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Home My WebLink About20260381 Cur -H/ckc-i- (Dtk lcx -3 SERVICE AGREEMENT BETWEEN WELD COUNTY AND 4X INDUSTRIAL LLC THIS AGREEMENT is made and entered into this f I t 'day of Mal(Ch , 2026 by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works hereinafter referred to as "County," and 4X Industrial, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B2600013 Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from Form Revision 5-2025 COn xrF HopiGt CC' Onicas ; CPQ 202(D- 63� 3/ vao 3/1\/Z (o EGUaq entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. 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 completed or partially completed Work 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. 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. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $2,520,000.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 3 by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a ''following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional 4 insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All 5 certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in 6 coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts. duration, or types. The Contractor 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. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or 7 subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: 8 TO CONTRACTOR: Name: John Warren Position: CFO Address: 800 8th Ave. STE 300 Greeley, CO 80631 E-mail: johnwarren@4xindustrial.com Phone: 970-352-1790 TO COUNTY: Name: Nate Gibson Position: Trucking and Mining Supervisor Address: PO Box 758 Greeley, CO 80632 E-mail: ngibson@weld.gov Phone: 970-400-3722 22. 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. 23. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. 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. 25. 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. 26. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state 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. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, 9 confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 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. 29. Non-Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 10 If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: 4X INDUSTRIAL, LLC By: et ,L. O � Nam John L Warren Date of Signature: 02-26-2026 Title: CFO WELD COUNTY: ATTEST: fry ! g4 ; L BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld C unty C erk to the Board BY: ak ak*ji) l(A-/v the Board Scott K. James, Chair Depu y Clerk to AR,&� 1 1 u23„2�,,;;�, 01. 1 1 Iwo:"4.'10 NVIF 1-- 1 11 zozQ.0-o 1 Exhibit A Weld County Finance Department 1ac1 , Purchasing Division A . = ,1 1301 North 17th Avenue f� Greeley, Colorado 80631 couNTY General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2600013 Title: 2026 Material Hauling Contract Advertisement Date: January 26, 2026 Pre- Bid Meeting: January 29, 2026, at 10:00 AM Pre- Bid Location: Virtual (Details below) Questions Due: February 3, 2026, by 5:00 PM Questions Posted: February 4, 2026, by 5:00 PM Questions email: bids@weld.gov Bid Due Date: February 9, 2026, by 10:00 AM Purchasing's Clock Bid Delivery: Preferred email to bids(c�weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Schedule A: Bid Instructions Attachment 1: Statement of Qualifications Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Form Revision 6-2025 Exhibit A Table of Contents General Services - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A- Bid Instructions 4 Purpose/Background 4 Bid Advertisement 4 Bid Submission 5 Introductory Information 5 Cooperative Purchasing 6 Schedule B - Scope of Work 7 Project Overview 7 Method of Procurement 7 Pricing Method 7 Specific Requirements and Responsibilities 7 Schedule C - Procurement Schedule 13 Schedule D - Bid Response Form 14 Bid Submittal Instructions 14 Fees 14 Attestation 15 Schedule E — Insurance 16 Insurance 16 Insurance Mailing Information 19 Schedule F - Weld County Contract 20 Contractual Obligations 20 Weld County Standard Contract 20 Solicitation #B2600013 Page 2 Exhibit A Solicitation#B2600013 Page 3 Exhibit A Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: 2026 Material Hauling Contract A virtual pre-bid conference will be held on January 29, 2026 , at 10:00 AM. Bidders must participate and record their presence at the pre-bid conference to be eligible to submit bids. Microsoft Teams By Phone Join: +1 720-439- https://teams.microsoft.com/meet/29548952759090?p=KvHTHm90u0pEIgG 5261„105344870 PAn # United States, Meeting ID: 295 489 527 590 90 Denver Passcode: Zg9YL6jc Phone conference ID: 105 344 870# Bids will be received until: February 9, 2026 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 9, 2026 at 10:15. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams By Phone Join: +1 720-439- https://teams.microsoft.com/meet/25950426503035?p=10v2zsciGldZJojMLw 5261„90195333 # United States, Meeting ID: 259 504 265 030 35 Denver Passcode: Zh7iQ2pG Phone conference ID: 901 953 33# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Solicitation# B2600013 Page 4 Exhibit A Bid Submission 1. PREFERRED: email bids to bids(a�weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. 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 your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. 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 Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. 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 Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any Solicitation # B2600013 Page 5 Exhibit A 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. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation#B2600013 Page 6 Exhibit A Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide 2026 Material Hauling. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non-responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Specific Requirements and Responsibilities Scope of Work Weld County, Colorado, desires to contract for the use of private tractors, belly dump trailers, side dumps, end dumps, and tandem axle dump trucks with drivers, as needed, to haul and spread material to and from multiple scheduled and unscheduled locations within Weld County. On occasion, a low-boy trailer will be required to assist Public Works in hauling heavy equipment. The majority of hours needed for the contract will consist of tractor/belly dump hours. All bidders are encouraged to detail their fleets and capabilities to the fullest extent. A. Belly Dumps 1. Scope of Work: Hauling will consist of gravel, dirt, recycled asphalt, hot mix asphalt, and any other material used in the maintenance and construction of County roads that are normally transported in belly dump trailers. Trucks will not be required to haul anything greater than 4" minus. Weld County will arrange for the loading of all trucks. Contract trucks may haul with County trucks and material delivered to job sites will be windrowed or spread on the go as per instructions from Weld County personnel. 2. Trucks, Trailers and Operators: The following are required: 1. A minimum of thirteen (13) trucks with drivers will be supplied for use at all times during the contract term by the contractor. 2. All drivers must be able to speak the English language sufficiently to converse with County representatives and Scale house weighmasters. 3. Truck and trailer combinations shall be minimum of five (5) axles, single belly dumps with a minimum 20 cubic yard capacity and capable of legally hauling not less than a 28-ton payload. Solicitation#B2600013 Page 7 Exhibit A 4. This will require both CDOT and Weld County non-interstate overweight permits. 5. Vendor is responsible for acquiring required permits. 6. Weld County will not waive permit fees for Vendor(s) 7. All belly dump trailers must have outside hand operated dump controls on the driver's side of the trailer. 8. All tractors and trailers must have overhead clearance of 11 ft.,6 in. to pass under asphalt silos. 9. All trailers must be capable of maintaining a predetermined gate opening while dumping on the go. 10.Any loaded truck that leaves a loading site while working for Weld County, must be tarped. 11.Every truck must have an operational CB radio to provide for communication with Weld County personnel at all times for direction in the field. 12.Cost of all maintenance, repairs, fuel, insurance and labor to operate the trucks shall be borne by thecontractor. 3. Extra Trucks: The following are required: 1. Should Weld County require additional trucks and trailers for a special project or for additional short-term hauling needs, the Contractor shall supply up to three (3) additional trucks and trailers with drivers at the terms and conditions provided for herein. 2. This may or may not shorten the number of days of the contract. 3. On occasion, a low-boy trailer is needed to haul heavy equipment. 4. Tractor and Lowboy Trailer must be able to haul D8T Cat Dozer, 480 Volvo Excavator and 623 Cat Scraper legally. B. Side Dumps, End Dumps, and Tandem Axle Dump Trucks 1. Scope of Work: Hauling will consist of gravel, dirt, recycled asphalt, hot mix asphalt, rip rap, debris and any other material used in the maintenance and construction of County roads and bridges that are normally hauled in the listed trailers or trucks. End dump trailers and side dump trailers may be required to haul rip rap and concrete debris. Tandem axle dump trucks will not be required to haul anything greater than 4" minus. Tandem dump trucks must have a chip bar, compatible with Weld County's equipment to connect to chipping machine if used in chipping operations. Weld County will arrange for the loading of all trucks. Contracted trucks may or may not haul with County trucks and material delivered will be dumped as per instructions from Weld County personnel. Solicitation#B2600013 Page 8 Exhibit A C. Trucks and Trailers: The following are required: 1. Truck and trailer combinations must be not less than five (5) axle units (single steering, tandem drive, and tandem trailer). 2. Dump trucks must be at least three (3) axle units (single steering and tandem drive). 3. A minimum of 4 tandem axle dump trucks will be required to be utilized with 24-hour notice from Weld County Project Manager. 4. Any loaded truck that leaves a loading site while working for Weld County must be tarped. 5. Every truck must have a CB radio, to provide for communication with Weld County personnel at all times for direction in the field. 6. Cost of all maintenance, repairs, fuel, insurance and labor to operate the trucks shall be borne by thecontractor. D. Hours of Operation: The following are required: 1. Unless special arrangements are made with the Weld County Public Works Department, work should be done only during regular and commonly accessed working hours. 2. No work shall be done at night, holidays, or weekends, unless written authorization is given by the Public Works Department. 3. Occasionally, hauling cannot be done due to inclement weather and are non-paid days. 4. Weeks that contain a Weld County holiday will have fewer scheduled hours and the holidays are non-paid days. 5. Trucks are expected to be at the loading site and ready to load each day at the time designated by Weld County. 6. Parking and staging vehicles may be allowed on County property or in designated County pits. 7. Drivers are afforded a non-paid 30-minute lunch period. 8. There will be one thirty-minute lunch break per day. 9. No overtime is authorized without written consent of the project manager. 10.Weld County personnel will coordinate lunch break times to effectively utilize available resources. Solicitation # B2600013 Page 9 Exhibit A E. Other Requirements 1. Weld County shall pay for the use of all trucks and drivers on a per hour basis. 1. For each truck and driver, payable time will begin when a truck reports to the designated location at the designated time and ends at the point of origin or similar distance. 2. Appropriate documentation of the hours each truck and driver is in use shall be the responsibility of the contractor. 3. Such documentation shall be clearly legible and signed by a representative of Weld County to be considered for payment. 4. Documentation will be delivered to a Weld County representative daily. 2. Contractor shall coordinate haul routes with the project manager. The equipment and associated loads shall be in accordance with all Federal, State, and Local regulations. 3. Contractor shall designate a representative authorized to coordinate all drivers and trucks for the project and provide the project manager with a 24-hour phone number for said representative. 4. It is the contractor's responsibility to maintain quality control of all equipment and personnel used for the project. This shall include but is not limited to, insuring trucks are road worthy and are operating more than 95% of the available hours each week, drivers follow all regulatory signage, drivers follow all FMCSA regulations, and drivers are courteous to the citizens. 5. Weld County reserves the right to have any driver and/or truck removed from the project due to poor performance; the contractor will be given 72 hours to replace a driver and/or truck removed by the project manager to meet the minimum truck availability of the contract. 6. The County's project manager must be provided with 24-hour notice of any driver and/or truck replaced at the sole discretion of the contractor, the contractor shall provide all the same information provided for drivers and trucks identified in their bid below. 7. Weld County reserves the right, upon failure of contractor to provide the minimum trucks and drivers for more than 90% of the available hours in a week, to terminate the contract. If Weld County is forced to hire another company due to contractors' failure under this contract, Contractor may be required to pay the additional costs the County accrues in order to fulfill the work outlined in the contract. Solicitation #B2600013 Page 10 Exhibit A 8. There will be no adjustments made for: weather or unforeseen circumstances, fueling time, or down time for any reason including any type of repairs, and travel back to staging areas are not billable hours. F. Safety Conditions: 1. All drivers will be expected to follow all posted speed limits, including those posted at gravel pit and work site locations, and comply with state tarping and weigh station requirements. 2. The County will administer mine safety training in accordance with C.F.R. 30 Part 46 and must get signed release statements from all drivers before any driver or contractor employee can enter a Weld County owned or operated surface mine. 3. Any person who enters an active surface mine owned or operated by Weld County must receive the safety training and sign the release statement. G. Special Conditions: Contractor will correspond in a timely manner to all residents with complaints about the Contractor's work received by Weld County and will provide to Weld County with written proof of such correspondence of this compliance within 72 hours of its completion. H. On-Call and Budget: 1. When hauling needs are anticipated by Weld County, notice will be given to contractor as per the requirements provided for herein. 2. All work is on an as-needed basis and may be for short-term or long-term projects. 3. There are no implied or guaranteed number of days or hours per year. The estimated budget for 2026 is not to exceed $2,520,000. I. Contract Terms and Renewal 1. The Agreement shall commence in upon contract execution and continue for 365 days. 2. At the option of the County, the Agreement may be extended for up to two (2) additional one-year periods. 3. Increases in the cost may be negotiated for subsequent renewal of the second and third additional one-year periods. 4. However, the base price per hour may increase from one year to the next by no more than the Projected Increase of the Denver-Aurora-Lakewood Consumer Price Index, All Items, All Urban Consumers or its successor index (https://www.colorado.gov/pacific/dola/inflation-denver-aurora-lakewood- consumer-price-index.) J. Invoices and Payment. Solicitation#B2600013 Page 11 Exhibit A 1. Invoices will be submitted for payment by Tuesday afternoon of each week for the prior week and in the format designated by the Public Works Department. 2. Weld County will make every effort to resolve all invoice disputes identified within two calendar weeks. 3. Net payment will be made within 45 days. 4. Payments must be approved by the project manager and several other County Departments prior to final approval by the Weld County Board of County Commissioners. 5. Submit invoices to Weld County Public Works, PO Box 758, Greeley, CO 80632. ATTN: Nate Gibson, or ngibson(a�weld.gov (email preferred). K. Qualifications. The company selected to perform material hauling will need to meet the following qualifications by completing and submitting Attachment 1 — Statement of Qualifications with the bid response: 1. The company shall have been in business for a minimum of seven (7) years in material hauling or other commodity transportation 2. Over the past five (5) years, the company shall not have been assessed liquidated damages, defaulted on or been terminated from a contract. 3. The company shall own or lease a minimum of twelve (12) tractors with belly dump trailers, own or lease a minimum of four (4) tandem axle dump trucks, and own one tractor with a lowboy trailer conforming to the project specifications at the time the bid is submitted. 4. The company shall have completed a minimum of one (1) contract in the previous five (5) years of similar scope defined by a minimum contract amount of $1,000,000.00. 5. The company must provide a dedicated project manager(s) to help direct work on a daily basis, resolve conflicts with County project managers and the general public, and coordinate invoicing and payments. 6. All equipment for this project must be domiciled within thirty (30) miles of: 1111 H Street, Greeley, CO 80631. 7. At the time of bid posting Weld County will review FMCSA Safety Measurement System scores and may reject bids based on unsatisfactory Out of Service Rates. This determination will be at the discretion of Weld County. Solicitation # B2600013 Page 12 Exhibit A Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date January 26, 2026 Pre-Proposal Meeting January 29, 2026, at 10:00 AM Microsoft Teams Meeting Technical Questions Due February 3, 2026, by 5:00 PM Technical Questions email bidsweld.gov Questions Answered via Addendum February 4, 2026 by 5:00 PM Proposals Are Due February 9, 2026, by 10:00 AM Purchasing's Clock Solicitation Notice of Award (Anticipated) February 23, 2026 Contract Execution (Anticipated) March 2, 2026 Solicitation # B2600013 Page 13 Exhibit A Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. 4) Attachment 1 Statement of Qualifications Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non-responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Bid Schedule for Contracted Material Hauling Services Item Number Item Quantity* Unit Unit Total** Price 203-01 Trucking Belly Dump 20,000 HR 203-02 Trucking Tandem 5,000 HR Axle Dump Truck 203-03 Trucking Side Dump 1 HR 203-04 Trucking End Dump 1 HR 203-05 Trucking Low Boy 1 HR Grand Total *Quantities are for information only and are used solely for selecting the lowest responsible bidder, actual quantities can be adjusted to meet budget restraints. Budget for 2026 is estimated not to exceed $2,520,000. Prices will include all labor and equipment costs necessary. The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment) ** For the total, multiply the Quantity by the Unit Price. Solicitation#B2600013 Page 14 Exhibit A Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2600013 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E— Insurance 6. Acknowledgment of Schedule F—Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)may be awarded to more than one vendor. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Date of Signature Name: Title: Solicitation# B2600013 Page 15 Exhibit A Schedule E — Insurance Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Solicitation# B2600013 Page 16 Exhibit A Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Solicitation # B2600013 Page 17 Exhibit A Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor 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. Solicitation# B2600013 Page 18 Exhibit A Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Nate Gibson Email: ngibson@weld.gov Telephone: (970) 400-3722 Mail: Weld County Public Works ATTN: Nate Gibson PO Box 758 Greeley, CO 80632 Solicitation # B2600013 Page 19 Exhibit A Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non- appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for General Services: Service Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of[Department], hereinafter referred to as "County," and [Contractor], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. Solicitation#B2600013 Page 20 Exhibit A NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. 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 completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by Form Revision 6-2025 Exhibit A 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. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the Solicitation#B2600013 Page 22 Exhibit A provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Solicitation#B2600013 Page 23 Exhibit A Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for Solicitation#B2600013 Page 24 Exhibit A purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate Solicitation# B2600013 Page 25 Exhibit A termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor 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. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims")for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and Solicitation# B2600013 Page 26 Exhibit A the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E-mail: Phone: 22. 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. 23. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. 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. Solicitation# B2600013 Page 27 Exhibit A 25. 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. 26. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state 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. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. 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. 29. Non-Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24- 10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Solicitation# B2600013 Page 28 Exhibit A Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Date of Signature: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: Deputy Clerk to the Board [Insert Name], Chair Solicitation #B2600013 Page 29 Exhibit A Addendum # 1 Bid Request Number B2500013 2026 Material Hauling Contract Currently Reads: Page 1 of the specifications state: A virtual pre-bid conference will be held on January 29, 2026 , at 10:00 AM. Bidders must participate and record their presence at the pre-bid conference to be eligible to submit bids. Change: Change to read: A virtual pre-bid conference will be held on January 29, 2026 , at 10:00 AM. Bidders are not required to attend the pre-bid conference to be eligible to submit bids. Currently Reads: Page 10 of the specifications state: There are no implied or guaranteed number of days or hours per year. The estimated budget for 2026 is not to exceed $2,520,000. Change: Change to read: There are no implied or guaranteed number of days or hours per year. The estimated budget is not to exceed $2,520,000 in 2026. 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. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Date of Signature Signature: Name: Title: February 26, 2026 Exhibit B Rose Everett From: John Warren <johnwarren@4Xlndustrial.com> Sent: Monday, February 9, 2026 9:56 AM To: bids Cc: Charley Barnes Subject: 2026 Weld County Hauling Contract Attachments: 20260209_Weld County Hauling_4X Industrial Bid Submittal.pdf This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information,clicking links,or downloading attachments until their identify is verified. Please accept our bid. We hereby waive our right to a sealed bid. Thank you! Best, John L. Warren, CFO 4X Industrial, LLC 800 8th Ave., Suite 300 Greeley, CO 80631 Mobile: (707) 845-3239 THIS EMAIL IS CONFIDENTIAL:The information contained in this email or any attachment hereto is confidential. It may also be privileged. If you are not the intended recipient,please notify the sender by return email and immediately delete this email. Exhibit B Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D—Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. 4) Attachment 1 Statement of Qualifications Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non-responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Bid Schedule for Contracted Material Hauling Services Item Number Item Quantity' Unit Unit Total'* Price 203-01 Trucking Belly Dump 20,000 HR $98.00 $1,950,000.00 203-02 Trucking Tandem 5,000 HR Axle Dump Truck $85.00 $425,000.00 203-03 Trucking Side Dump 1 HR $105.00 $105.00 203-04 Trucking End Dump 1 HR $105.00 $105.00 203-05 Trucking Low Boy 1 HR $105.00 $105.00 Grand Total $2,385,360,00 'Quantities are for information only and are used solely for selecting the lowest responsible bidder, actual quantities can be adjusted to meet budget restraints.Budget for 2026 is estimated not to exceed $2,520,000. Prices will include all labor and equipment costs necessary. The successful vendor is required to sign a separate contract(a sample contract is included as a separate attachment) ** For the total, multiply the Quantity by the Unit Price. Solicitation#B2600013 Page 14 Exhibit B Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2600013 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E— Insurance 6. Acknowledgment of Schedule F—Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)may be awarded to more than one vendor. Item Entry Company Name: 4X INDUSTRIAL LLC Address: 800 8TH AVE STE 300 GREELEY CO 80631 Phone _ (970)352-1790 OFFICE/(707)845-3239 CFO Email: iohnwarren 4xindustriaI.com FEIN/Federal Tax ID#: 26-3587965 CONTRACTOR: BY: (/4:41 L_. (? 2-9-2026 (/i� Date of Signature Name: John L Warren Title: CFO Solicitation#B2600013 Page 15 Exhibit B Addendum # 1 Bid Request Number B2500013 2026 Material Hauling Contract Currently Reads: Page 1 of the specifications state:A virtual pre-bid conference will be held on January 29, 2026 , at 10:00 AM. Bidders must participate and record their presence at the pre-bid conference to be eligible to submit bids. Change: Change to read: A virtual pre-bid conference will be held on January 29, 2026 , at 10:00 AM. Bidders are not required to attend the pre-bid conference to be eligible to submit bids. Currently Reads: Page 10 of the specifications state: There are no implied or guaranteed number of days or hours per year. The estimated budget for 2026 is not to exceed $2,520,000. Change: Change to read: There are no implied or guaranteed number of days or hours per year. The estimated budget is not to exceed $2,520,000 in 2026. 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. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: 4X Industrial LLC 2-4-2026 Date of Signature Signature: G(Ia.�.tia Name: John L Warren Title: CFO February 4, 2026 Exhibit B Request for Taxpayer Ohre form to Vies ( Mardig Identification Number and Certification requester.DO not Orpartrnardlens Res�e�eenda Oo to worocbagov/ForrnWla for Instructions and the latest Information. send to the IRB. Before you begin.For guidance related to the papas,of Form W-9,see Purpose of Farm,be ow. t Nom of e,tty hldt d.An rMry is rusted.(For a sots prophecy or dfaregrdad crafty,order Its crown name on ens t.end utter the bkainorsictionsgarded ways ruse on Ins 2.) 4X INDUSTRIAL,LLC 8 Buenos,ntnweldtsrsgardsd entity n+n.,I dftsrrt tam above r Is Cheek tea r�appropriate box for federal fax fM1rad d on du an4i hdNMed wen Ia shoos s entered on 6w 1.Check 4 Emerson"(code,sick ady la only one of the Wowing seven bona certain entllbs,rut kkdtvKne4; 8 0 IndMdksVado proprietor ❑ C ccipaztlon ❑ s capaibon ❑ Partnership ❑ TrueUeelde see hsCuotorr on peps 3): 0✓ LW.Enter me tax dasdncaeon(C-C corporation,8.8 corporation.P•Parsr na1p) . . . . S Bra p P Dodo sets)) ! lfotc Chsdk Ne'L1D'be toe alas far tls entry specs•ewer the appoprle0s cods(C 8.a P)for Ib.tau dediolIorw d Ihs LLC,udw.I ts a dtsrprdod withy.A di•rs dad softly druid liaised oMct the appcprlats t3snwOon from Foreign Aooant Tax )sec fa pia tax dfaedtastbn of b curer. Canplena Act(FATC J ra tonlq I0 Dew tow instructions)1 _ (M Nlll lib a on One 3a you checked'PWoestip'or Tngth tsts. or dsckad'UV and,tamed'P ea b tax d.edlfeaeon. amountsPeplos o 0 and yw we providing this town to a putnwarr ,that.or and.s inwhich you hen en owned*,Intoned,oho& aretbb Mad t3Ek8LLJ tots box If you have any foreign partners,owners,or bwsndrfea Sao trohuetke s A5 Address(roakber.Oast and apt.or ode na.).Sao bstrudbrr Raquostr'e hrns and radian(aptlxeq 800 STH AVE STE 300 II Guy,vats,end DP code GREELEY,CO 80631 7 Lit amount numbs*has 4oplfon ) Part I Taxpayer Identification Number(TIN) Enter your TIN In the appropriate box.The TIN provided must atch the name given on Ina 1 to avoid L/0°W Newby number Th backup withholding.For Indlvldueta,this is geetaty your social eeckatty Ixmnber ISSN).However,for a resident ellen,sole proprietor.or disregarded entity,see the Instructions for Part I,lets.For other - entitles,it le your employer identtticatlon number(Eel-If you do not heve a number,see How to gat. o>r TIN,letter. Employer ItlentMoalon nimbus Hata I the account is In more than one name,see the lnebuctone for line 1.See atso What Aleme and Number To t3he the Requester for guideline on whose number to enter. 2 6 - 3 5 B 7 9 6 5 Part II Certification Under penalties of perjury,I certify that 1.The number shown on this form Is my oarect taxpayer idenfdAcellon number(or I am welting for a number to be issued to me);and 2.t am not subject to backup eNhhokeng became(*)I am exempt from backup withholding.or p)I have not been notified by the trterrW Revenue Service ORS)that I am subiect to backup welts:iding es a reeklt of a failure to report ail Interest or dividends,or(c)the IRS has notified me that Ian no longer subject to backup withholding:and 3.I a t a U.S.citizen«other U.S.poison(defined below);and 4.The FATCA codes)entered on this form(if any)Indicating that I am strange horn FATCA reporting Is correct. C reification Instructions.You meet cross our ten 2 above if you have been nolfied by the IRS thel you we twenty subject to backup wmtkokeng because you have haled to report all Interest and dividends on your tax return For real estate bansadkaa,item 2 does not apply.For mortgage Interest paid, acquisition or ebmxior4nent of secured meetly,omktodation of deft,contributions to an bndvtdual rwthement arrangement(IRA),and.generally,payments other than waist end&AT you an not rws.drod to sign the certification,but you must provide your correct TIN.See the instructions for Part II.Later. Sign °igr'th'+err )u Hereu.s.paean fr ,11 (JI (j.)cAAAJI/A—, as, 1/1/2026 General Instructions New line 3b her been added to this form.A flow-through entity Is required to complete Ws Ilne to Indicate that it Ines direct or Indirect Section references ars to the internal Revenue Code unhurt otherwise foreign partners,owners.or bensAderlee when it provides the Form W-9 noted. to another/ow-through entity In which Pt has en ownership Inter**.This Future developments.For the tatted Information about developments chance Is Intended to provide a tbw•Wough entity with Information related to Form W-9 and its instructions,such as legislation enacted regwding the status of Its Indirect foreign partners,owners,or eMr they were published,go to w,ww.fs.Q viFormW9. bensfidar'.so that it can satisfy any applicable reporting requirements.For example,a partnership that has any tr d sect foreign What's New partners may be requtsd to complete Schedules K-2 and K-3.See the Partnership Instructions fa Schedules K-2 end K3 Tar 1085). Une 3a hes been modified to clarify how a&engirded entity completes this line.An LLC that is a disregatied entity should deck the Purpose of Form appropriate box for the tax aafelflcation of Its owner.Othrwhse,It s or entity TOM W g rerltieeter)who la required to 19e art eland check the'LLC box and enter its aplxoprtete tax classification. An Infommtlon return with the IRS Is giving you this forts because they Cot.No.torsos Form W-9 Ow.3-2024) Exhibit B ,............,, 4XINDUS-01 VMATHIASON AFRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDPITYY) 11512026 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 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or 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 Valerie Mathlason PFS Insurance Group 4848 Thompson Parkway Suite 200 (A/C,No,Est):(970)635-9400 I FAX No):(970)635-9401 Johnstown,CO 80534 Mess.valeriememypfsinsurance.com INSURER'S)AFFORDING COVERAGE NAIC f _------...._..-------- INSURER A:Berkley National Insurance Company 38911 INSURED INSURER a:Riverport Insurance Company 36684 4X Industrial,LLC INSURER C:Convex Insurance UK Limited 800 8th Avenue,Suite 300 INSURER O:Berkley Regional Insurance Company 29580 Greeley,CO 80631 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUER POLICY NUMBER POLICY EFF POLICY EXP UNITS LTR )NSD.WVD IMMrDDRYYY1 IMMIODNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 l CLAIMS-MADE I X i OCCUR EGL004376714 3121/2025 3/21/2026 PDR SES,EascuEoencal $ 200,000 MED OP(W*Y onepereonl S 10,000 PERSONAL&ADV INJURY S 1,000,000 GENT AGGREGATE L MIT APPLIES PER GENERAL AGGREGATE S 2,000,000 lPOLICY I X I f]LCC --' PRODUCTS•COMP/OP AGG S 2,00D,000 Il OTHER S COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY LQAkgSIFnD S X ANY AUTO ECA 3150958.14 3/21/2025 3/21/2026 BODILY INJURY(Per person) S OWNED SCHEDULED AUTOSgq��pp ONLY AUTOSA (�ArryED BODILY INJURY‘Per aeader) $ X A8TOS ONLY X AUTOS ONt`� f IPROPERTYedent) S __S C UMBRELLA UAB X OCCUR EACH OCCURRENCE 5 5,000,000 X EXCESSLIAB CLAIMS-MADE XSC000878-0325 3/2112025 3121/2026 AGGREGATE s 5,000,000 DEO X I RETENTIONS 0 $ D WORKERS COMPENSATION X I STATUTE X OR"- AND EMPLOYERS'LIABILITY ANY PROPR'FETOR/PARTNERIEXECUTIVE YIN EWC 3160642-14 3/2112025 3121/2026 E.L EACH ACCIDENT S 1,000,000 QQI�PIG MW.19MIN EXCLUDED', N/A • IManC>1torY In NH) E L DISEASE-EA EMPLO`'E S 1,000,000 IO SsC.Resno nO ERATIONS below ($ 1,000,000 A Motor Truck Cargo EIM 3161058-14 3/2112025 3/21/2026 MTC-Cargo Limit ; 1,000,000 A Equipment Floater EIM 3161058-14 3/21/2025 3/21/2026 Leased/Rented i 1,000,000 _ 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD I01,Additional Remarks Schedule,may be sitached II more space Is required) Umbrella Policy Information: Policy Period:3/2112025 to 3/21/2026 Policy X5C000878-0325 Carrier:Convex Insurance UK Limited Primary Limit:55,000,000 Provides coverage over the General Liability and Worker's Compensation. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE Weld CountyPublic Works FOR INFO ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn Nate Gibson P O Box 758 Greeley,CO 60632 AUTHORIZED REPRESENTATIVE-- I 4� ESENTATIVE — ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Exhibit B AGENCY CUSTOMER ID:4XINDUS-01 VMATHIASON LOC e: 1 AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED 4X Industrial,LLC FS Insurance Group 800 8th Avenue Suite 300 POUCY NUMBER Greeley,CO 80831 Weld EE PAGE 1 CARRIER j NAIC CODE EE PAGE t ;SEEP 1 EFFECTIVE DATE:SEE eAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TiTLE: Ggrtfficate.of LlablItty Insurance Description of Operations/Locations/Vehicles: Policy Period: 3/21/2026 to 3/21/2026 Policy IXG682229 Carrier:General Star Indemnity Company Primary Limit:$5,000,000 Provides primary coverage over the Automobile. Policy Period:3/21/2025 to 3/21/2026 Policy H025EXCZOKZNRIC Carrier:Navigators Specialty Insurance Company Excess Limit:$5,000,000 Provides coverage over the Convex Insurance UK Limited and General Star Indemnity Company. Provides coverage over the General Liability,Automobile and Workers Compensation. FOR INFO ONLY The issuing Insurer will endeavor to mail 30 days written notice to the Certificate Holder,but failure to do so shall impose no obligation or Liability of any kind upon the insurer,its agents or representative. 10 days' notice for non-payment. If required by written contract,the Certificate Holder,County,its elected officials,affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included as Additional insured for ongoing operations under General Liability. if required by written contract,the Certificate Holder,County,its elected officials,affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included as Additional Insured for ongoing operations under Automobile Liability. If required by written contract,the Certificate Holder,County,its elected officials,affiliated entitles,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included as Additional Insured for completed operations under General Liability. If required by written contract,the Certificate Holder,County,its elected officials,affiliated entitles,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included on a Primary and Non-Contributory basis under General Liability. If required by written contract,the Certificate Holder,County,its elected officials,affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included on a Primary and Non-Contributory basis under Automobile Liability. If required by written contract,a Waiver of Subrogation in favor of the Certificate Holder,County,its elected officials,affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor applies to the General Liability. If required by written contract,a Waiver of Subrogation in favor of the Certificate Holder,County,its elected officials,affiliated entitles,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor applies to the Auto. If required by written contract,a Waiver of Subrogation in favor of the Certificate Holder,County,its elected officials,affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor applies to the Workers'Compensation. Alternate Employer Endorsement included in favor of Certificate Holder,County,its elected officials,affiliated entities,employees, agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor with regards to Worker's Compensation. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Exhibit B -45Fir Doc No: DRIVING 4X INDUSTRIAL Initial Issue Date 12/06/2021 Safety Management System Revision Date: Initial Version Revision No. 0 DRIVING SAFETY Next Review Date: 12/06/2023 Preparation: Safety Mgr I Authority: Safety Team Issuing Dept: Safety Page: Page 1 of 5 Purpose This program is written to be in compliance with local regulatory requirements and provide directives to managers, supervisors, and employees about their responsibilities in the operations and management of 4X INDUSTRIAL vehicle safety. Key Responsibilities 4X INDUSTRIAL Safety Manager • The designated Safety Manager is responsible for developing and maintaining the program and related procedures. These procedures are kept in the designated safety manager's office. Site Manager • Responsible for the implementation and maintenance of the program for their site and ensuring all assets are made available for compliance with the plan. Employees • All shall be familiar with this procedure and the local workplace vehicle safety program. • Follow all requirements,report unsafe conditions,and follow all posted requirements. • Only authorized employees will drive a motor vehicle in the course and scope of work or operate a 4X INDUSTRIAL owned vehicle. • The driver of a 4X INDUSTRIAL vehicle will have a valid and current license to operate the vehicle. Drivers will be appropriately assessed, licensed and trained to operate the vehicle they have been authorized to operate. • All drivers of 4X Industrial vehicles shall possess a valid driver's license with the endorsements for the type of motor vehicle they will operate. • Authorized drivers are not allowed to operate a motor vehicle while under the influence of alcohol, illegal drugs, certain medications, prescription or over-the counter medications that might impair their driving skills. • Employees taking prescription medication that can impair their ability to safely operate a motor vehicle, be required to inform their supervisor. • All drivers and passengers shall wear seatbelts while the motor vehicle is in operation at all times. Vehide and Transportation Related Driving Safety • No passengers shall be on trucks used to deliver goods. • Where backing is required. drivers, when parking, should make every effort to park the vehicle in a manner that allows the first move when leaving the parking space to be forward. • Drivers must have either a reversing alarm,use a spotter or walk around the truck/trailer prior to backing. • Passenger compartments are to be free from loose objects that might endanger passengers in the event of an incident. Any vehicle with non-segregated storage shall be equipped with a cargo net or equivalent to separate the storage area. 4X INDUSTRIAL,LLC Exhibit B Doc No: DRIVING ,mirazatIC 4X INDUSTRIAL Initial Issue Date 12/06/2021 Safety Management System Revision Date: Initial Version Revision No. 0 DRIVING SAFETY Next Review Date: 12/06/2023 Preparation: Safety Mgr I Authority: Safety Team Issuing Dept: Safety Page: Page 2 of 5 • Vehicles(light vehicles,heavy vehicles and trailers)may not be modified without the endorsement of the manufacturer. • Signs, stickers or labels are to be fitted in such a manner that they do not obstruct the driver's vision or impede the driver's use of any controls. • 4X Industrial requires all cargo transported on or in motor vehicles must be stored properly to prevent unintended movement and always secured. Reporting of Traffic Violations and Vehicle Accidents-Authorized drivers will report any collision or traffic violation while driving on 4X INDUSTRIAL duties to the appropriate personnel. All 4X Industrial employees operating a motor vehicle while on company business, must report all motor vehicle incidents and accidents immediately to their supervisor(s). In the event emergency services are required, they should be contacted first then their supervisor(s). Safe Driver Behaviors/Practices: • Authorized drivers will follow 4X INDUSTRIAL Safe Driver Behaviors/Practices. • All drivers are to obey all traffic laws and follow the common rules of the road when operating a motor vehicle on company business. • Obey all federal and local driving laws or regulations as well as requirements of clients; • Immediately report any restriction or change to their driving privileges to the supervisor. • Driver and all passengers must wear seatbelts. Seatbelts shall be worn by all occupants at all times whenever a vehicle is in motion. • Defensive drivers continually assess conditions and hazards and remain prepared for any challenge that may approach them. • When speaking with a passenger,always keep your eyes on the road. • Both hands on the wheel. • Use of cell phones, hands-free cell phones, manipulating radios or other equipment which may cause distraction while driving any vehicle is prohibited. Vehicle must be safely parked prior to using a cell phone or 2-way radio. • Drivers shall not exceed the posted speed limit. • Drivers shall maintain a safe distance between other vehicles. • Slow down around construction, large vehicles, wildlife, fog, rain, snow, or anything else that adds a hazard to your driving; • Alcohol or illegal drugs are not allowed to be in a 4X INDUSTRIAL,client or leased vehicle at any time; Drivers are to be prepared before leaving: • Perform 360 walk around—report new damage. • Check windshield for cracks that could interfere with vision. • Inspect for vehicle damage and immediately report any damage to the supervisor If not previously observed. • Make sure dirt or snow is removed from lights on all sides of the vehicle. • Brush or clean off snow or ice on all windows to ensure complete vision. • Check fuel level to be certain the destination can be reached. • Check to ensure the license plates and inspection tag on vehicle are current. 4X INDUSTRIAL,LLC 2 Exhibit B Doc No: DRIVING 4X INDUSTRIAL Initial Issue Date 12/06/2021 Safety Management System Revision Date: Initial Version Revision No. 0 DRIVING SAFETY Next Review Date: 12/06/2023 Preparation: Safety Mgr Authority: Safety Team L_Issuing Dept: Safety Page: Page 3 of 5 • Ensure that there is a first aid kit and inspected fire extinguisher in the 4X INDUSTRIAL vehicle. • Ensure driver is rested and alert for driving. • Employees are not to perform repairs or maintenance other than routine fluid additions. Vehicle Requirements • Vehicles shall be maintained in safe working order. • Vehicles are of the correct size and designed for intended use. The vehicle shall be fit for the purpose. • Tires, including spares if full size, are to be of same type, profile and tread pattern, except when the vehicle or tire Manufacturer recommends a different type for certain axles. • lire type and pattern is to be recommended by the vehide or tire manufacturer for use on the vehicle in the area of operation. • Vehicles are to be fitted with a spare wheel and changing equipment to safely change a wheel, or a suitable alternative. • All seats are to be fitted with headrests • All light duty vehicles (including buses)are to be equipped with an adjustable left,right and central rear view mirrors • All operators of 4X Industrial motor vehicles must conduct a pre-use inspection prior to operating the vehicle. The pre-use inspection must include a walk-around inspection of the vehicle to check for obvious defects and that there are no obstacles in the path of travel for the vehicle. • Loads shall be secured and within the manufacturer and legal limits and shall not exceed the manufacturer's specifications and legal limits for the vehicle. • All vehicles are to be equipped with a multipurpose fire extinguisher with a capacity of at least 0.9 kg/2 lb. The fire extinguisher shall be securely mounted on a bracket and located so that it is easily accessible in an emergency without becoming a hazard in case of an incident. • All light vehicles shall be equipped with a securely stowed first aid kit. • All drivers of light vehicles shall carry a high visibility jacket for use in case of emergency stops. • All light duty vehicles carry a minimum of one collapsible hazard warning triangle. • Rollover protection will be Installed in any vehicle to address high risk environments. The rollover protection engineered will conform to recognized regulatory standard and industry preferred practices. • All light equipment vehicles shall be outfitted with two red high-intensity lights located as high, as far apart, and as far back as practical, wired to the headlight switch, but also with an override switch, if permitted by local regulations. Transportation If workers are required to travel in a worker transportation vehicle 4X INDUSTRIAL must ensure that reasonable measures are taken to evaluate road,weather and traffic conditions to ensure the safe transit of the workers. The operator of a worker transportation vehicle must ensure that the worker transportation vehicle has been inspected by a qualified person before first use on a work shift. Seated workers must wear seat belts while being transported in a vehicle equipped with seat belts. A worker must not ride in a vehicle in a standing position,unless protected from being thrown off balance. 4X INDUSTRIAL,LLC 3 Exhibit B 71PC Doc No: DRIVING 4X INDUSTRIAL Initial Issue Date 12/06/2021 Safety Management System Revision Date: Initial Version Revision No. 0 DRIVING SAFETY Next Review Date: 12/06/2023 Preparation: Safety Mgr Authority: Safety Team 1!Issuing Dept Safety Page: Page 4 of 5 A worker must not ride in a vehicle with any part of the body outside the vehicle unless essential to the work process and then only if the worker is adequately restrained. Materials,goods,tools or equipment carried in a portion or compartment of a vehicle in which workers are riding must be located and secured to prevent injury to the operator or workers. Any enclosed portion or compartment of a vehicle in which workers are transported must have: • effective ventilation,independent of doors,providing clean air, • adequate lighting and means for heating and cooling, • an effective means of communication between the operator and passengers,and • more than one means of exit. Traffic Control 4X INDUSTRIAL shall develop,in writing,and implement a traffic protection plan for its workers at a worksite if any of them may be exposed to a hazard from vehicular or pedestrian traffic that may endanger the safety of any worker. It shall include the following control measures: • Effective means of traffic control shall be provided whenever the unregulated movement of vehicular traffic constitutes a hazard to workers. • Traffic control shall include barricades and cones as the primary control and, where required, signs, flagmen or other techniques and devices made necessary by the prevailing circumstances. • Operations or equipment,encroaching on the traveled way,shall be protected by barricades and cones as the primary control and,where required other effective devices. • 4X INDUSTRIAL must train workers in the traffic control safe work procedures. • 4X INDUSTRIAL will ensure that before a worker is designated as a flag person,the worker is trained in the safe work procedures for the safe control of traffic operations and wears the appropriate high visibility outer clothing and/or equipment. • If a worker at a project on a highway may be endangered by vehicular traffic unrelated to the project,the project shall make use of as many measures as necessary to adequately protect the worker. • A worker who is required to set up or remove traffic control measures on a roadway or a shoulder of a roadway shall be a competent worker,shall be equipped with the appropriate high visibility apparel,shall not perform any other work while setting up or removing the measures and shall be given adequate written and oral instructions in a language that he or she understands, with respect to setting up or removing the measures. ATV Vehicles If a 4X INDUSTRIAL work site utilizes AN vehicles then the following shall apply: • If the manufacturer has not set limits for operation of the AN on sloping ground, 5% is the maximum allowable slope unless 4X INDUSTRIAL has developed and implemented written safe work procedures appropriate for any steeper slope on which the equipment is to be used. • 4X INDUSTRIAL must ensure that each AN operator is properly licensed and trained in the safe operation of the vehicle. The training program for an ATV operator must cover: o the operator's pre-trip inspection, use of personal protective apparel, 4X INDUSTRIAL,LLC 4 Exhibit B Doc No: DRIVING 4X INDUSTRIAL Initial Issue Date 12/06/2021 Safety Management System Revision Date: Initial Version Revision No. 0 DRIVING SAFETY Next Review Date: 12/06/2023 Preparation: Safety Mgr I Authority: Safety Team Issuing Dept: Safety Page: Page 5 of 5 O operating skills according to the ATV manufacturer's instructions, o basic mechanical requirements,and o loading and unloading the vehicle,if this is a job requirement. • An AN operator and any passenger on an AN must wear approved eye and hearing protection as required by local regulatory requirements and the 4X INDUSTRIAL PPE Program. An AN operator and any passenger on an AN must wear clothing suitable for the environmental conditions and when necessary to protect against the hazards presented at the worksite, suitable gloves and clothing which covers the ankles and legs and the arms to the wrists and appropriate footwear. ' • 4X INDUSTRIAL requires that approved helmets shall be worn by the operator and passenger. • Loading and unloading of an AN onto or off a carrier vehicle must be done in a safe manner. If ramps are used when loading or unloading an AN they must be placed at a suitable angle,be sufficiently wide and have a surface finish which provides an adequate grip for the AN's tires. 4X INDUSTRIAL,LLC 9 Exhibit B Attachment 1 - Statement of Qualifications DATE OF THIS STATEMENT: February 6. 2026 All questions herein must be answered by bidders and the information given must be legible, clear in meaning and comprehensive.The bidder will not be given the opportunityto further explain or defend any answers beyond the time that this statement is submitted with the bid. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. The County reserves the right to verify all information submitted prior to bid award. 1. Name of Bidder(Company or Firm): 4X INDUSTRIAL LLC 2. Permanent Main Office Address: 800 8TH AVE STE 300, GREELEY, CO 80631 Address Equipment is Domiciled: 2419 1ST AVE, GREELEY, CO 80631 Phone Number: (970)352-1790(Main Office)/(970) 908-3484(Charley Barnes, Project Manager) 3. Year Company Organized: 2008 4. Number of Years the Company has Performed construction material or similar commodity hauling: 18 YEARS Under what firm,company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been conducting work? List the DOT number of the company and list the names and DOT number(s)of any subcontractors that will be used on the project to meet the minimum number of tractors and tandems required. WELLS TRUCKING, LLC: 2008-2017,APPROXIMATELY 9 YEARS 4X INDUSTRIAL, LLC: 2018-PRESENT,APPROXIMATELY 9 YEARS 5. List all construction hauling projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: SEE ATTACHMENT A $ — $ — Exhibit B 6. List all contracts within the last 5 years for which liquidated damages were assessed or may be assessed. NONE 7. List all contracts within the last 5 years during which or after which the Company filed a protest with the owner. NONE 8. List all contracts within the last 5 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. SEE ATTACHMENT C (DENALI SERVIES&TRANSPORT LITIGATION (TX COURTS)) 9. Describe all contracts that the Company failed to complete. NONE 10. Describe all contracts on which the Company defaulted or from which the Company was terminated. NONE 11. List Make,Model,and Year of all equipment either owned or leased by the company that will be used to complete this work. SEE ATTCHMENT B Exhibit B 12. List all or a maximum of three(3)of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name,location,project superintendent,owner's representative and phone number,date completed and contract amount for each project. Project Name: 2022 MATERIAL HAULING-WELD COUNTY Location: WELD COUNTY — Supt: JEFF YORK Owner's Representative: JEFF YORK Phone: (970)400-3722 Completion Date:_i2312022 _ Contract Amount:_APPROX.$1.56d____ Project Name: BISHOP INCIDENT RESPONSE(CHEVRON) Location: WELD COUNTY Supt: BRIAN GILMORE Owner's Representative: BRIAN GILMORE Phone: (970)409-7517 Completion Date: 10/31/2025 Contract Amount: APPROX. $6.0M Project Name: BURNCO-EWING TURN LANES Location: FORT LUPTON,_CO Supt: DEVON GLOSSER Owner's Representative: DEVON GLOSSER Phone: (720)682-1124 Completion Date: 12/17/025 Contract Amount: APPROX.$1.4M 13. List the principal members of the company who will be involved with this project, including the superintendent,foreman,project manager,etc. NAME TITLE EXPERIENCE (YRS) CHARLES BARNES LOGISTICS/DEVELOPMENT MANAGER 12 YRS JOSH WELLS MEMBER/MANAGER 20 YRS JOHN WARREN CFO 25 YRS COO 10 YRS J_613lZSSEL�I- __._ COLBY CHILDERS COO 10 YRS Exhibit B 14. List all lawsuits previously filed against or currently pending against you,the Company or any officers of the Company. SEE ATTACHMENT C Exhibit B ATTACHMENT A D90161$1.ActIount Start Work End Work Sib G651B1110e.[1ame 601e0LN61rne S 221,780.21 3/19/2025 10/31/2035 CO GreeleyGoll 8CounttyClub Hole No.BPond Espenslolr $ 1,377,819.72 3/25/2025 12/17/2025 CO Bunten Ewing Turn Lanes $ 411,494.29 8/29/2025 12/31/2025 CO Hall-Irwin Corporation WWIP Lagoon Storage Slurry Wall S 59606529 10/20/2025 12/29/2025 Co Woodlako Conslrucllon Management QulkTdps•Sore 42791Firestone) $ 173,092.39 11/17/2025 3/15/2026 CO Hall-Irwin Corporation TWo Myer Garden Solar $ 435,001.76 12/22/2025 3/31/2026 CO Chevron Pad Al2-02 Reclamation S 439.577.14 12/22/2025 3/31/2026 CO Chevron Pad Al2-10 Reclamation $ 943,112.00 10/19/2022 12/3/2024 TX Weis Construction HEB Bellaire $ 156.950.00 7/1/2023 12/18/7024 TX bens Construction Trinity Bell RR B Concessions $ 807.850.00 8/29/2023 3/31/2026 TX Lee Lewis Arlington ISO Carter ir.High $ 240.124.28 10/11/2023 2/24/2025 TX WXco Commercial Villas at Bellaire(Earthwork) $ 616,769.27 10/30/2023 V30/2025 TX Watermark Commercial Contractors.LLC Wesnnew Heights at Demon $ 35,834.70 11/21/2023 4/17/2025 TX Snyder Construction Group The Reserve at Magnolia(TREE PROTECTION/ $ 1,046,091.41 5/31/2024 6/30/2026 TX loers Construction 23130-HEB ISOL)Bell HS Replacement $ 673,250.00 7/1/2024 6/30/2026 TX teens Construction 23131-HEB ISDTrinity HS Replacement $ 336,303.00 8/14/2024 6/30/2026 TX Snyder Construction Group The Reserve at Magnolia(45011 $ 330,245,24 11/13/2024 1/31/2026 TX XS Construction Westbridge McKinney(Private) $ 152,256.40 11/13/2024 1/31/2026 TX XS Construction Westbridge McKinney(Shared) $ 706,607.90 1/27/2025 8/30/2026 TX loeris Construction 24130-Denton lSD Ryan HSTranspoftalion Bldg $ 1.485.157.74 2/4/2025 3/31/2026 TX bens Construction 25005-Plano ISO New Career&Tech Ctr $ 625.038.50 2/12/2925 6/30/2026 TX loeris Construction 24004-DentonlSD Ryan HSMu0iourpose Bldg $ 909,193.54 2/24/2025 2/28/2026 TX MyCon General Contractors Meseuae 80 Logistics Center $ 5,167.66200 3/31/2025 12/31/2029 TX kiwis Construction 25026-HEB ISD ID Bell HS Replacement Phases 1-2 $ 655.476 02 6/5/2025 3/31/2026 TX Lucky Construction QuikTnpa1854 $ 333,230.36 6/10/2025 1/31/2026 TX XS Construction Westbridge McKinney Retail 42 $ 341.672.00 6/20/2025 630/2026 TX U Companies Testa Collision Center $ 1,625,000.00 7/23/2025 5/31/2026 TX loeris Construction 25040-HEB ISD Midway Park ES Replacement S L386.886.00 9/23/2025 i 9/30/2026 TX loess Construction 25041-Wilshire ES Replacement $ 1,276000.00 9/30/2025 10/31/2026 TX Bob Moore Construction 70310-HIP Balch Springs $ 104,691.00 10/2/2025 10/31/2026 TX The Conlan Companies ECE Parking Espansion $ 2.085.000.00 12/15/2025 8/31/2026 TX Bob Moore Construction Hopewell McKinney Industrial 1203151 $ 590.006.00 12/15/2025 8/31/2026 TX Bob Moore Constnlction Box Railhead Industrial 120316) Note-Includes items where work has been completed but 4X has not yet been paid in full. Exhibit B ATTACHMENT B TRUCKS 500800 1993 PETERBILT 379 HAUL TRUCK 1XP5DR9X6PD325221 15 Ton Truck&Up 33,001 and Over GVW 500803 2001 FREIGHTLINER FL50 HAUL TRUCK 1FV3EJFD81HG84675 15 Ton Truck&Up 33,001andOverGVW 500807 2014 PETERBILT 388 HAUL TRUCK 1XPW040X5ED223409 15 Ton Truck&Up 33,001 and Over GVW 500808 2014 PETERBILT 388 HAUL TRUCK 1XPWD49X7ED252350 15 Ton Truck&Up 33,001 and Over GVW 500809 2014 PETERBILT 388 HAUL TRUCK 1XPW049X9ED252351 15 Ton Truck&Up 33,001 and Over GVW 500810 2014 PETERBILT 388 HAUL TRUCK 1XPW049X0ED252352 15 Ton Truck&Up 33,001 and Over GVW 500811 2014 PETERBILT 388 HAUL TRUCK 1XPWD49X2ED252353 15 Ton Truck&Up 33,001 and Over GVW 500812 2014 PETERBILT 388 HAUL TRUCK 1XPWD49X4ED252354 15 Ton Truck&Up 33,001 and Over GVW 500813 2014 PETERBILT 388 HAUL TRUCK 1XPWD49X6ED252355 15 Ton Truck&Up 33,001 and Over GVW 500815 2017 PETERBILT 389 HAUL TRUCK 1XPXP4EX6HD408593 15 Ton Truck&Up 33,001 and Over GVW 500816 2017 PETERBILT 389 HAUL TRUCK 1XPXP4EX8HD408594 15 Ton Truck&Up 33.001 and Over GVW 500819 2018 PETERBILT 389 HAUL TRUCK 1XPXD49X2JD433175 15 Ton Truck&Up 33,001 and Over GVW 500820 2018 PETERBILT 389 HAUL TRUCK 1XPXD49X4JO433176 15 Ton Truck&Up 33.001 and Over GVW 500821 2018 PETERBILT 389 HAUL TRUCK 1XPXD49X8JD465466 15 Ton Truck&Up 33,001 and Over GVW 500823 2017 PETERBILT 389 HAUL TRUCK 1XPX049X110465468 15 Ton Truck&Up 33,001 and Over GVW 500827 2013 FREIGHTLINER DUMP TRUCK 1FUBC4CY5DDBW7862 15 Ton Truck&Up 33.001 and Over GVW - 500362 2012 PETERBILT 388 HAUL TRUCK 1NPWX4EX7CD141933 15TonTruck&Up 33,001 and Over GVW 500372 2012 PETERBILT 388 HAUL TRUCK 1NPWX4EX9CD141934 15 Ton Truck&Up 33,001 and Over GVW 500373 2012 PETERBILT 388 HAUL TRUCK 1NPWX4EX5CD141932 15 Ton Truck&Up 33,001 and Over GVW 500374 2012 PETERBILT 388 HAUL TRUCK 1NPWX4EX3CD141931 15 Ton Truck&Up 33,001 and Over GVW 500645 2012 PETERBILT 367 HAUL TRUCK 1XPTD40XOCD146514 15 Ton Truck&Up 33,001 and Over GVW V7102 2011 PETERBILT 388 XIULT TRUCK 1XPWD40X4BD123314 15 Ton Truck&Up 33.001 and Over GVW V7388 2009 PETERBILT 367 HAUL TRUCK 1XPTDBOX79D775085 15 Ton Truck&Up 33,001 and Over GVW LEASED 2005 PETERBILT 379 HAUL TRUCK 1XP5DB9X65N860693 15 Ton Truck&Up 33,001 and Over GVW LEASED 2009 PETERBILT 389 HAUL TRUCK 1XPXD49X19D776880 15 Ton Truck&Up 33,001 and Over GVW TRAILERS 528012 2020 TRAILKING LOWBOYTK110HDG 11K105334LY071952 TRAILER-LOWBOY 528014 2019 TRAILKING LOWBOYTK110HDG 1TKJ0143XLM113295 TRAILER-LOWBOY 520102 2006 XLS LOWBOY SPECIALIZED 4U3J051376L006580 TRAILER-LOWBOY 548000 2009 TRAILKING BELLY DUMP 1TKSC40259W117472 TRAILER-DUMP 548001 2008 TRAILKING BELLY DUMP 1TKSC40218W071878 TRAILER-DUMP 548002 2012 TRAILKING BELLY DUMP 1TXD04023CWO16391 TRAILER-DUMP 548003 2012 TRAILKING BELLY DUMP 1TKD04021CW016390 TRAILER-DUMP 548004 2011 TRAILKING BELLY DUMP 1TKD04020BW072304 TRAILER-DUMP 548005 2014 TRAILKING BELLY DUMP 1TKD04028EW023632 TRAILER-DUMP 548006 2014 TRAILKING BELLY DUMP 1TKD0402XEW023633 TRAILER-DUMP 548007 2014 TRAILKING BELLY DUMP 1TKD04024EW033980 TRAILER-DUMP 548008 2015 TRAILKING BELLY DUMP 1TKD04021FW126683 TRAILER-DUMP 548009 2015 TRAILKING BELLY DUMP 1TKD04021FW126684 TRAILER-DUMP 548010 2016 TRAILKING BELLY DUMP 1TKD04026GW078213 TRAILER-DUMP 548011 2016 TRAILKING BELLY DUMP 1TKDO4028GW078214 TRAILER-DUMP LEASED 2013 TRAILKING BELLY DUMP 1TK0040220W088314 TRAILER-DUMP LEASED 2014 TRAILKING BELLY DUMP 1TKD04020W023804 TRAILER-DUMP 548012 2025 BRAZOS END DUMP 4139BKDE2OSH054915 TRAILER-END DUMP Note-Trucks&trailers owned or leased by dX as of Jan 5,2026.Subject to change from time totme. Exhibit B 4X_INDUSTRIALLLC-LEASED TANDEM DUMP TRUCKS YEAR MAKE MODEL YIN NUMBER 2016 Peterbilt TANDEM DUMP TRUCK 1XPSD79X2GD347689 2015 Peterbitt TANDEM DUMP TRUCK 1XPSD79XXFD270696 2014 Peterbilt TANDEM DUMP TRUCK 1XPSD79X4ED226711 2015 Peterbilt TANDEM DUMP TRUCK 1XPSD79X0FD270710 2015 Peterbitt TANDEM DUMP TRUCK 1XPSD79X0FD270707 2015 Peterbitt TANDEM DUMP TRUCK 1XPSD79X2FD270689 2014 Freightliner TANDEM DUMP TRUCK 3AKJGBDV8ESFU6004 2014 Freightliner TANDEM DUMP TRUCK 3AKJGBDVXESFU6005 YEAR MAKE MODEL VIN NUMBER 0�01"1 ppipcb;14- TANDEM DUMP TRUCK I X PAD X� K D`�,O 1` I 1101 ' Pori- .1+ TANDEM DUMP TRUCK y X pl 13 poi X511D y$8'°I o' kQ 11 Str\ 0[�h, TANDEM DUMP TRUCK I X K 7 0 K°'KG KTSLq 0119 of Wielb;1+ TANDEM DUMP TRUCK il(P50 BP1XH6 D$fo3►3.1 Lc3 YV..EQ(b'.,+ TANDEM DUMP TRUCK 2.NPS►—wgo-aM80its0 �Q((Q I r`XV__ TANDEM DUMP TRUCK I Mf A1419..VaqMO 2.4 Exhibit B 7 v. ATTACHMENT C INDUSTRIAL 4X Industrial,LLC Explanation of Litigation in Last Five(5)Years A&D Welding Litigation—4X Industrial,LLC(the"Company")purchased A&D Welding on January 1,2018. The Company is currently involved in litigation with Seller for various breaches of contract pursuant to the transaction (structured as a stock purchase agreement). In 2019, the case was dismissed without prejudice in Mesa County,CO,and subsequently refiled in Weld County,CO. A trial was held on the matter on July 11,2022,in the Weld County District Court,Division 5. On February 3,2023,the Court substantially denied both Parties' claims but found 4X Industrial, LLC to be liable for$4,077.15. Litigation concluded in 2023. Russell Marine Litigation—In September 2019, Russell Marine, LLC filed a lawsuit alleging, among other things,theft of"trade secrets"against two former employees. 4X Industrial,LLC(the"Company"and the employees' subsequent employer)was also named in the lawsuit, but based upon interviews and initial case due diligence assesses its liabilities and exposure in the matter at zero dollars. 4X Industrial,LLC has done nothing to benefit from the use of its competitors"trade secrets,"and argues that no trade secrets exist, and seeks to be removed from the case. 4X Industrial, LLC will continue to vigorously defend itself in the warrantless litigation. Settled by the Parties in 2025. Dan Guzman Trucking Litigation — In September 2023, 4X Industrial, LLC filed a lawsuit alleging among other things,breach of contract and unjust enrichment due to Guzman's failure to pay for mechanic shop repairs. Guzman subsequently countersued for "lost revenue" in the amount of $454,000.00. On November 22,2024,the Court found in favor of 4X Industrial,LLC,awarding it$18,587.47 and denying all claims made by Guzman. Then on January 21, 2025,4X Industrial,LLC sued for and won costs associated with the suit. 4X Industrial, LLC's original award,and the subsequent award of costs, remain unpaid and litigation continues in an effort to collect the amounts owed by Guzman. Collection efforts by 4X are ongoing. Denali Services &Transport Litigation — In November 2024, Denali Services &Transport, LLC ("Denali") filed a lawsuit in Texas Court alleging non-payment by 4X Industrial, LLC ("4X"). 4X Industrial, LLC countersued alleging Denali violated the terms of its agreement to supply materials of a certain required specification ("spec") for one of 4X's projects. 4X was required by the Owner/Developer to remove Denali's materials not meeting specification and replace them at 4X's cost. 4X argues it shouldn't be required to pay twice. Denali delivered out-of-spec materials. Litigation is in preliminary discovery stages. Exhibit B PotentiaLSubcorntraators= O&M Rodriguez Transport, DOT No. 4479362 Less than 10% SNP Load Service, DOT No. 3589106 Less than 10% 4XINDUS-01 VMATHIASON ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD VYYY) 2/26/2026 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 have ADDITIONAL INSURED provisions or 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 Valerie Mathiason NAME: PFS Insurance Group PHONE FAX 4848 Thompson Parkway Suite 200 (AIC,No,Ext):(970)635-9400 (NC,No):(970)635-9401 Johnstown,CO 80534 ADDRESS:valeriem@mypfsinsurance.com INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Berkley National Insurance Company 38911 INSURED INSURER B:Riverport Insurance Company 36684 4X Industrial,LLC INSURER C:Convex Insurance UK Limited 800 8th Avenue,Suite 300 INSURER D:Berkley Regional Insurance Company 29580 Greeley,CO 80631 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POUCY NUMBER POLICY EFF POUCY EXP LIMITS LTRINSD INYD (MMIDDIYYYY) (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EGL004376714 3/21/2025 3/21/2026 DAMACETOR occurrence)ENTED 200,000 PREMISES O:a $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY (Es ac NdEDti INGLE LIMIT $ 1,000,000 X ANY AUTO ECA 3160958-14 3/21/2025 3/21/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOSRE� ONLY _ AUTOS yyN D BBODILY INJURY(Per accident/ S X AUTOS ONLY X AUTOS ONLY (Perr ecddent)AMAGE $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE XSC000878-0325 3/21/2025 3/21/2026 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ D WORKERS COMPENSATION X STATUTE X ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EWC 3160842-14 3/21/2025 3/21/2026 E.L.EACH ACCIDENT $ 1,000,000 FICER/MEMBER EXCLUDED? N I A 1,000,000 andatory in NH) E.L.DISEASE-EA EMPLOYEE $ Eyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Motor Truck Cargo EIM 3161058-14 3/21/2025 3/21/2026 MTC-Cargo Limit 1,000,000 A Equipment Floater EIM 3161058-14 3/21/2025 3/21/2026 Leased/Rented 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Umbrella Policy Information: Policy Period:3/21/2025 to 3/21/2026 Policy XSC000878-0325 Carrier:Convex Insurance UK Limited Primary Limit:$5,000,000 Provides coverage over the General Liability and Worker's Compensation. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld CountyPublic Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn Nate Gibson P O Box 758 -- Greeley,CO 80632 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:4XINDUS-01 VMATHIASON LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED PFS Insurance Group 800 Industrial, Avenue,Suite 300 POLICY NUMBER Greeley,CO 80631 Weld SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Policy Period: 3/21/2025 to 3/21/2026 Policy IXG682229 Carrier: General Star Indemnity Company Primary Limit: $5,000,000 Provides primary coverage over the Automobile. Policy Period: 3/21/2025 to 3/21/2026 Policy HO25EXCZOKZNRIC Carrier: Navigators Specialty Insurance Company Excess Limit: $5,000,000 Provides coverage over the Convex Insurance UK Limited and General Star Indemnity Company. Provides coverage over the General Liability,Automobile and Worker's Compensation. FOR INFO ONLY The issuing Insurer will endeavor to mail 30 days written notice to the Certificate Holder, but failure to do so shall impose no obligation or Liability of any kind upon the insurer, its agents or representative. 10 days' notice for non-payment. If required by written contract,the Certificate Holder,Weld County, its elected officials,affiliated entities, employees, agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included as Additional Insured for ongoing operations under General Liability. If required by written contract,the Certificate Holder,Weld County,its elected officials,affiliated entities, employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included as Additional Insured for ongoing operations under Automobile Liability. If required by written contract,the Certificate Holder,Weld County, its elected officials, affiliated entities, employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included as Additional Insured for completed operations under General Liability. If required by written contract,the Certificate Holder,Weld County,its elected officials, affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by, or on behalf of the Contractor are included on a Primary and Non-Contributory basis under General Liability. If required by written contract,the Certificate Holder,Weld County,its elected officials, affiliated entities, employees, agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor are included on a Primary and Non-Contributory basis under Automobile Liability. If required by written contract, a Waiver of Subrogation in favor of the Certificate Holder,Weld County, its elected officials,affiliated entities, employees,agents,and volunteers with respect to liability arising out of the activities performed by, or on behalf of the Contractor applies to the General Liability. If required by written contract,a Waiver of Subrogation in favor of the Certificate Holder,Weld County, its elected officials, affiliated entities,employees, agents, and volunteers with respect to liability arising out of the activities performed by, or on behalf of the Contractor applies to the Auto. If required by written contract, a Waiver of Subrogation in favor of the Certificate Holder,Weld County, its elected officials, affiliated entities,employees,agents,and volunteers with respect to liability arising out of the activities performed by, or on behalf of the Contractor applies to the Workers'Compensation. Alternate Employer Endorsement included in favor of Certificate Holder,Weld County, its elected officials,affiliated entities, employees,agents,and volunteers with respect to liability arising out of the activities performed by,or on behalf of the Contractor with regards to Worker's Compensation. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: EUL004376813 Transaction Number: 001 Effective Date: 03/21/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Notice of Cancellation to Third Parties This endorsement modifies insurance provided under the following: Energy Commercial Umbrella Liability Policy SCHEDULE Number of Days Notice: 30 Schedule of Person(s)or Organization(s): Any Person or Organization: 1. Required by written contract to receive such notice, and 2. As evidenced by list on file with Company A. As respects the Persons or Organizations shown in the schedule above,the following replaces Section VIII.General Conditions, Subsection C.Cancellation,Paragraphs 2.and 3: 2. a. 10 days before the effective date of the Cancellation if WE cancel for nonpayment of premium;or b. The Number of Days Notice required for Cancellation for any reason other than nonpayment of premium is amended to the number of days shown in the Schedule above. 3. Notice of Cancellation will be mailed to the person(s)or organization(s)listed in the Schedule above. EUL6107 01 15 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 1 with its permission. ©Berkley Oil&Gas,2015 INTERLINE IL83271214 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: ABUSE OR MOLESTATION LIABILITY COVERAGE FORM COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL OUTPUT PROGRAM COMMERCIAL PROPERTY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Schedule of Person(s)or Organization(s): Any person or Organization required by written contract to receive such notice,as evidenced by list on file with Company. Number of Days Notice: 30 (If no entry appears above,information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) Common Policy Conditions Condition A, Cancellation, is amended to include the following: Notice of cancellation will be also be provided to the person(s)or organization(s)listed in the schedule above. IL 83 27 12 14 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 1 COMMERCIAL AUTOMOBILE CA 83 09 09 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSONS OR ORGANIZATIONS AS REQUIRED UNDER WRITTEN CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added under SECTION II — LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured: d. Any person or organization with respect to the operation, maintenance or use of a covered "auto" provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or written permit issued to you by a governmental or public authority to add such person or organization to this policy as an `insured'. However, such person or organization is only an "insured"with: 1. respect to the operation, maintenance or use of a covered "auto", and 2. for"bodily injury" or"property damage" is caused by an "accident"which takes place after; a. "you" have executed the "insured contract" or written agreement ; or b. the permit has been issued to you. All other terms and conditions remain the same. CA 83 09 09 15 Includes copyrighted materials of Insurance Services Office, Page 1 of 1 Inc. used with its permission. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to SECTION IV,A. Loss Conditions, 5.Transfer of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"or"loss",provided that the"accident"or"loss"arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CA 83 22 10 13 Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for which you have agreed to waive your rights of recovery in a written contract, provided such contract was executed prior to the date of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. 03/21/2024 EWC 3160842 13 Insured Premium 4X Industrial, LLC Insurance Company: Countersigned by Berkley Regional Insurance Company WC 00 03 13 04 84 ©1983 National Council on Compensation Insurance Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILTY INSURANCE POLICY WC 99 00 26 05 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STANDARD NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY SCHEDULE Designated Person or Organization and Address: Any Person or Organization 1. Required by written contract to receive such notice, and 2.As evidenced by list on file with Berkley Oil&Gas 30 Number of Days Advance Notice: 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) If we cancel or nonrenew this policy for any statutorily permitted reason, other than nonpayment of premium,we will mail a copy of the written notice of cancellation or nonrenewal that we sent you to the person or organization show in the Schedule above. We will provide this notification only if there is an existing contractual obligation to notify a certificate holder when this policy is canceled or nonrenewed and we are provided a copy of a certificate of insurance stating such notice will be provided. This notification of cancellation or nonrenewal to the person or organization shown in the Schedule above is intended as a courtesy only. Our failure to provide such notification to the person or organization shown in the schedule above will not extend any policy cancellation date, negate the cancellation as to any insured or any certificate holder, or provide any additional insurance that would not have been provided in the absence of this endorsement. This endorsement does not entitle the person or organization shown in the Schedule above of any benefit, rights or protection under this policy. Failure by us to provide this notice of cancellation to the person or organization shown in the Schedule above will not impose liability of any kind upon us. Any of these provisions in this endorsement that conflict with a law that controls the notice of cancellation of insurance is changed by this statement to comply with the law. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. WC 99 00 26 05 13 Page 1 of 1 Policy Number: EGL004376713 Transaction Number: 001 Effective Date: 03/21/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Notice of Cancellation to Third Parties This endorsement modifies insurance provided under the following: Energy Commercial General Liability Policy SCHEDULE Number of Days Notice:60 Schedule of Person(s)or Organization(s): Any Person or Organization: 1. Required by written contract to receive such notice, and 2. As evidenced by list on file with Company A. As respects the Persons or Organizations shown in the schedule above,the following replaces Section VIII.General Conditions, Subsection B.Cancellation,Paragraphs 2.and 3: 2. a. 10 days before the effective date of the Cancellation if WE cancel for nonpayment of premium;or b. The Number of Days Notice required for Cancellation for any reason other than nonpayment of premium is amended to the number of days shown in the Schedule above. 3. Notice of Cancellation will be mailed to the person(s)or organization(s)listed in the Schedule above. EGL1903 10 14 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 1 with its permission. ©Berkley Oil&Gas Specialty Services,2014 Section I. Named Insureds and Insureds ENERGY COMMERCIAL GENERAL LIABILITY POLICY NAMED INSUREDS AND INSUREDS A. Named Insureds Each of the following is an INSURED if designated on the Declarations Page of this policy as a NAMED INSURED or satisfies the provisions in Section I.A.6. Newly Acquired or Formed Organizations: 1. Individual: If YOU are an Individual—YOU and YOUR spouse are INSUREDS,but only with respect to the conduct of a business of which YOU are the sole owner. 2. Partnership or Joint Venture: If YOU are a Partnership or Joint Venture — YOU, YOUR MEMBERS, YOUR partners, and their spouses are INSUREDS, but only with respect to the liability arising out of YOUR interest or the conduct of YOUR business. 3. Limited Liability Company: If YOU are a Limited Liability Company—YOU and YOUR MEMBERS are INSUREDS, but only with respect to the conduct of YOUR business. YOUR MANAGERS are also INSUREDS, but only with respect to their duties as YOUR MANAGERS. 4. Other Organization: If YOU are an organization other than a Partnership, Joint Venture, or Limited Liability Company—YOU are an INSURED, but only with respect to the conduct of YOUR business. 5. Trust: If YOU are a Trust—YOU and YOUR trustees are INSUREDS,but only with respect to their duties as trustees to YOU. 6. Newly Acquired or Formed Organizations: Any Newly Acquired or Formed Organization(other than a Partnership or Joint Venture)over which YOU maintain ownership or majority interest will qualify as a NAMED INSURED if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 120th day after YOU acquire or form the organization or the end of the policy period,whichever is earlier;and b. Section II.A. Bodily Injury and Property Damage Liability and Section II.B. Pollution Clean Up Costs do not apply to BODILY INJURY or PROPERTY DAMAGE that occurred, or POLLUTION CLEAN UP COSTS from a POLLUTION INCIDENT that commenced, before YOU acquired or formed the organization. Section II.C. Personal and Advertising Injury Liability does not apply to PERSONAL AND ADVERTISING INJURY arising out of an offense committed before YOU acquired or formed the organization. If YOU own a NON-OPERATING WORKING INTEREST in any oil,gas,or other mineral property,then YOU are a NAMED INSURED,but only with respect to liability arising out of YOUR NON-OPERATING WORKING INTEREST in such oil,gas, or other mineral property. No person or organization is an INSURED with respect to the conduct of any current or past Partnership, Joint Venture,or Limited Liability Company that is not shown as a NAMED INSURED on the Declarations Page. B. Insureds Each of the following is an INSURED with respect to the coverages set forth in Section II.A. Bodily Injury and Property Damage Liability, Section II.C. Personal and Advertising Injury Liability, and Section II.D. Medical Payments of this policy: 1. Additional Insured: Any person or organization whom YOU have agreed in a written contract or written agreement to add as an Additional Insured on YOUR policy or to provide liability insurance for,but only with respect to liability arising out of YOUR operations or liability arising out of premises owned by or rented to YOU. However,no person or organization is an Additional Insured with respect to liability for which that person or organization has agreed in a written contract or written agreement to indemnify YOU. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section I. Named Insureds and Insureds In addition,the written contract or written agreement requiring YOU to include a person or organization as an Additional Insured must be in effect during the policy period and executed before the BODILY INJURY,PROPERTY DAMAGE,or PERSONAL AND ADVERTISING INJURY occurred. Furthermore,the insurance provided will not exceed the lesser of: a. The coverage,terms,and/or limits of this policy;or b. The minimum coverage,terms,and/or limits required by said written contract or written agreement. 2. Employees and Volunteer Workers: YOUR EMPLOYEES,but only for acts within the scope of their employment by YOU or while performing duties related to the conduct of YOUR business; and VOLUNTEER WORKERS, but only while acting at YOUR direction and performing duties related to the conduct of YOUR business. However, neither YOUR EMPLOYEES nor VOLUNTEER WORKERS are INSUREDS for: a. BODILY INJURY or PERSONAL AND ADVERTISING INJURY: (1) To YOU,to YOUR partners or MEMBERS(if YOU are a Partnership or Joint Venture), to YOUR MEMBERS (if YOU are a Limited Liability Company), to another EMPLOYEE while in the course of his or her employment or performing duties related to the conduct of YOUR business, or to other VOLUNTEER WORKERS while performing duties related to the conduct of YOUR business; (2) To the spouse,child,parent,or sibling of that co-EMPLOYEE or VOLUNTEER WORKER as a consequence of Subparagraph a.(1)above; (3) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Subparagraphs a.(1)or(2)above;or (4) Arising out of his or her providing or failing to provide professional health care services. With respect to BODILY INJURY only,the limitation in Subparagraph a.above does not apply to: (1) YOU or YOUR directors, MANAGERS, MEMBERS, EXECUTIVE OFFICERS, partners, or supervisors as INSUREDS;or (2) YOUR EMPLOYEES, as INSUREDS, with respect to such damages because of first aid services administered by such an EMPLOYEE. b. PROPERTY DAMAGE to property: (1) Owned,occupied,or used by;or (2) Rented to, in the care, custody, or control of, or over which physical control is being exercised for any purpose by; YOU,any of YOUR EMPLOYEES,VOLUNTEER WORKERS,any partner or MEMBER(if YOU are a Partnership or Joint Venture),or any of YOUR MEMBERS(if YOU are a Limited Liability Company). 3. Executive Officers and Directors: EXECUTIVE OFFICERS and Directors to the extent that YOU have EXECUTIVE OFFICERS and Directors, but only with respect to their duties as YOUR EXECUTIVE OFFICERS or directors. 4. Legal Representative: YOUR LEGAL REPRESENTATIVE if YOU die,but only with respect to duties as YOUR LEGAL REPRESENTATIVE. The LEGAL REPRESENTATIVE will have all YOUR rights and duties under this policy. 5. Non-Operating Working Interest Owner: A person or organization owning a NON-OPERATING WORKING INTEREST,but only when YOU have agreed in a written contract or written agreement(including,but not limited to,a Joint Operating Agreement)to provide insurance coverage for the benefit of the person or organization owning a NON-OPERATING WORKING INTEREST in any oil,gas,or other mineral property in which YOU are the OPERATOR. In addition,the written contract or written agreement requiring YOU to include a NON-OPERATING WORKING INTEREST must be in effect during the policy period and executed before the BODILY INJURY,PROPERTY DAMAGE,or PERSONAL AND ADVERTISING INJURY occurred. However,the person or organization owning EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section I. Named Insureds and Insureds Section II. Coverages and Duty to Defend a NON-OPERATING WORKING INTEREST is an INSURED only with respect to liability arising out of the NON- OPERATING WORKING INTEREST. Furthermore,the insurance provided will not exceed the lesser of: a. The coverage,terms,and/or limits of this policy;or b. The minimum coverage,terms,and/or limits required by said written contract or written agreement. 6. Permissive User of Mobile Equipment: With respect to MOBILE EQUIPMENT registered in YOUR name under a motor vehicle registration law: a. Persons driving such equipment on a public road with YOUR permission;and b. Persons or organizations responsible for the conduct of such persons described in Subparagraph a. above, but only with respect to the operation of the equipment and only if no other insurance of any kind is available to them. However, no person or organization is an INSURED with respect to BODILY INJURY to any co-EMPLOYEE of the person driving the equipment, or PROPERTY DAMAGE to any property owned or occupied by or loaned or rented to YOU or in YOUR charge,or the charge of the employer of any person who is an INSURED under this provision. 7. Real Estate Manager: Any person (other than YOUR EMPLOYEE or VOLUNTEER WORKER)or organization while acting as YOUR Real Estate Manager, but only with respect to their duties as YOUR Real Estate Manager. However, Real Estate Manager does not include any person or organization providing services to YOU with regard to YOUR energy leases including,without limitation,the person commonly referred to as a landman. 8. Stockholders: To the extent that YOU have Stockholders, they and their spouses, but only with respect to their liability as Stockholders. 9. Temporary Custodian: Any person or organization having proper temporary custody of YOUR property if YOU die,but only: a. With respect to liability arising out of the maintenance or use of that property;and b. Until YOUR LEGAL REPRESENTATIVE has been appointed. C. In Rem Action(s) In Rem Action(s)against any watercraft owned or operated by,rented by,chartered by,or loaned to the INSURED will in all respects be treated in the same manner as though the action were In Personam against that INSURED. II. COVERAGES AND DUTY TO DEFEND A. Bodily Injury and Property Damage Liability WE will pay the amounts that an INSURED becomes legally obligated to pay as damages because of BODILY INJURY or PROPERTY DAMAGE caused by an OCCURRENCE to which this policy applies. B. Pollution Clean Up Costs WE will pay the amounts that YOU incur as POLLUTION CLEAN UP COSTS because of a POLLUTION INCIDENT which has commenced at or from YOUR ENERGY SITE or YOUR WORK at an ENERGY SITE, provided the following ELIGIBLE POLLUTION INCIDENT requirements are met: 1. The POLLUTION INCIDENT is both unexpected and unintended from the standpoint of the INSURED; 2. The POLLUTION INCIDENT is abrupt and instantaneous and can be identified as having first commenced on a specific date during the policy period; 3. YOU must take reasonable action to end the POLLUTION INCIDENT as soon as possible; 4. The POLLUTION INCIDENT was known by any INSURED,AGENT,OPERATOR,or ENERGY SITE CONTRACTOR within 30 days of the date the POLLUTION INCIDENT first commenced;and EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section II.Coverages and Duty to Defend 5. The POLLUTION INCIDENT must meet the following reporting requirements: a. The POLLUTION INCIDENT was reported to BERKLEY ENERGY GROUP no later than 90 days from the date of knowledge of the commencement of the POLLUTION INCIDENT;or b. If YOU own a NON-OPERATING WORKING INTEREST in an ENERGY SITE that has a POLLUTION INCIDENT,YOU must report to BERKLEY ENERGY GROUP no later than 120 days from the date of knowledge of the commencement of the POLLUTION INCIDENT. YOU must meet all of the ELIGIBLE POLLUTION INCIDENT requirements as an absolute condition precedent to coverage, regardless of whether or not WE are prejudiced by the failure of those requirements being met. C. Personal and Advertising Injury Liability WE will pay the amounts that an INSURED becomes legally obligated to pay as damages because of a PERSONAL AND ADVERTISING INJURY caused by an offense to which this policy applies. D. Medical Payments 1. WE will pay medical expenses for BODILY INJURY caused by an OCCURRENCE: a. On premises YOU own or rent; b. On ways next to premises YOU own or rent;or c. Because of YOUR operations; provided that: (1) The OCCURRENCE takes place in the Coverage Territory and during the policy period; (2) The expenses are incurred and reported to US within one year of the date of the OCCURRENCE;and (3) The injured person submits to examination, at OUR expense, by physicians of OUR choice as often as WE reasonably require. 2. WE will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. WE will pay reasonable and necessary expenses for: a. First aid administered at the time of an OCCURRENCE; b. Necessary medical,surgical,x-ray,and dental services,including prosthetic devices;and c. Necessary ambulance,hospital,professional nursing,and funeral services. E. Duty to Defend WE will have the right and Duty to Defend the INSURED,including without limitation,to appoint counsel to represent the INSURED against any CLAIM or SUIT seeking damages, or POLLUTION CLEAN UP COSTS arising out of an ELIGIBLE POLLUTION INCIDENT,to which this policy applies. However,WE will have no Duty to Defend the INSURED against any CLAIM or SUIT seeking damages,or POLLUTION CLEAN UP COSTS,to which this policy does not apply. WE may,at OUR discretion, investigate any OCCURRENCE, POLLUTION INCIDENT,or offense and settle any CLAIM or SUIT that may result. But: 1. The amount WE will pay for damages or POLLUTION CLEAN UP COSTS is limited as described in Section V. Limits Of Insurance;and 2. OUR right and Duty to Defend ends when WE have used up the applicable limit of insurance in the payment of judgments or settlements under Section II.A. Bodily Injury and Property Damage Liability, Section II.C. Personal and Advertising Injury Liability,or medical expenses under Section II.D. Medical Payments or POLLUTION CLEAN UP COSTS paid under Section II.B.Pollution Clean Up Costs. Other than as provided pursuant to Section VI.Supplementary Payments,WE have no other obligation or liability to pay sums or perform any acts or services. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section III.When There Is Coverage Section IV.Coverage Territory III. WHEN THERE IS COVERAGE A. This policy applies to Bodily Injury and Property Damage Liability only if: 1. The BODILY INJURY or PROPERTY DAMAGE is caused by an OCCURRENCE that takes place in the Coverage Territory described in Section IV.Coverage Territory during the policy period;and 2. Prior to the policy period, no INSURED, nor any of the INSURED's EMPLOYEES, EXECUTIVE OFFICERS, directors, owners,or AGENTS, knew that the BODILY INJURY or PROPERTY DAMAGE had occurred,in whole or in part. If any of the above knew of any BODILY INJURY or PROPERTY DAMAGE prior to the policy period, then any continuation, change, or resumption of such BODILY INJURY or PROPERTY DAMAGE during or after the policy period will not be covered. B. This policy applies to Pollution Clean Up Costs only if the POLLUTION CLEAN UP COSTS are caused by an ELIGIBLE POLLUTION INCIDENT that takes place in the Coverage Territory described in Section IV. Coverage Territory and first commences on a specific date during the policy period. C. This policy applies to Personal and Advertising Injury Liability only if: 1. The PERSONAL AND ADVERTISING INJURY is caused by an offense arising out of YOUR business, but only if the offense was committed in the Coverage Territory described in Section IV. Coverage Territory during the policy period;and 2. Prior to the policy period, no INSURED, nor any of the INSURED's EMPLOYEES, EXECUTIVE OFFICERS, directors, owners,or AGENTS knew that the PERSONAL AND ADVERTISING INJURY had occurred,in whole or in part. If any of the above knew of any PERSONAL AND ADVERTISING INJURY prior to the policy period, then any continuation,change,or resumption of such PERSONAL AND ADVERTISING INJURY during or after the policy period will not be covered. D. BODILY INJURY,PROPERTY DAMAGE,or PERSONAL AND ADVERTISING INJURY will be deemed to have been known to have occurred at the earliest time when any INSURED or any EMPLOYEE, EXECUTIVE OFFICER, director, owner, or AGENT: 1. Reports all,or any part,of the BODILY INJURY, PROPERTY DAMAGE,or PERSONAL AND ADVERTISING INJURY to BERKLEY ENERGY GROUP or any insurer; 2. Receives a written or verbal demand or CLAIM for damages because of the BODILY INJURY,PROPERTY DAMAGE, or PERSONAL AND ADVERTISING INJURY;or 3. Becomes aware by any other means that BODILY INJURY,PROPERTY DAMAGE,or PERSONAL AND ADVERTISING INJURY has occurred or has begun to occur. Subsection D.above does not apply to BODILY INJURY and PROPERTY DAMAGE resulting from an ELIGIBLE POLLUTION INCIDENT. E. Notwithstanding any other provision of this policy, BODILY INJURY and PROPERTY DAMAGE caused by an ELIGIBLE POLLUTION INCIDENT are only covered by this policy if the ELIGIBLE POLLUTION INCIDENT first commenced on a specific date during the policy period. F. Damages because of BODILY INJURY include damages claimed by any person or organization for care,loss of services, or death resulting at any time from the BODILY INJURY. IV. COVERAGE TERRITORY This policy applies to CLAIMS or SUITS,arising from OCCURRENCES or offenses,in the United States of America(including its territories and possessions), United States Federal Lease Blocks(including state waters), Puerto Rico,and Canada. It also applies to International waters and airspace, as long as the injury or damage occurs in the course of travel or transportation between the United States of America(including its territories and possessions),United States Federal Lease Blocks (including state waters), Puerto Rico, and Canada. Coverage also applies to other parts of the world for injury or damages arising out of: A. Goods or products made or sold by YOU; B. Activities of a person whose home is in the United States of America(including its territories and possessions),Puerto Rico,and Canada, but is away for a short time period on YOUR business;or EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section IV.Coverage Territory Section V. Limits of Insurance C. PERSONAL AND ADVERTISING INJURY offenses that take place through the Internet or other similar electronic means of communication; as long as an INSURED's liability to pay damages is determined in a SUIT on the merits in the United States of America (including its territories and possessions), Puerto Rico,or Canada. V. LIMITS OF INSURANCE A. The Limits Of Insurance shown on the Declarations Page and the terms below fix the most WE will pay regardless of the number of: 1. INSUREDS; 2. CLAIMS made or SUITS brought;or 3. Persons or organizations making CLAIMS or bringing SUITS. B. The General Aggregate Limit is the most WE will pay for the sum of: 1. Medical expenses under Section II.D. Medical Payments; 2. Damages under Section II.A. Bodily Injury and Property Damage Liability, except damages because of BODILY INJURY or PROPERTY DAMAGE included in the PRODUCTS-COMPLETED OPERATIONS HAZARD; 3. POLLUTION CLEAN UP COSTS under Section II.B.Pollution Clean Up Costs;and 4. Damages under Section II.C.Personal and Advertising Injury Liability. C. The Products-Completed Operations Aggregate Limit is the most WE will pay under Section H.A. Bodily Injury and Property Damage Liability for damages because of BODILY INJURY and PROPERTY DAMAGE included in the PRODUCTS-COMPLETED OPERATIONS HAZARD. D. Subject to Subsection B. above,the Personal and Advertising Injury Limit is the most WE will pay under Section II.C. Personal and Advertising Injury Liability for the sum of all damages because of all PERSONAL AND ADVERTISING INJURY sustained by any one person or organization. E. Subject to Subsection B.or C.above,whichever applies,the Each Occurrence Limit is the most WE will pay for the sum of: 1. Damages under Section II.A. Bodily Injury and Property Damage Liability; 2. POLLUTION CLEAN UP COSTS under Section II.B.Pollution Clean Up Costs;and 3. Medical expenses under Section II.D. Medical Payments; because of all BODILY INJURY, PROPERTY DAMAGE, and POLLUTION CLEAN UP COSTS arising out of any one OCCURRENCE or POLLUTION INCIDENT. The Each Occurrence Limit will apply to all BODILY INJURY, PROPERTY DAMAGE,and POLLUTION CLEAN UP COSTS arising out of any one NAMED STORM. F. Subject to Subsection E.above,the Damage to Premises Rented to You Limit is the most WE will pay under Section II. A.Bodily Injury and Property Damage Liability for damages because of PROPERTY DAMAGE to any one premises,while rented to YOU,or in the case of damage by fire,while rented to YOU or temporarily occupied by YOU with permission of the owner. G. Subject to Subsection E. above, the Medical Payments Limit is the most WE will pay under Section II.D. Medical Payments for all medical expenses because of BODILY INJURY sustained by any one person. The Limits Of Insurance of this policy apply to the policy period shown on the Declarations Page. If the existing policy period is extended after issuance for an additional period that is less than 12 months,the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. EGL1000 03 22 Includes copyrighted material of Insurance Services Office,Inc., Page 8 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VI.Supplementary Payments VI. SUPPLEMENTARY PAYMENTS A. WE will pay,with respect to any CLAIM WE investigate or settle,or any SUIT against an INSURED WE defend: 1. Bail Bonds: Up to$2,000 for the cost of Bail Bonds. WE do not have to furnish these Bail Bonds. 2. Bonds to Release Attachments: The cost of Bonds to Release Attachments,but only for bond amounts within the applicable limit of insurance. WE do not have to furnish these bonds. 3. Control of Well Expenses: Up to $50,000 for CONTROL OF WELL EXPENSES related to CONTROL OF WELL ACTIVITIES required to be undertaken by or on behalf of the NAMED INSURED because of a CONTROL OF WELL INCIDENT arising from YOUR PRODUCING WELL on dry land. 4. Court Costs: All Court Costs taxed against the INSURED in the SUIT. However,these payments do not include attorneys'fees or attorneys'expenses taxed against the INSURED. 5. Expenses: All Expenses WE incur. Expenses,pursuant to Paragraph 5.,include media expenses that WE incur in an amount not to exceed$10,000 if WE choose at OUR option to incur media expenses. 6. Investigation and Defense Expenses Incurred by the Insured at Our Request: All reasonable and necessary expenses incurred by the INSURED at OUR request to assist US in the investigation or defense of the CLAIM or SUIT, including actual loss of earnings up to$1,000 a day because of time off from work. 7. Prejudgment Interest: Prejudgment Interest awarded against the INSURED on that part of the judgment WE pay. If WE make an offer to pay the applicable limit of insurance,WE will not pay any Prejudgment Interest based on that period of time after the offer. S. Post Judgment Interest: All interest on the full amount of any judgment that accrues after entry of the judgment and before WE have paid, offered to pay,or deposited in court,the part of the judgment that is within the applicable limit of insurance. B. Indemnitee Defense Expenses If an INDEMNITEE of the INSURED is named as a party to a SUIT,defense costs for the INDEMNITEE will not reduce the applicable limit of insurance if all of the following conditions have been met: 1. The SUIT against the INDEMNITEE seeks damages for which the INSURED has assumed the liability of the INDEMNITEE in a written contract or written agreement that is an INSURED CONTRACT; 2. This policy applies to such liability assumed by the INSURED; 3. The obligation to defend,or the cost of the defense of,that INDEMNITEE has also been assumed by the INSURED in the same INSURED CONTRACT; 4. The INDEMNITEE agrees to cooperate with US and allows US to conduct and control the defense of the INDEMNITEE including, but not limited to,appointing counsel; 5. The INDEMNITEE agrees to and does immediately send US copies of any demands,notices,summonses,or legal papers received in connection with the SUIT;and 6. The INDEMNITEE provides US with written authorization to obtain records and other information related to the SUIT. OUR obligation to make any Supplementary Payments,as respects Subsections A.and B.above,ends when WE have used up the applicable limit of insurance through payments of judgments,settlements,or POLLUTION CLEAN UP COSTS. Supplementary Payments will not reduce the applicable limit of insurance. Supplementary Payments do not include any fine or other penalty. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 9 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions VII. EXCLUSIONS A. Bodily Injury,Property Damage,Pollution Clean Up Costs,and Personal and Advertising Injury Exclusions The following Exclusions apply to Section II.A.Bodily Injury and Property Damage Liability,B.Pollution Clean Up Costs, and C. Personal and Advertising Injury Liability; This policy does not apply to: 1. Acid Rain: a. BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY arising out of the actual,alleged,suspected presence of,physical exposure to,or threat of exposure to ACID RAIN. b. Any loss,cost,or expense including,but not limited to,defense costs,CLAIM expenses,bonds,or fees arising out of: (1) Any CLAIM,SUIT,request,demand,or order that any INSURED or others identify,abate,test for,sample, monitor,clean up,remove,cover,contain,treat,detoxify,decontaminate,neutralize,MITIGATE,or in any way respond to or assess the effects of ACID RAIN;or repair,replace,or improve any property as a result of such effects;or (2) Any CLAIM, SUIT, request, demand, or order by or on behalf of a government authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing, mitigating, or in any way responding to or assessing the effects of ACID RAIN;or repairing,replacing,or improving any property as a result of such effects. 2. Asbestos,Lead,Radioactive Material,or Silica and Silica-Related Dust: a. BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY arising out of the actual,alleged,or suspected: (1) Ingestion of, inhalation of, absorption of, presence of, physical exposure to, threatened exposure to, contact with, threatened contact with, or existence of ASBESTOS, LEAD, RADIOACTIVE MATERIAL, or SILICA and SILICA-RELATED DUST in any form,including,but not limited to,goods or products containing any form of ASBESTOS, LEAD,RADIOACTIVE MATERIAL,or SILICA and SILICA-RELATED DUST; (2) Use of any form of ASBESTOS, LEAD, RADIOACTIVE MATERIAL,or SILICA and SILICA-RELATED DUST in constructing or manufacturing any good,product,or structure; (3) Removal of any form of ASBESTOS, LEAD, RADIOACTIVE MATERIAL, or SILICA and SILICA-RELATED DUST from any good,product,or structure;or (4) The manufacture,intellectual development,sale,transportation,storage,or disposal of ASBESTOS,LEAD, RADIOACTIVE MATERIAL,or SILICA and SILICA-RELATED DUST,or goods or products containing any form of ASBESTOS,LEAD,RADIOACTIVE MATERIAL,or SILICA and SILICA-RELATED DUST. b. Any loss,cost,or expense including,but not limited to,defense costs,CLAIM expenses,bonds,or fees arising out of: (1) Any CLAIM,SUIT,request,demand,or order that any INSURED or others identify,abate,test for,sample, monitor, clean up, remove,cover, contain, treat,detoxify, decontaminate, neutralize, or MITIGATE, or in any way respond to or assess the effects of ASBESTOS, LEAD, RADIOACTIVE MATERIAL, or SILICA and SILICA-RELATED DUST;or repair,replace,or improve any property as a result of such effects; or (2) Any CLAIM, SUIT, request, demand, or order by or on behalf of a government authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing, mitigating, or in any way responding to or assessing the effects of ASBESTOS, LEAD, RADIOACTIVE MATERIAL, or SILICA and SILICA-RELATED DUST;or repairing,replacing,or improving any property as a result of such effects. This Exclusion does not apply to RADIOACTIVE MATERIAL while used in well logging or measuring tools. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 10 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions 3. Control of Well Expenses: CONTROL OF WELL EXPENSES arising out of a CONTROL OF WELL INCIDENT. This Exclusion does not apply to: a. CONTROL OF WELL EXPENSES expressly provided for in Section VI.A.3.Control of Well Expenses. b. Damages caused by YOUR WORK resulting in a CONTROL OF WELL INCIDENT,unless: (1) YOU are the OPERATOR or own a NON-OPERATING WORKING INTEREST in the well; (2) YOU have assumed liability for a CONTROL OF WELL INCIDENT by contract or agreement for the well, including,but not limited to,a turnkey work agreement;or (3) YOU or someone on YOUR behalf was obligated to obtain Control of Well or other similar insurance, regardless of whether such insurance is in force or the limits of liability are available. 4. Employment-Related Practices: a. BODILY INJURY, PROPERTY DAMAGE,POLLUTION CLEAN UP COSTS,PERSONAL AND ADVERTISING INJURY, or any other damages sustained at any time by any person, whether or not sustained in the course of employment by an INSURED,arising directly or indirectly out of any employment-related act,omission,policy, practice,or representation directed at such person,occurring in whole or in part at any time, including any: (1) Arrest,detention,or imprisonment; (2) Breach of any express or implied covenant; (3) Coercion,criticism,humiliation,prosecution,or retaliation; (4) Defamation or disparagement; (5) Demotion,discipline,evaluation,or reassignment; (6) Discrimination,harassment,or segregation; (7) Eviction, invasion,or other violation of any right of occupancy; (8) Failure or refusal to advance,compensate,employ,or promote; (9) Invasion or other violation of any right of privacy or publicity; (10)Termination of employment;or (11)Other employment-related act, omission, policy, practice, representation, or relationship in connection with any INSURED at any time. b. Any damages sustained by the spouse, child, parent, or sibling of such a person as a consequence of damages to that person at whom any Employment-Related Practice as described in Subparagraph a. is directed. This Exclusion applies whether the INSURED may be liable as an employer or in any other capacity; and to any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. 5. Enhancement,Maintenance,or Capital Expenditures: Any loss,cost,or expense incurred by YOU or others after an OCCURRENCE or POLLUTION INCIDENT,for any: a. Enhancement or maintenance of any property;or b. Expenditure or improvement that would qualify as a CAPITAL EXPENDITURE. 6. Fines or Penalties: Any criminal, civil, or administrative fine or penalty. This Exclusion does not apply to punitive or exemplary damages,if insuring such damages is legal and not against public policy under the law of the jurisdiction pursuant to which this policy is construed. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 11 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions 7. Fungi or Bacteria: a. BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY which would not have occurred,in whole or in part,but for the actual,alleged,or threatened inhalation of, ingestion of, contact with, exposure to,existence of,or presence of,any FUNGI or Bacteria on or within a building or structure,including its contents,regardless of whether any other cause,event,material,or product contributed concurrently or in any sequence to such injury or damage. b. Any loss,cost,or expense including,but not limited to,defense costs,CLAIM expenses,bonds,or fees arising out of: (1) Any CLAIM,SUIT,request,demand,or order that any INSURED or others identify,abate,test for,sample, monitor,clean up,remove,cover,contain,treat,detoxify,decontaminate,neutralize,MITIGATE,or in any way respond to or assess the effects of FUNGI or Bacteria;or repair,replace,or improve any property as a result of such effects;or (2) Any CLAIM, SUIT, request, demand, or order by or on behalf of a government authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing, mitigating, or in any way responding to or assessing the effects of FUNGI or Bacteria; or repairing, replacing, or improving any property as a result of such effects. S. Government Identified Contaminated Site: BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY arising out of any GOVERNMENT IDENTIFIED CONTAMINATED SITE. 9. Nuclear Energy: a. BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY: (1) With respect to which an INSURED under this policy also has status as an INSURED under a Nuclear Energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would have had status as an INSURED under any such policy but for its termination upon exhaustion of its limits of insurance;or (2) Arising out of the NUCLEAR HAZARDOUS PROPERTIES of NUCLEAR MATERIAL and with respect to which: (a) Any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954,or any law amending that Act;or (b) Any INSURED is,or had this policy not been issued would be, entitled to indemnity from the United States of America,or any agency of the United States of America with any person or organization. b. BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY arising out of NUCLEAR HAZARDOUS PROPERTIES of NUCLEAR MATERIAL: (1) If the NUCLEAR MATERIAL: (a) Is at any NUCLEAR FACILITY owned by,or operated by or on behalf of,any INSURED; (b) Has been discharged or dispersed from that NUCLEAR FACILITY; (c) Is contained in NUCLEAR SPENT FUEL or NUCLEAR WASTE at any time transported,handled,stored, disposed of,processed,treated,possessed,or used by or on behalf of any INSURED;or (2) In any way related to the furnishing by an INSURED of services, materials, parts, or equipment in connection with the planning, construction, maintenance, operation, or use of any NUCLEAR FACILITY. But if such facility is located within the United States of America(including its possessions or territories) or Canada, this Subparagraph (2), applies only to NUCLEAR PROPERTY DAMAGE to such NUCLEAR FACILITY and any property thereat. 10. Recall of Products.Work,or Impaired Property: Any loss, cost, or expense incurred by YOU or others for the loss of use, withdrawal, recall, inspection, repair, replacement,adjustment,removal,or disposal of: a. YOUR PRODUCT; b. YOUR WORK;or EGL1 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 12 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions C. IMPAIRED PROPERTY; if such product,work,or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect,deficiency,inadequacy,or dangerous condition in it. 11. Recording and Distribution of Material or Information in Violation of Law: BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act(TCPA)including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003 including any amendment of or addition to such law; c. The Fair Credit Reporting Act(FCRA)and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act(FACTA);or d. Any federal,state,or local statute,ordinance,or regulation,other than the TCPA,CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal,collecting,recording,sending,transmitting,communicating,or distribution of material or information. 12. War: BODILY INJURY, PROPERTY DAMAGE, POLLUTION CLEAN UP COSTS, or PERSONAL AND ADVERTISING INJURY, however caused,arising out of WAR. 13. Workers'Compensation or Similar Laws: Any obligation of the INSURED under any state or federal Workers' Compensation, disability benefits, or unemployment compensation law or any similar law. Exclusions in Paragraphs 10. and 12. above do not apply to damage by fire to premises while rented to YOU or temporarily occupied by YOU with permission of the owner. A separate limit of insurance applies to this coverage as described in Section V. Limits Of Insurance. B. Bodily Injury and Property Damage Liability Exclusions In addition to those Exclusions listed above in Section VII.A.,the following Exclusions apply to Section II.A.Bodily Injury and Property Damage Liability; This policy does not apply to: 1. Aircraft,Auto,or Watercraft: BODILY INJURY or PROPERTY DAMAGE arising out of the ownership, maintenance, use,or entrustment to others of any AIRCRAFT,AUTO,or Watercraft owned or operated by, rented by,chartered by, loaned to, leased to,for,or by,or hired or borrowed for or by any INSURED. Use includes operation and LOADING OR UNLOADING. This Exclusion applies even if the CLAIMS against any INSURED allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that INSURED, if the OCCURRENCE which caused the BODILY INJURY or PROPERTY DAMAGE involved the ownership, maintenance, use, or entrustment to others of any AIRCRAFT, AUTO, or Watercraft that is owned or operated by, rented by, chartered by, loaned to, leased to,for,or by,or hired or borrowed for or by any INSURED. This Exclusion does not apply to: a. A watercraft while ashore on premises YOU own or rent; b. A watercraft YOU do not own that is: (1) Less than 100 feet long;and (2) Not being used by YOU to carry persons or property for a charge; c. Parking an AUTO on,or on the ways next to,premises YOU own or rent,provided the AUTO is not owned by or rented or loaned to YOU or any INSURED; EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 13 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions d. Liability assumed under any INSURED CONTRACT for the ownership, maintenance, or use of AIRCRAFT or watercraft. However,this Exclusion will apply to: (1) Watercraft under bareboat or demise charter agreements;and (2) BODILY INJURY,PROPERTY DAMAGE,or any other loss,cost,or expense that may be recoverable under the INSURED's or OPERATOR'S Hull, Protection&Indemnity coverage, including CLAIMS for contractual liability; Marine Operators/Charterer's Liability coverage, or any similar marine insurance coverages on owned,operated,chartered,or brokered watercraft;or e. BODILY INJURY or PROPERTY DAMAGE arising out of: (1) The operation of machinery or equipment that is attached to,or part of,a land vehicle that would qualify under the definition of MOBILE EQUIPMENT if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged;or (2) The operation of any of the machinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of MOBILE EQUIPMENT. 2. Contractual Liability: BODILY INJURY or PROPERTY DAMAGE for which the INSURED is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This Exclusion does not apply to liability for damages: a. That the INSURED would have in the absence of the contract or agreement;or b. Assumed in a contract or agreement that is an INSURED CONTRACT, provided the BODILY INJURY or PROPERTY DAMAGE occurs after the execution of the contract or agreement. 3. Damage to Impaired Property or Property Not Physically Iniured: PROPERTY DAMAGE to IMPAIRED PROPERTY or property that has not been physically injured,arising out of: a. A defect,deficiency,inadequacy,or dangerous condition in YOUR PRODUCT or YOUR WORK;or b. A delay or failure by YOU or anyone acting on YOUR behalf to perform a contract or agreement in accordance with its terms. This Exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to YOUR PRODUCT or YOUR WORK after it has been put to its intended use. 4. Damage to Property: PROPERTY DAMAGE to: a. Property YOU own, rent,or occupy including any loss,cost,or expense incurred by YOU or any other person or organization,for repair, replacement,enhancement, restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property. This Exclusion does not apply to UNDERGROUND OILFIELD EQUIPMENT of others if YOU are an OILFIELD SERVICES CONTRACTOR; b. Premises YOU sell,give away,or abandon,if the PROPERTY DAMAGE arises out of any part of those premises; c. Property loaned to YOU; d. Personal property in the care, custody, or control of the INSURED. This Exclusion does not apply to UNDERGROUND OILFIELD EQUIPMENT of others if YOU are an OILFIELD SERVICES CONTRACTOR; e. That particular part of real property on which YOU or any contractors or subcontractors working directly or indirectly on YOUR behalf are performing operations,if the PROPERTY DAMAGE arises out of those operations. This Exclusion does not apply to PROPERTY DAMAGE to UNDERGROUND RESOURCES or the WELL BORE, for which YOU have no ownership interest; however,this Exclusion will apply to PROPERTY DAMAGE to that specific part of the WELL BORE on which YOU are actually working;or f. That particular part of any property that must be restored, repaired, or replaced because YOUR WORK was incorrectly performed on it. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 14 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions Subparagraphs a. and c. of this Exclusion do not apply to PROPERTY DAMAGE (other than damage by fire) to premises, including the contents of such premises, rented to YOU for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section V. Limits Of Insurance. Subparagraph b. of this Exclusion does not apply if the premises are YOUR WORK and were never occupied, rented,or held for rental by YOU. Subparagraphs c.,d.,e.,and f.of this Exclusion do not apply to liability assumed under a sidetrack agreement. Subparagraph f.of this Exclusion does not apply to PROPERTY DAMAGE included in the PRODUCTS-COMPLETED OPERATIONS HAZARD. 5. Damage to Your Product: Any PROPERTY DAMAGE to YOUR PRODUCT arising out of it or any part of it. 6. Damage to Your Work: Any PROPERTY DAMAGE to YOUR WORK arising out of it or any part of it and included in the PRODUCTS- COMPLETED OPERATIONS HAZARD. This Exclusion does not apply if the damaged work or the work out of which the damage arises was performed on YOUR behalf by a subcontractor. 7. Disclosure of or Access to Confidential or Personal Information and Data-Related Liability: BODILY INJURY or PROPERTY DAMAGE arising out of: a. Any disclosure of or access to any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information,or any other type of nonpublic information;or b. The loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate ELECTRONIC DATA. This Exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses,or any other loss, cost,or expense incurred by YOU or others arising out of that which is described in Subparagraph a.or b.above. 8. Employers'Liability: BODILY INJURY to: a. An EMPLOYEE of the INSURED arising out of and in the course of: (1) Employment by the INSURED;or (2) Performing duties related to the conduct of the INSURED's business;or b. The spouse,child,parent,or sibling of that EMPLOYEE as a consequence of Subparagraph a.above. This Exclusion applies whether the INSURED may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This Exclusion does not apply to liability assumed by the INSURED under an INSURED CONTRACT. 9. Expected or Intended Injury: BODILY INJURY or PROPERTY DAMAGE expected or intended from the standpoint of the INSURED. This Exclusion does not apply to BODILY INJURY or PROPERTY DAMAGE resulting from the use of reasonable force to protect persons or tangible property. 10. Liquor Liability: BODILY INJURY or PROPERTY DAMAGE for which any INSURED may be held liable by reason of: a. Causing or contributing to the intoxication of any person; b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 15 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions c. Any statute,ordinance,or regulation relating to the sale,gift,distribution,or use of alcoholic beverages. This Exclusion applies only if YOU are in the business of manufacturing,distributing,selling,serving,or furnishing alcoholic beverages. 11. Mobile Equipment: Any BODILY INJURY or PROPERTY DAMAGE arising out of: a. The transportation of MOBILE EQUIPMENT by an AUTO owned or operated by or rented or loaned to any INSURED;or b. The use of MOBILE EQUIPMENT in,or while in practice for,or while being prepared for,any prearranged racing, speed,demolition,or stunt activity. 12. Personal and Advertising Injury: BODILY INJURY arising out of PERSONAL AND ADVERTISING INJURY. 13. Pollution: a. BODILY INJURY or PROPERTY DAMAGE arising out of or resulting from the actual, alleged, or threatened discharge,dispersal,seepage,migration,release,or escape of POLLUTANTS: (1) At or from any premises,site,or location which is or was at any time owned or occupied by,or rented or loaned to,any INSURED. However,this Subparagraph(1)does not apply to: (a) BODILY INJURY if sustained within a building and caused by smoke,fumes,vapor,or soot produced by or originating from equipment that is used to heat, cool,or dehumidify the building or equipment that is used to heat water for personal use,by the building's occupants or their guests; (b) BODILY INJURY or PROPERTY DAMAGE for which YOU may be held liable, if YOU are a contractor and the owner or lessee of such premises, site, or location has been added to YOUR policy as an Additional Insured with respect to YOUR ongoing operations performed for that Additional Insured at that premises, site,or location;and such premises, site, or location is not and never was owned or occupied by,or rented or loaned to,any INSURED,other than that Additional Insured; (c) BODILY INJURY or PROPERTY DAMAGE arising out of heat,smoke,or fumes from a HOSTILE FIRE; or (d) BODILY INJURY or PROPERTY DAMAGE arising out of an ELIGIBLE POLLUTION INCIDENT; (2) At or from any premises,site,or location which is or was at any time used by or for any INSURED or others for the handling,storage,disposal, processing,or treatment of WASTE; (3) Which are or were at any time transported,handled,stored,treated,disposed of,or processed as WASTE by or for: (a) Any INSURED;or (b) Any person or organization for whom YOU may be legally responsible; (4) At or from any premises, site, or location on which any INSURED or any contractors or subcontractors working directly or indirectly on any INSURED's behalf are performing operations if the POLLUTANTS are brought on or to the premises, site, or location in connection with such operations by such INSURED, contractor,or subcontractor. However,this Subparagraph(4)does not apply to: (a) BODILY INJURY or PROPERTY DAMAGE arising out of the escape of fuels, lubricants, or other operating fluids which are needed to perform the normal electrical,hydraulic,or mechanical functions necessary for the operation of MOBILE EQUIPMENT or its parts, if such fuels, lubricants, or other operating fluids escape from a vehicle part designed to hold,store,or receive them. This exception, does not apply if the BODILY INJURY or PROPERTY DAMAGE arises out of the intentional discharge,dispersal,or release of the fuels,lubricants,or other operating fluids,or if such fuels,lubricants,or other operating fluids are brought on or to the premises,site,or location with the intent that they be discharged, dispersed,or released as part of the operations being performed by such INSURED,contractor,or subcontractor; EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 16 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions (b) BODILY INJURY or PROPERTY DAMAGE sustained within a building and caused by the release of gases,fumes,or vapors from materials brought into that building in connection with operations being performed by YOU or on YOUR behalf by a contractor or subcontractor; (c) BODILY INJURY or PROPERTY DAMAGE arising out of heat,smoke,or fumes from a HOSTILE FIRE; or (d) BODILY INJURY or PROPERTY DAMAGE arising out of an ELIGIBLE POLLUTION INCIDENT; (5) At or from any premises, site, or location on which any INSURED or any contractors or subcontractors working directly or indirectly on any INSURED's behalf are performing operations if the operations are to identify,abate,test for,sample,monitor,clean up,remove,cover,contain,treat,detoxify,decontaminate, neutralize,MITIGATE,or in any way respond to or assess the effects of POLLUTANTS;or (6) At or from any UNDERGROUND STORAGE TANK. b. Any loss,cost,or expense arising out of any: (1) Request,demand,order,or statutory or regulatory requirement that any INSURED or others identify,abate, test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify, decontaminate, neutralize, MITIGATE,or in any way respond to or assess the effects of POLLUTANTS;or (2) CLAIM, SUIT, or proceeding by or on behalf of a governmental authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing,treating,detoxifying,decontaminating,neutralizing, mitigating,or in any way responding to or assessing the effects of POLLUTANTS. However,this Subparagraph b. does not apply to liability for damages because of PROPERTY DAMAGE that the INSURED would have in the absence of such request, demand, order, or statutory or regulatory requirement,or such CLAIM or SUIT by or on behalf of a governmental authority. Exclusions in Paragraphs 1.,3.through 6.,8., 10., 11.,and 13.above do not apply to damage by fire to premises while rented to YOU or temporarily occupied by YOU with permission of the owner. A separate limit of insurance applies to this coverage as described in Section V. Limits Of Insurance as shown on the Declarations Page. C. Pollution Clean Up Costs Exclusions In addition to those Exclusions listed above in Section VII.A.,the following Exclusions apply to Section II. B. Pollution Clean Up Costs; This policy does not apply to: 1. Aircraft,Auto,or Watercraft: POLLUTION CLEAN UP COSTS arising out of the ownership, maintenance, use, or entrustment to others of any AIRCRAFT, AUTO, or Watercraft owned or operated by, rented by, chartered by, or loaned to any INSURED. As respects this Exclusion,use includes operation and LOADING OR UNLOADING. 2. Expected or Intended Injury: POLLUTION CLEAN UP COSTS expected or intended from the standpoint of the INSURED. 3. Failure to Comply with Laws: POLLUTION CLEAN UP COSTS arising out of or resulting from any failure to comply with any law,statute,regulation, ordinance,governmental directive,or order; provided that such failure is a willful or deliberate act or omission by or on behalf of the INSURED. 4. Waste: POLLUTION CLEAN UP COSTS arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration,release,or escape of POLLUTANTS which are or were at any time transported,handled,stored,treated, disposed of,or processed as WASTE. 5. Waste Site,Abandoned Premises,or Underground Storage Tanks: POLLUTION CLEAN UP COSTS arising out of or in any way related to any actual,alleged,or threatened POLLUTION INCIDENT at,from,or related to any: a. WASTE SITE; EGL1 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 17 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions b. Premises,site,or location any INSURED has sold,given away,or abandoned;or c. UNDERGROUND STORAGE TANKS. D. Personal and Advertising Injury Liability Exclusions In addition to those Exclusions listed above in Section VII.A.,the following Exclusions apply to Section II.C. Personal and Advertising Injury Liability; This policy does not apply to: 1. Breach of Contract: PERSONAL AND ADVERTISING INJURY arising out of a Breach of Contract, except an implied contract to use another's advertising idea in YOUR ADVERTISEMENT. 2. Contractual Liability: PERSONAL AND ADVERTISING INJURY for which the INSURED has assumed liability in a contract or agreement. This Exclusion does not apply to liability for damages that the INSURED would have in the absence of the contract or agreement. 3. Criminal Acts: PERSONAL AND ADVERTISING INJURY arising out of any Criminal Act or fraudulent conduct committed by,with the consent or knowledge of,or at the direction of the INSURED. 4. Electronic Chatrooms or Bulletin Boards: PERSONAL AND ADVERTISING INJURY arising out of an Electronic Chatroom or Bulletin Board the INSURED hosts, owns,or over which the INSURED exercises control. 5. Infringement of Copyright,Patent,Trademark,or Trade Secret: PERSONAL AND ADVERTISING INJURY arising out of the Infringement of Copyright, Patent, Trademark, Trade Secret, or other intellectual property rights. Under this Exclusion, such other intellectual property rights do not include the use of another's advertising idea in YOUR ADVERTISEMENT. However, this Exclusion does not apply to infringement, in YOUR ADVERTISEMENT, of copyright, trade dress, or slogan. 6. Insureds in Media and Internet Type Businesses: a. PERSONAL AND ADVERTISING INJURY committed by an INSURED whose business is: (1) Advertising, broadcasting,webcasting,publishing,or telecasting; (2) Designing or determining content of websites for others;or (3) An Internet search,access,content,or service provider. b. PERSONAL AND ADVERTISING INJURY arising out of: (1) Controlling,creating,designing,or developing of another's Internet site; (2) Controlling,creating,designing,developing,determining,or providing the content or material of another's Internet site; (3) Controlling, facilitating, or providing, or failing to control, facilitate,or provide, access to the Internet, or another's Internet site;or (4) Publication of content or material on or from the Internet, other than material developed by YOU or at YOUR location. However, this Exclusion does not apply to Paragraphs a., b., and c. of the definition of PERSONAL AND ADVERTISING INJURY. For the purposes of this Exclusion,the placing of frames,borders,links,or advertising,for YOU or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing,or telecasting. 7. Knowing Violation of Rights of Another: PERSONAL AND ADVERTISING INJURY caused by or at the direction of the INSURED with the knowledge that the act would violate the rights of another and would inflict PERSONAL AND ADVERTISING INJURY. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 18 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions 8. Material Published with Knowledge of Falsity: PERSONAL AND ADVERTISING INJURY arising out of oral or written publication, in any manner,of material,if done by or at the direction of the INSURED with knowledge of its falsity. 9. Material Published Prior to Policy Period: PERSONAL AND ADVERTISING INJURY arising out of oral or written publication, in any manner,of material whose first publication took place before the beginning of the policy period. 10. Pollution: PERSONAL AND ADVERTISING INJURY arising out of the actual, alleged, or threatened discharge, dispersal, seepage,migration,release,or escape of POLLUTANTS at any time. 11. Pollution-Related: Any loss,cost,or expense arising out of any: a. Request,demand,order,or statutory or regulatory requirement that any INSURED or others identify,abate,test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify, neutralize, MITIGATE, or in any way respond to or assess the effects of POLLUTANTS;or b. CLAIM, SUIT, or proceeding by or on behalf of a governmental authority for damages because of identifying, abating, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, neutralizing, mitigating,or in any way responding to or assessing the effects of POLLUTANTS. 12. Quality or Performance of Goods—Failure to Conform to Statements: PERSONAL AND ADVERTISING INJURY arising out of the failure of goods, products,or services to conform to any statement of quality or performance made in YOUR ADVERTISEMENT. 13. Unauthorized Use of Another's Name or Product: PERSONAL AND ADVERTISING INJURY arising out of the Unauthorized Use of Another's Name or Product in YOUR e-mail address,domain name,METATAG,or any other similar tactics to mislead another's potential customers. 14. Wrong Description of Prices: PERSONAL AND ADVERTISING INJURY arising out of the wrong description of the price of goods, products, or services stated in YOUR ADVERTISEMENT. 15. Disclosure of or Access to Confidential or Personal Information: PERSONAL AND ADVERTISING INJURY arising out of any disclosure of or access to any person's or organization's confidential or personal information,including patents,trade secrets,processing methods,customer lists,financial information,credit card information,health information,or any other type of nonpublic information. This Exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss,cost,or expense incurred by YOU or others arising out of any disclosure of or access to any person's or organization's confidential or personal information. 16. Unmanned Aircraft: PERSONAL AND ADVERTISING INJURY arising out of the ownership,maintenance,use,or entrustment to others of any UNMANNED AIRCRAFT owned or operated by,rented by,chartered by,or loaned to any INSURED. Use includes operation and LOADING OR UNLOADING. This Exclusion applies even if the CLAIMS against any INSURED allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that INSURED, if the OCCURRENCE which caused the PERSONAL AND ADVERTISING INJURY involved the ownership, maintenance, use, or entrustment to others of any UNMANNED AIRCRAFT owned or operated by, rented by,chartered by,or loaned to an INSURED. This Exclusion does not apply to: a. The use of another's advertising idea in YOUR ADVERTISEMENT;or b. Infringing upon another's copyright,trade dress,or slogan in YOUR ADVERTISEMENT. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 19 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VII. Exclusions Section VIII.General Conditions E. Medical Payments Exclusions The following Exclusions apply to Section II.D. Medical Payments; WE will not pay medical expenses for BODILY INJURY: 1. Any Insured: To any INSURED,except VOLUNTEER WORKERS. 2. Athletic Activities: To a person injured while practicing,instructing,or participating in any physical exercises,games,sports,or athletic contests. 3. Bodily Injury and Property Damage Coverage Exclusions: Excluded under Section II.A.Bodily Injury and Property Damage Liability. 4. Hired Person: To a person hired to do work for or on behalf of any INSURED or a tenant of any INSURED. 5. Injury on Normally Occupied Premises: To a person injured on that part of premises YOU own or rent that the person normally occupies. 6. Products-Completed Operations Hazard: Included within the PRODUCTS-COMPLETED OPERATIONS HAZARD. 7. Workers'Compensation or Similar Laws: To a person,whether or not an EMPLOYEE of any INSURED,if benefits for the BODILY INJURY are payable or must be provided under a Workers'Compensation or disability benefits law or a similar law. VIII. GENERAL CONDITIONS A. Bankruptcy Bankruptcy or insolvency of the INSURED or of the INSURED's estate will not relieve US of OUR obligations under this policy. B. Cancellation 1. The first NAMED INSURED shown on the Declarations Page may cancel this policy by mailing or delivering to US advance written notice of Cancellation. 2. WE may cancel this policy by mailing or delivering to the first NAMED INSURED written notice of Cancellation at least: a. 10 days before the effective date of Cancellation if WE cancel for nonpayment of premium;or b. 60 days before the effective date of Cancellation if WE cancel for any other reason. 3. WE will mail or deliver OUR notice to the first NAMED INSURED's last mailing address known to US. 4. Notice of Cancellation will state the effective date of Cancellation. The policy period will end on that date. 5. If this policy is cancelled,WE will send the first NAMED INSURED any premium refund due. If WE cancel,the refund will be pro rata. If the first NAMED INSURED cancels,the refund may be less than pro rata. The Cancellation will be effective even if WE have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. C. Changes This policy contains all the agreements between YOU and US concerning the insurance afforded. The first NAMED INSURED shown on the Declarations Page is authorized to make Changes in the terms of this policy with OUR consent. This policy's terms can be amended or waived only by endorsement issued by US and made a part of this policy. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 20 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VIII. General Conditions D. Duties in the Event of Occurrence,Offense,Claim,or Suit 1. YOU must see to it that BERKLEY ENERGY GROUP is notified as soon as practicable of any OCCURRENCE or any offense which may result in a CLAIM. To the extent possible,notice should include: a. How,when,and where the OCCURRENCE or offense took place; b. The names and addresses of any injured persons and witnesses;and c. The nature and location of any injury or damage arising out of the OCCURRENCE or offense. 2. If a CLAIM is made or SUIT is brought against any INSURED,YOU must: a. Immediately record the specifics of the CLAIM or SUIT and the date received;and b. Notify US and see to it that BERKLEY ENERGY GROUP receives written notice of the CLAIM or SUIT as soon as practicable. 3. YOU and any other involved INSURED must: a. Immediately send BERKLEY ENERGY GROUP copies of any demands, notices, summonses, or legal papers received in connection with the CLAIM or SUIT; b. Authorize BERKLEY ENERGY GROUP to obtain records and other information; c. Cooperate with BERKLEY ENERGY GROUP in the investigation or settlement of the CLAIM or defense against the SUIT;and d. Assist BERKLEY ENERGY GROUP upon request, in the enforcement of any right against any person or organization which may be liable to the INSURED because of injury or damage to which this policy may also apply. 4. No INSURED will,except at that INSURED's own cost,voluntarily make a payment,assume any obligation,or incur any expense,other than for first aid,without consent of BERKLEY ENERGY GROUP. 5. If a CONTROL OF WELL INCIDENT occurs, YOU agree, at YOUR own cost or expense, subject to Section VI. Supplementary Payments,A.3.Control of Well Expenses,to promptly and diligently take any steps legally required or necessary to engage in CONTROL OF WELL ACTIVITIES to remedy the problem. In the event of a CLAIM,call 1.877.515.CLMS(1.877.515.2567). E. Duties in the Event of a Pollution Incident 1. YOU must take reasonable steps to MITIGATE the damage because of the POLLUTANTS and commence the clean up of POLLUTANTS. Any cost,expense,or payment incurred for the clean up of POLLUTANTS must be reasonable and necessary. 2. YOU must notify BERKLEY ENERGY GROUP no later than 90 days (or 120 days if YOU are a NON-OPERATING WORKING INTEREST owner)from the date when any INSURED,AGENT,OPERATOR,or ENERGY SITE CONTRACTOR first gained knowledge of the POLLUTION INCIDENT. The notice should include: a. The date and time the POLLUTION INCIDENT commenced; b. The date and time the POLLUTION INCIDENT was first discovered by any INSURED, AGENT, OPERATOR, or ENERGY SITE CONTRACTOR and the identification of the person who first discovered the POLLUTION INCIDENT; c. Where the POLLUTION INCIDENT took place; d. The identification and quantity of the POLLUTANTS involved in the POLLUTION INCIDENT;and e. The nature and location of any injury or damage arising out of the POLLUTION INCIDENT. 3. If a CLAIM is made or SUIT is brought against any INSURED arising out of a POLLUTION INCIDENT,YOU must: a. Immediately record the specifics of the CLAIM or SUIT and the date received;and b. Notify US and see to it that BERKLEY ENERGY GROUP receives written notice of the CLAIM or SUIT as soon as practicable. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 21 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VIII.General Conditions 4. YOU and any other involved INSURED must: a. Immediately send BERKLEY ENERGY GROUP copies of any demands, notices, summonses, or legal papers received in connection with the CLAIM or SUIT; b. Authorize BERKLEY ENERGY GROUP to obtain records and other information; c. Cooperate with BERKLEY ENERGY GROUP in the investigation or settlement of the CLAIM or defense against the SUIT;and d. Assist BERKLEY ENERGY GROUP upon request, in the enforcement of any right against any person or organization which may be liable to the INSURED because of POLLUTION CLEAN UP COSTS,injury or damage to which this policy may also apply. In the event of a POLLUTION INCIDENT,call 1.877.515.CLMS(1.877.515.2567). F. Examination of Your Books and Records WE may examine and audit YOUR books and records as they relate to this policy at any time during the policy period and up to three years afterward. G. Independent Counsel In the event the INSURED is entitled by law to select Independent Counsel to defend the INSURED at OUR expense,the attomey fees and all other litigation expenses WE must pay to that counsel are limited to the rates WE actually pay to counsel WE retain in the ordinary course of OUR business in the defense of CLAIMS or SUITS in the community where the CLAIM or SUIT is being defended. Additionally,WE may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending CLAIMS or SUITS similar to the one against the INSURED, and to require such counsel to have malpractice insurance coverage. As respects any such counsel,the INSURED agrees that the INSURED and that counsel will respond timely to OUR request for information regarding the CLAIM or SUIT to the extent allowable by law. Furthermore,the INSURED may at any time,by its signed consent,freely and fully waive its right to select Independent Counsel. H. Inspections and Surveys 1. WE have the right to: a. Make Inspections and Surveys at any time; b. Give YOU reports on the conditions WE find;and c. Recommend changes. 2. WE are not obligated to make any inspections,surveys,reports,or recommendations,and any such actions WE do undertake relate only to insurability and the premiums to be charged. WE do not make safety inspections. WE do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. In addition,WE do not warrant that conditions: a. Are safe or healthful;or b. Comply with laws,regulations,codes,or standards. 3. Paragraphs 1.and 2.of this condition apply not only to US,but also to any rating,advisory,rate service,or similar organization which makes insurance inspections,surveys,reports,or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports, or recommendations WE may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels,or elevators. I. Legal Action Against Us No person or organization has a right under this policy: 1. To join US as a party or otherwise bring US into a SUIT asking for damages or POLLUTION CLEAN UP COSTS from an INSURED;or 2. To sue US on this policy unless all of its terms have been fully complied with. A person or organization may sue US to recover on an AGREED SETTLEMENT or on a final judgment against an INSURED following an actual trial and completion of all appeals;but WE will not be liable for damages or POLLUTION CLEAN UP COSTS that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. EGLI 000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 22 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VIII. General Conditions J. Nonrenewal If WE decide not to renew this policy, WE will mail or deliver to the first NAMED INSURED shown on the Declarations Page written notice of the Nonrenewal not less than 60 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. K. Other Insurance If other valid and collectible insurance is available to the INSURED for a loss WE cover under this policy,OUR obligations are limited as follows: 1. Primary Insurance: a. This policy is primary: (1) Primary Insurance Requirements in a Written Contract: With respect to an Additional Insured for liability arising out of YOUR operations,or liability arising out of premises owned by or rented to YOU,but only if YOU and the Additional Insured have agreed prior to loss, in a written contract or written agreement,in effect during the policy period,that this policy will be primary; (2) Primary Insurance Requirements for Non-Operating Working Interests: With respect to a NON-OPERATING WORKING INTEREST owner,but only if YOU and the NON-OPERATING WORKING INTEREST owner have agreed prior to loss,in a written contract or written agreement,in effect during the policy period,that this policy will be primary; (3) When Excess Does Not Apply: With respect to any INSURED unless Paragraph 2. Excess Insurance below applies. b. If this policy is primary, OUR obligations are not affected unless any of the Other Insurance is also primary. Then,WE will share with all other policies by the method described in Paragraph 3. Method of Sharing below. However, with respect to an INSURED under Paragraphs 1.a.(1) or 1.a.(2) above, if the written contract or written agreement in effect during the policy period requires that this policy be both primary and NON- CONTRIBUTORY,WE will not share with any of the Other Insurance. 2. Excess Insurance: a. This policy is excess over: (1) Any Other Insurance: Any of the Other Insurance,whether primary,excess,contingent,or on any other basis: (a) Your Work: That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for YOUR WORK; (b) Fire: That is Fire insurance for premises rented to YOU or temporarily occupied by YOU with permission of the owner; (c) Tenant: That is insurance purchased by YOU to cover YOUR liability as a Tenant for PROPERTY DAMAGE to premises rented to YOU or temporarily occupied by YOU with permission of the owner; (d) Aircraft,Auto,or Watercraft: If the loss arises out of the ownership, maintenance,or use of any AIRCRAFT,AUTO,or Watercraft to the extent not subject to Section VII.B.1.,Section VII.C.1.,or Section VII.D.16.Exclusions; (e) Non-Operating Working Interest: That is available to any person or organization owning a NON-OPERATING WORKING INTEREST, unless Paragraph 1.a.(2) Primary Insurance Requirements for Non-Operating Working Interest above applies; EGL1 000 03 22 Includes copyrighted material of Insurance Services Office,Inc., Page 23 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VIII.General Conditions (f) Operators Extra Expense/Control of Well: That is Operators Extra Expense,Control of Well,or similar insurance; (g) Pollution: That is Pollution liability insurance or any Other Insurance to cover a POLLUTION INCIDENT; (h) Additional Insured: That is available to any person or organization that is an Additional Insured,unless Paragraph 1.a.(1) Primary Insurance Requirements in a Written Contract above applies. (2) Any Other Primary Insurance: (a) You as an Additional Insured: Any Other Primary Insurance available to YOU covering liability for damages or POLLUTION CLEAN UP COSTS arising out of the premises or operations,or the products and completed operations,for which YOU have been added as an Additional Insured;or (b) Your Non-Operating Working Interest: Any Other Primary Insurance available to YOU covering liability for damages or POLLUTION CLEAN UP COSTS arising out of YOUR NON-OPERATING WORKING INTEREST in any oil,gas,or other mineral property,for which YOU and the OPERATOR have agreed prior to loss,in a written contract or written agreement (including, but not limited to, a Joint Operating Agreement) in effect during the policy period, that the OPERATOR's policy will be primary, or that the OPERATOR's policy will provide insurance coverage for the benefit of YOU as the person or organization owning a NON-OPERATING WORKING INTEREST. b. When this insurance is excess,WE will have no duty under Section II.E.Duty to Defend to defend the INSURED against any SUIT if any other insurer has a Duty to Defend the INSURED against that SUIT. If no other insurer defends, WE will undertake to do so, but WE will be entitled to the INSURED's rights against all those other insurers. c. When this policy is excess over Other Insurance,WE will pay only OUR share of the amount of the loss,if any, that exceeds the sum of: (1) The total amount that all such Other Insurance would pay for the loss in the absence of this policy;and (2) The total of all deductible and self-insured amounts under all that Other Insurance. d. WE will share the remaining loss,if any,with any Other Insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown on the Declarations Page of this policy. 3. Method of Sharing: If all of the Other Insurance permits contribution by equal shares, WE will follow this method also. Under this approach,each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the Other Insurance does not permit contribution by equal shares, WE will contribute by limits. Under this method,each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. L. Premiums The first NAMED INSURED shown on the Declarations Page: 1. Is responsible for the payment of all premiums;and 2. Will be the payee for any return premiums WE pay. M. Premium Audit 1. WE will compute all premiums for this policy in accordance with OUR rules and rates. 2. Premium shown in this policy as estimated premium is a deposit premium only. At the close of each audit period, WE will compute the earned premium for that period and send notice to the first NAMED INSURED. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the deposit and audit premiums paid for the policy period is greater than the earned premium,WE will return the excess to the first NAMED INSURED. EGL1000 03 22 Includes copyrighted material of Insurance Services Office,Inc., Page 24 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. Section VIII.General Conditions 3. The first NAMED INSURED must keep records of the information WE need for premium computation,and send US copies at such times as WE may request. N. Representations By accepting this policy,YOU agree that: 1. The statements on the Declarations Page are accurate and complete; 2. Those statements are based upon representations YOU made to US; 3. WE have issued this policy in reliance upon YOUR representations;and 4. YOUR failure to disclose all hazards or prior OCCURRENCES,POLLUTION INCIDENTS,or offenses existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy,provided such failure to disclose all hazards, prior OCCURRENCES, POLLUTION INCIDENTS,or offenses is not intentional or willful. O. Separation of Insureds Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this policy to the first NAMED INSURED,this policy applies: 1. As if each NAMED INSURED were the only NAMED INSURED;and 2. Separately to each INSURED against whom CLAIM is made or SUIT is brought. P. Transfer of Rights of Recovery Against Others to Us and Waiver of Subrogation If the INSURED has rights to recover all or part of any payment WE have made under this policy, those rights are transferred to US. The INSURED must do nothing,after the OCCURRENCE,POLLUTION INCIDENT,or offense to impair them. At OUR request,the INSURED will bring SUIT or transfer those rights to US and help US enforce them. However,WE agree to waive OUR right of recovery against any person or organization with whom YOU have agreed, by written contract or written agreement in effect during the policy period and executed before the OCCURRENCE, POLLUTION INCIDENT,or offense,to waive those rights of recovery. Q. Use of Titles The titles to the various sections,subsections,paragraphs,subparagraphs,and endorsements of this policy are intended solely for ease of reference and do not in any way limit,expand,or otherwise affect the provisions of such sections,subsections, paragraphs,subparagraphs,and endorsements. EGL1000 03 22 Includes copyrighted material of Insurance Services Office, Inc., Page 25 of 32 with its permission. ©2022 Berkley Oil&Gas/Berkley Renewable Energy. All rights reserved. COMMERCIAL AUTO CA83100915 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization that meets the conditions set out below. The following is added to SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance: Regardless of the provisions of sub-paragraph a. and sub-paragraph d. of this part 5. Other Insurance, if the scheduled person or organization shown above is provided coverage under this Coverage Form and has available other insurance under which it is the first named insured then this insurance is primary to that person or organization and we will not seek contribution from that other insurance only if: 1. A written contract or agreement between you and that scheduled person or organization, requires this insurance to be primary and non-contributory and 2. The written contract or agreement between you and that scheduled person or organization, is signed and executed by you before the bodily injury or property damage occurs and is in effect during the policy period. CA 83 10 09 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job 4X INDUSTRIAL LLC SUP-51 862 aid linked here to add a Q supplier in Workday. Contract Name* Contract ID Parent Contract ID 2026 MATERIAL HAULING CONTRACT 10443 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW NGIBSON Department Project# Contract Lead Email ngibson@weld.gov Contract Description* 2026 TRUCKING CONTRACT Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 03/07/2026 03/11 /2026 Amount* Department Email $2,520,000.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* YES Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included?* Automatic Renewal DeptHead@weld.gov YES Grant County Attorney Bid/RFP#* IGA BYRON HOWELL B260001 3 County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date* 11 /02/2026 01 /01 /2027 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 03/06/2026 Approval Process Department Head Finance Approver Legal Counsel KEVIN HETTINGER CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/06/2026 03/06/2026 03/06/2026 Final Approval BOCC Approved Doc ID# AG 031126 BOCC Signed Date Originator BOCC Agenda Date NGIBSON 03/1 1 /2026 Public Works Department Vt,/ 9.: r= (970) 400-3750 Via C 1 1 1 1 H St., P.O. Box 758 c c N T Y Greeley, CO 80632 February 13, 2026 To: Board of County Commissioners Subject: Bid Recommendation for the 2026 Material Hauling Bid, B2600013 As advertised, this solicitation is for the 2026 Material Hauling Bid. The Public Works Department received three bids for material hauling services. Public Works is recommending award to the lowest qualified bidder, 4X Industrial, for an amount not to exceed $2,520,000.00. If you have any questions, please contact me. Sincerely, Curtis Hall Director 2026-0381 Z/25 eel 0 ON 2026 Material Hauling Bid Evaluation Round 2 So Low 4x Industrial KLS Submittal Required US DOT Number 1605728 1844315 1343528 List of Equipment Y Y Y OOS Vehicle Violations 25% 20% Sub Contractor 1 OOS Vehicle Violations Not Submitted CM Rodriguez Transport (NR) Richardson Consolidated (NR) Sub Contractor 2 OOS Vehicle Violations Not Submitted SNP Load Services (50%) Sub Contractor 3 O0S Vehicle Violations Not Submitted Bid Schedule Y Y Y Signature Page Y Y Y Receipt of Addenda Y Y Y Statement of Qualifications Y Y Y W-9 Y Y N Businees 7 Years Y Y Y Terminated / Filed Protest N N N #Trucks Meets Spec Meets Spec Meets Spec 2,000,000 Contract Y Y Y Dedicated PM Y Y Y 30 Miles of Greeley Y Y Maybe Need to Verify Hauling and Spreading Belly $ 1,890,000.00 $ 1,960,000.00 $ 1,920,000.00 Hauling Side Dump $ 94.50 $ 105.00 $ 105.00 Hauling End Dump $ 90.00 $ 105.00 $ 105.00 Hauling Tandem $ 362,500.00 $ 425,000.00 $ 430,000.00 Hauling Lowboy $ 120.00 $ 150.00 $ 150.00 Total Bid price (See Bid Tab) $ 2,252,804.50 $ 2,385,360.00 $ 2,350,360.00 Recommend Award to 4x Industrial Weld County Finance Department \-V9 r_; — � Purchasing Division r ' bids@weld.gov CON `Y 1301 North 17th Avenue Greeley, Colorado 80631 Bid Opening Tabulation Title: 2026 Material Hauling Contract Bid Number: B2600013 Department: Public Works Bid Opening Date: February 9, 2026 Approval Date: February 25, 2026 Vendor(s) Tractor& Tandem A Side End Dump Trucking Dump Truck Bellyxle Dump Dump Truck Lowboy Name Qty 20,000 Qty 1 Qty 1 Qty 1 Total Qty. 5,000 Unit Price Unit Price Unit Price per Unit Price per per Hr Unit Price per Hr Hr Hr per Hr So Low Transport Inc 19587 CR 50.5 $94.50 $72.50 $94.50 $90.00 $120.00 $2,252,804.50 LaSalle CO 80645 KLS, LLC 11749 County Rd 3.75 $96.00 $86.00 $105.00 $105.00 $150.00 $2,350,360.00 Wiggins CO 80654 4X Industrial LLC 800 8th Avenue,Ste 300 $98.00 $85.00 $105.00 $105.00 $105.00 $2,385,360.00 Greeley CO 80631 ***Quantities are for information only and are used solely for selecting the lowest responsible bidder, actual quantities can be adjusted to meet budget restraints. The Public Works Department is reviewing the bids. Hello