.

4. All bid responses should provide an explanation as to why your company would stand out above all others and why your company should be awarded the contract resulting from this IFB.

5. Pricing for additional equipment and/or services shall be provided, as requested. Pricing for additional equipment and/or services shall be consistent with all pricing that has already been provided.

mailto:monty.hankins@elbertcounty-co.gov mailto:jason.kohring@elbertcounty-co.gov

2024 Recycled Asphalt Bid Specifications

25,000 tons of ¾ inch (+/-) recycled asphalt.

All material will be stockpiled at the sites listed below:

Elbert County operated Allison Pit located at:

17906 Co Rd 149

Matheson, CO 80830

Elbert County New Road & Bridge Shop located at:

11330 State Hwy 86

Kiowa, CO. 80117

Respondents may bid on one or both items.

Trucking of material must be completed by December 31, 2024, to the addresses listed above. Elbert County personnel will be onsite to push material up.

Please specify the basis of the price (ie – per mile, per load, etc.)

Material Trucking Price Basis of Price

25,000 tons Recycled

Asphalt

Amount Material Price Per Ton Location of Material

10,000 tons Recycled Asphalt 11330 State HWY 86

Kiowa, CO. 80117

15,000 tons Recycled Asphalt 17906 Co Rd 149

Matheson, CO. 80830