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Home My WebLink About20260437 Cunivud- tt t 0440 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND MARTIN MARIETTA MATERIALS, INC. I THIS AGREEMENT is made and entered into this t\ day of MCWCJ'1 2026, by and between the Board of Weld County Commissioners, on behalf of Weld County Public Works, hereinafter referred to as "County," and Martin Marietta Materials, Inc., hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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. B2600003. 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends 365 days after the execution date. 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 C onSeh-� C C : 0 nbc U71) 20th,-6437 3/tt/2(0 3/kVZ,(o r✓ei00754 the Parties. Cost increase for any annual renewal must not exceed and be consistent with Engineering News and Record (ENR) cost index for PG58 per ton Denver, Crushed stone asphalt course per ton Denver and the Denver-Aurora-Lakewood Consumer Pirce Index shall be used to measure the percent of increase from year to year to justify increases in cost. 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 notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor 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. 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). Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe. 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. Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests. In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials. The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein. Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. 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 4 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, trustees, 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 policy endorsement 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. 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 of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns, elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for work that is being performed by or on behalf of the Contractor. 5 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. 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. 6 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. 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. 7 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 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. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications(including 8 annual maintenance 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: Ryan Yoch Position: VP General Manager Address: 1800 North Taft Hill Road Ft. Collins, CO 80521 E-mail: ryan.yoch@martinmarietta.com Phone: 970.407.3600 TO COUNTY: Name: Joshua J. Holbrook Position: Pavement Mgmt. Supervisor Address: 1111 H St. Greeley, CO 80632 E-mail: jholbrook@weld.gov Phone: 970.400.3744 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 AgreementlModifications.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. (1 26. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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 any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. 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 io 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. 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: Martin Marietta Materials, Inc By. �� yocG Ran voch 3/4/2026 Name: Y Date of Signature. Title: vP/GM WELD COOUNTY: ATTESdaW4) ggl ..1d %+ BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY. �� • Deputy Clerk to the Bob r,C4,1011 ' w/_�, ` � . Scott K. James, Chair ► MAR 1 1 2026 ',s6,tre,-I-4*• �� •:4n•` Lila l r 1.oLL9-0(43-1 Exhibit A Weld County Finance Department �861� Purchasing Division -\11A1i - 1301 North 17th Avenue w` Greeley, Colorado 80631 COUNTY Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2600003 Title: Hot and Warm Mix Asphalt Supply 2026 (with options for renewal in 2027/2028) Advertisement Date: January 23, 2026 Questions Due: February 3, 2026, by 3:00pm Questions Posted: February 5, 2026, by 3:00pm Questions email: bidsweld.gov Bid Due Date: February 12, 2026, by 11:00am, Purchasing's Clock Bid Delivery: Preferred email to bidsweld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bidsweld.gov Documents Included in this Bid Package IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract IFB Attachments Attachment 1 — Project Specifications Form Revision 6-2025 Table of Contents Supply (Recurring) - 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 4 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 9 Schedule D — Bid Response Form 10 Bid Submittal Instructions 10 Fees 10 North Supply 11 South Supply 12 Attestation 13 Schedule E — Insurance 14 Insurance 14 Insurance Mailing Information 17 Schedule F - Weld County Contract 18 Contractual Obligations 18 Weld County Standard Contract 18 Solicitation#B2600003 Page 2 Solicitation#B2600003 Page 3 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: Hot and Warm Mix Asphalt Supply Bids will be received until: February 12, 2026 at 11:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 12, 2026 at 11:30am 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 [ 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. 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. Solicitation#B2600003 Page 4 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 and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid -------------- ---- Solicitation # B2600003 Page 5 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 #B2600003 Page 6 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide Hot and Warm mix asphalt supply. 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 The project in general consists of supplying Weld County Public Works with Hot and Warm Mix Asphalt for 2026. More than one vendor may be selected for this contract. The work to be performed will include but not be limited to: 1. Weld County will not supply any material for this project 2. Bidders must indicate the location of their asphalt mixing plant. North supply shall be asphalt plant(s) located north of US34 and South supply shall be asphalt plant(s) located south of US34 3. Weld County will pick up all materials from the vendor's plant on an as-needed basis. The vendor will load and scale all materials at the plant. 4. Bids on material(s) shall be good for 365 days from the date of the signed agreement, with the ability to renegotiate unit prices at the end of each contract. The estimated start of the 2026 paving season is April 1, 2026. 5. Weld County will select the bidders based on the lowest cost to the County, considering job-site location and hauling cost. Materials may be purchased from different bidders based on the plant location relative to job site. 6. Payment shall be made according to the bid prices submitted as determined by scale tickets from the plant. All tickets must be signed by a Weld County employee. Also, all tickets must have Mix Design, Weld County Material code and Project Number printed on them or no payment will be made. Invoice shall also be submitted by Project Number. ---------------------------- Solicitation #B2600003 Page 7 7. The contractor shall submit job mix formulas for testing and approval. If a new mix design is submitted after the estimated start date of April 1, 2026, the vendor will be required to pay for the mix design verification testing done by Weld County Public Works Third party OA consultant. 8. Vendors must have storage for emulsified asphalt and liquid asphalt. Vendors must be able to provide Weld County with precut and preheated liquid asphalt. 9. Weld County will notify the successful bidders(s) twenty-four (24) hours in advance of any asphalt supply needs. 10.The vendor(s) awarded the contract will be required to supply as much as 300 tons per hour to Weld County when requested. In the event where a vendor cannot supply the material needed Weld County will use another vendor. The awarded vendor will pay the added cost if the other vendors has a higher price. 11.Cost increase for any annual renewal must not exceed and be consistent with Engineering News and Record (ENR) cost index for PG58 per ton Denver, Crushed stone asphalt course per ton Denver and the Denver-Aurora- Lakewood Consumer Pirce Index shall be used to measure the percent of increase from year to year to justify increases in cost Solicitation #B2600003 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date January 23, 2026 Technical Questions Due February 3, 2026, by 3:00pm Technical Questions email bids@weld.gov Questions Answered via Addendum February 5, 2026 Proposals Are Due February 12, 2026, by 11:00am Purchasing's Clock Solicitation Notice of Award (Anticipated) February 23, 2026 Contract Execution (Anticipated) March 2, 2026 Solicitation #B2600003 Page 9 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. 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 The submitted bid unit prices, along with the total cost for the bid tabulation provided in Schedule D, will be used by Weld County to evaluate the lowest cost to the county. Bid items with a zero (0) quantity still need a until price to submit a bid. These items/materials could be used in subsequent annual renewal terms (2027 and/or 2028). Therefore, a price must be submitted to establish a baseline cost for renewals. Solicitation#B2600003 Page 10 North Supply Item# Material Quantity Unit Bid Price Per Contract Price Plant Location Description — Unit Hot Mix Asphalt 403.01 PG58-28(S) 10,532 TON (100)-20% RAP Hot Mix Asphalt 403.02 PG58-28(SX) 2,000 TON (75)—20% RAP Hot Mix Asphalt 403.03 PG64-22(SX) 0 TON (75)—20% RAP Hot Mix Asphalt 403.04 PG64-22(S) 36,800 TON (100)—20% RAP Hot Mix Asphalt 403.05 PG64-28(SX) 22,170 TON (100)-20% RAP Hot Mix Asphalt 403.06 PG64-28(SX) 0 TON (75)-20% RAP Emulsified 403.07 Asphalt(SCC 40,000 GAL (Tack Coat) Warm Mix 403.08 Additive 0 TON (CDOT APL) Total Solicitation #B2600003 Page 11 South Supply Item# Description Material Quantity Unit Bid Price Per Contract Price Plant Location — Unit Hot Mix Asphalt 403.09 PG58-28(S) 29,030 TON (100)-20% RAP _ Hot Mix Asphalt 403.10 PG58-28(SX) 0 TON (75)—20% RAP Hot Mix Asphalt 403.11 PG64-22(SX) 2,730 TON (75)-20% RAP Hot Mix Asphalt 403.12 PG64-22(S) 0 TON (100)—20% RAP Hot Mix Asphalt 403.13 PG64-28(SX) 14,100 TON (100)—20% RAP Hot Mix Asphalt 403.14 PG64-28(SX) 2,940 TON (75)-20% RAP Warm Mix 403.15 Additive 0 TON (CDOT APL) Total Solicitation#B2600003 Page 12 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 Solicitation B2600003 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#B2600003 Page 13 Schedule E — Insurance Insurance 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, trustees, 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. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 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 Solicitation #B2600003 Page 14 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 the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by 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 Solicitation # B2600003 Page 15 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 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 Solicitation#B2600003 Page 16 insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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: Joshua J. Holbrook Email: jholbrook@weld.gov Telephone: 970.400.3744 Mail: Weld County Public Works ATTN: Joshua J. Holbrook PO Box 758 Greeley, CO 80632 Solicitation #B2600003 Page 17 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 Supply 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 supply materials to County as set forth in the attached Exhibits; and Solicitation #B2600003 Page 18 WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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. The material and/or equipment shall be delivered to the location(s) specified herein. 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. Engineering News and Record (ENR) cost index for PG58 per ton Denver, Crushed stone asphalt course per ton Denver and the Denver-Aurora-Lakewood Consumer Pirce Index shall be used to measure the percent of increase from year to year to justify increases in cost. 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 Solicitation#B2600003 Page 19 upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor 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. 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). Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe. 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 Solicitation#B2600003 Page 20 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. Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests. In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials. The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein. Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs)of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. 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 Solicitation #B2600003 Page 21 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-VI!. 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, trustees, 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 policy endorsement 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. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Solicitation#B2600003 Page 22 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 of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, "Weld County, its successors or assigns, elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" 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. 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. Solicitation#B2600003 Page 23 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 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 Solicitation#B2600003 Page 24 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 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. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance 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: Solicitation #B2600003 Page 25 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. 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 agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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 any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter Solicitation #B2600003 Page 26 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. 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. Solicitation #B2600003 Page 27 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#B2600003 Page 28 2 ,. y ga December 17, 2025 Weld County Public Works North and Sou 'sp alt Supply Special Provisions Attachment 1 -Weld County Public Works North and South Asphalt Supply Project Special Provisions These Project Special Provisions have been reviewed for accessibility requirements in Microsoft WORD and Adobe Acrobat.This document passes the accessibility check provided by Microsoft WORD and Adobe Acrobat. The Colorado Department of Transportation 2025 Standard Specifications for Road and Bridge Construction,the latest edition of the CDOT Field Materials Manual (as amended),and the latest edition of the CDOT Construction Manual (as amended) provide the standards and specifications for the construction of this project. The latest revisions to formerly issued Standard Special Provisions (SSP) and Project Special Provisions (PSP) that modify the CDOT 2025 Standard Specifications for Road and Bridge Construction are hereby incorporated by reference. The following Special Project Provisions supplement or modify the Standard Specifications and take precedence over the CDOT 2025 Standard Specifications, the CDOT SSP, and plans and are provided to the Contractor as a courtesy. The Special Project Provisions are hereby incorporated into the Contract. Contents Attachment 1 - Weld County Public Works North and South Asphalt Supply Project Special Provisions 1 Revision of Section 101 - Definition of Terms 2 Revision of Section 104-Scope of Work 5 Revision of Section 105-Control of Work 6 Revision of Section 106-Control of Material 38 Revision of Section 109-Measurement and Payment 39 Revision of Section 401 - Plant Mix Pavements- General 48 Revision of Section 403- Hot Mix Asphalt 51 Page 1 of 55 December 17, 2025 Revision of Section 101 - Definition of Terms Revision of Section 101 - Definition of Terms Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "CDOT Standard Specifications for Road and Bridge Construction" dated 2025, Weld County Project Special Provisions (PSP), CDOT Standard Special Provisions (SSP), and CDOT Project Special Provisions. Where the Contract Documents, Weld County PSP, or the Specifications contradict one another, the more stringent specification shall apply. Weld County at its sole discretion shall determine which specification is more stringent. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows in Section 101.02: Subsection 101.02 shall be revised to include the following: 101.02 Definitions, alphabetically. All references (as applicable) to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. As-Built Plans. A set of drawings showing actual elevations and other pertinent information related to the finished construction project. The drawings shall be stamped and dated by a licensed professional engineer or surveyor. Also known by As-Constructed Drawings. Chief Engineer. The Weld County Department of Public Works individual who is identified as the County Engineer. Contract: The written agreement between Weld County through the Public Works Department and the Contractor, setting forth the obligations of the parties for the performance of the work and the basis of payment. The Contract includes the invitation for bids, proposal, contract bonds, standard specifications, supplemental specifications, special provisions, general and detailed plans, Notice to Proceed, contract modification orders, and authorized extensions of time, all of which constitute one instrument. Contract Modification Order. A written order issued to the Contractor by the Department covering contingencies, extra work,increases or decreases in contract quantities,and additions or alterations to the plans or specifications, within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes.The Contract Modification Order is the only method authorized for changing the Contract. Contract Modification Orders must be approved as established in subsection 105.14. Contractor.The individual, firm, or corporation contracting with Weld County through the Public Works Department for performance of prescribed work. County. Weld County or Weld County Public Works. Page 2 of 55 December 17, 2025 Revision of Section 101 - Definition of Terms Department. The Weld County Public Works Department. Engineer. The Weld County Director of Public Works or designated who is responsible for engineering and administrative supervision of the project. Also called Resident Engineer or Project Engineer. Holidays. Holidays recognized by Weld County are: • New Year's Day: January 1, 2026 • Martin Luther King, Jr. Day: January 20, 2026 • President's Day: February 17, 2026 • Memorial Day: May 26, 2026 • Independence Day: July 3-4, 2026 • Labor Day: September 1, 2026 • Veterans Day: November 11, 2026 • Thanksgiving: November 27-28, 2026 • Christmas: December 25-26, 2026 When one of the holidays falls on a Sunday,the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday. Hours of Operation. Sunrise to Y hour before sunset unless otherwise approved in writing by the Engineer. Method Statement. A written procedure from the Contractor detailing how a specific task will be completed including the expected resources and production rates required to complete the task. Pre-construction Conference. A meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. Project Engineer. The Department's duly authorized representative who may be a Weld County employee or an employee of a consulting engineer (Consultant) under contract to Weld County as defined below: (a) Weld County Project Engineer. The Weld County employee, assigned by the Director of Public Works, who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. Also called the "Resident Engineer" or "Engineer". (b) Consultant Project Engineer. The consultant Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. The Consultant Project Engineer's duties are delegated by Weld County per the scope of work in the Consultant's contract with Weld County. The Page 3 of 55 December 17, 2025 Revision of Section 101 - Definition of Terms Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Region Transportation Director. The Director of Public Works or designated representative responsible for construction, maintenance, and safety activities, within the geographical jurisdiction established by the Department. The Director is responsible for acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time. Resident Engineer. The County's full-time engineer directly responsible for the overall administration of the assigned construction project. Only a Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates. Also referred to as the Engineer or Project Engineer. Roadway Prism: The portion of the roadway defined as the prism of embankment situated from beneath the shoulders and paved structure and inside the lines projected downward and outward on a one-to-one slope from edge of gravel shoulders to edge of gravel shoulder or back of curb to back of curb (as applicable) to their intersection with the base of the embankment. State. Weld County acting through its authorized representative. Subcontractor. An individual, firm, corporation, or other legal entity at any tier to whom the Contractor sublets part of the Contract. A subcontractor shall include an individual, firm, corporation, or other legal entity who meets one or both of the following criteria: (a) Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5.2 Site of Work (1)(i)(ii)(iii). (b) Performs work that is incorporated within the Project limits. Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. Subgrade that has been treated with lime, fly ash, cement kiln dust, or combinations thereof for stabilization will be considered subbase. Subgrade shall also include aggregate base course materials. Substantial Completion. The completion of all payable work as shown on the pay application. Only non-payable or minor items, as determined by Weld County in its sole discretion, may be placed on the Substantial Completion punchlist. End of Section Page 4 of 55 December 17, 2025 Revision of Section 104-Scope of Work Revision of Section 104-Scope of Work Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsections 104.02(c)(1) and 104.02(c)(2) shall be deleted and replaced with the following: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, and (2) When a major item of work is increased in excess of 150 percent of the original contract quantity or decreased below 25 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 25 percent, to the actual amount of work performed. (3) End of Section Page 5 of 55 December 17, 2025 Revision of Section 105-Control of Work Revision of Section 105-Control of Work Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.01 shall be revised to include the following: Weld County has the authority by written order to suspend the Work wholly or in part for the reasons outlined in the Contract Documents. All the Contractor's employees shall have the skill, experience, and any licenses or certifications required to perform the Work assigned to them. If the County determines, in its sole discretion, that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The employee shall be removed from the project as soon as possible but in an amount of time not to exceed 24 hours. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12. Weld County, in its sole discretion, may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all the Contractor's subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The Contractor shall remove the identified project management staff from the project as soon as possible but in an amount of time not to exceed 30 calendar days. If the Contractor has failed to take necessary actions to cure the project staffing issues, at day 15 of the 30-day action period, the County will provide written notification the Contractor has failed to resolve the situation and highlighting a possible breach of Contract and settlement of Contract. If at the end of the 30-day action time period the Contractor has still not resolved the situation, the County will provide written notice terminating the Contract. At any time during the 30 day action period, if the Contractor or the Subcontractor fails to remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12. Page 6 of 55 December 17, 2025 Revision of Section 105-Control of Work Subsection 105.03, shall include the following: No Incentive payment will be made under this contract. No disincentive payments will be made under this contract. Subsection 105.03, paragraph 5 shall be deleted and replaced with the following: When the Engineer, Project manager or Inspector finds the materials furnished, work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. Subsection 105.03, paragraph 7 shall be deleted and replaced with the following: Materials will be sampled and tested for Owner Acceptance by Weld County per the sampling and testing schedules and procedures contained in the Contract Documents and in the CDOT Field Materials Manual. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the Work.Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor's expense. Subsection 105.03 the two paragraphs following the Table 105-2 and starting with "If P is a negative number ..." shall be deleted and replaced as follows: If P is a negative number quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added, and the resulting sum will be used to determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to Weld County. (2) require corrective action to bring the material into conformity at no additional cost to Weld County; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on Page 7 of 55 December 17, 2025 Revision of Section 105-Control of Work engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25. If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0 (zero) or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in Table 105-3. Subsection 105.03(c) shall be added and shall include the following: (c) Conformity to the contract of embankment construction shall be determined per the following: 1. Process Control Plan. The Contractor shall be responsible for Process Control (PC) for all embankment material on this project. The Contractor shall submit a written Process Control Plan (PCP), including a methods statement, to the Engineer for acceptance. The PCP shall include but not be limited to the following: A. Methods Statements shall include but not be limited to: • Embankment placement and alternatives for placement that may be used. • Handling of frozen materials. • Trenching through embankment for placement of culverts and pipes. B. Process Control Notebook for Excavation and Embankment following Colorado Procedure (CP) 12-C. C. Maximum lift thickness of eight inches per subsection 203.06 or as directed. D. Compaction equipment capable of obtaining the specified compaction. E. Water trucks with an adequate distribution system that will apply water evenly. F. List of all inspection and materials testing forms and procedures utilized by the Contractor. G. Adherence to Table 106-4 requiring minimum testing frequency. The contractor shall submit the PCP at least five working days before the start of the work.The Engineer's review of the PCP will not exceed two working days. Work shall not begin until the PCP has been accepted in writing, unless otherwise approved. Page 8 of 55 December 17, 2025 Revision of Section 105-Control of Work 2. Documentation. The Contractor shall maintain current records of process control operation activities, and tests performed as outlined in CP 12-C. These records shall be in the form shown in CP 12-C, and shall include as a minimum, the Contractor or subcontractor, the number of personnel working, weather conditions, type of equipment being used, delays and their cause, and deficiencies along with corrective action taken. Such records shall cover both conforming and defective or deficient features. Additional documentation to the Engineer shall include all daily test results, daily inspection reports, daily non-compliance reports, and monthly certification reports. Copies of these records and a statement that work incorporated in the project complies with the Contract shall be submitted to the Engineer before payment for the work or upon request. Monthly certification reports shall be stamped with the seal of a Professional Engineer registered in Colorado. Failure to provide the Engineer with the necessary documentation will result in the suspension of payments on embankment until the documentation has been completed and accepted by the Engineer. Weld County Owner Acceptance (OA) documentation shall not be used as supporting documentation for the Contractor's certification. Weld County shall be responsible for OA and Independent Assurance Testing (IAT). Subsection 105.05, paragraph 3 shall be deleted and replaced with the following: Materials will be sampled randomly and tested by the Department per subsection 106.05 and with the applicable procedures contained in CDOT's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in subsection 106.05. Additional samples may be selected and tested as set forth in subsection 106.05 at the Engineer's discretion. Subsection 105.05 shall be revised to include the following: Any test result for the air voids or VMA elements greater than the distance 2 x V (see Table 105-8) outside the tolerance limits will be designated as a separate process and the quantity it represents shall be removed and replaced with specification material at the Contractor's expense. Subsection 105.05(f)(2), paragraph 1 shall be deleted and replaced with the following: (2) Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place, the PF for the process will not be greater than 0.75. The Engineer will be consulted before determining the material will be allowed to remain in place. The Engineer will also be consulted to assist in determining an appropriate pay factor. Table 105-8, "W" and "V" Factors for Various Elements shall be deleted and replaced with the following: Table 105-8- "W" and "V" Factors for Various Elements Page 9 of 55 December 17, 2025 Revision of Section 105-Control of Work Element V Factor W Factor 2.36 mm (No. 8) mesh and larger sieves 2.80 N/A 600 mm (No. 30) mesh sieve 1.80 N/A 75 mm (No. 200) mess sieve 0.80 N/A Gradation N/A 15 Asphalt Content 0.20 25 Voids in the Mineral Aggregate 0.60 10 Air Voids 0.60 30 Subsection 105.05(g) shall be deleted and replaced with the following: (g) Process I/DP Computation. Incentive payments will be made to the Contractor for Asphalt Pavement Quality. The conformance to contract of the material and elements involved shall be evaluated using the process outlined in Section 105 and the CDOT Field Materials Manual. All sampling frequencies shall follow Table 106-2 and Stratified Random Sampling Schedules. Pay reductions shall be made in accordance with the following formula: I/DP = (PF - 1)(QR)(UP)(W/100) Where: I/DP = Incentive or Disincentive Payment PF = Pay Factor QR = Quantity in Tons of HMS Represented by the Process UP = Unit Bid Price of Asphalt Mix W = Element Factor from Table 105-8 When AC is paid for separately UP shall be: UP = [(TonHMA)(UPHMA)+ (TonAc)(UPAc)]/TonHMA Where: TonHMA = Tons of Asphalt Mix UPHMA = Unit Bid Price of Asphalt Mix TonAC = Tons of Asphalt Cement UPAC = Unit Bid Price of Asphalt Cement For the joint density element: UP = UPHMA Where: UPHMA is as defined above When AC is paid for separately UP shall be: Page 10 of 55 December 17, 2025 Revision of Section 105-Control of Work UP = [(BTonHMA) (BUPHMA)+(BTonAc) (BUPAC)]/ (BTonHMA) Where: BTonHMA = Bid tons of Asphalt Mix BUPHMA = Unit Bid Price of Asphalt Mix BTonAC = Bid Tons of Asphalt Cement BUPAC = Unit Bid Price of Asphalt Cement Subsection 105.09 shall be deleted and replaced with the following: 105.09 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions. These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions 1. Project Special Provisions 2. Standard Special Provisions 3. CDOT Field Materials Manual (Latest Edition) (c) CDOT Standard Specifications (d) Plans 1. Detailed Plans 2. Standard Plans 3. Calculated dimensions will govern over scaled dimensions. (e) CDOT Construction Manual (Latest Edition) Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, Project Special Provisions, or the CDOT Specifications, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Page 11 of 55 December 17, 2025 Revision of Section 105-Control of Work Contractor shall request the County's determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Engineer in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Engineer of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Engineer will make corrections and interpretations as necessary to fulfill the intent of the Contract. If the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, the Contractor shall not be relieved from performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed. Subsection 105.10 shall be deleted and replaced with the following: Subsection 105.22 shall be deleted and replaced with the following: 105.22 Dispute Resolution. CDOT shall not participate in the resolution process for any claims filed by the Contractor. Weld County shall be the responsible party to such claims. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (Weld County and the Contractor) agree to resolve any issue that may result in a dispute. The process intends to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections,when a time frame ends on a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled workday. Definitions: Issue. A disagreement concerning contract price, contract time, interpretation of the Contract, or a combination thereof between the parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, a disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. Dispute. An Issue that the Contractor and Weld County have not been able to resolve, and for which the Contractor submits a written formal notice of Dispute per subsection 105.22(b). Page 12 of 55 December 17, 2025 Revision of Section 105-Control of Work Claim. A Dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation. Merit. Refers to the right of a Contractor to recover on a Claim or Dispute, irrespective of Quantum, based on the substance, elements, and grounds of that Claim or Dispute. Quantum. Refers to the quantity or amount of compensation or time (or both), if any, that may be granted to the Contractor when a Dispute or Claim is found to have Merit. The Contractor shall bring all Issue(s) to the Project Engineer's attention, in writing, within 15 days of the Contractor being aware of the Issue(s). Written notice must take the form of a stand-alone, non-chain e-mail or letter, addressed and delivered to the Project Engineer. If a Contractor provides written notice outside of the 15-day deadline, it shall be presumed that Weld County suffered prejudice. Where the Contractor failed to provide the required notice, the failure to provide notice may be treated as a separate and threshold Dispute to be resolved before other related Disputes(s) are submitted, addressed, and/or resolved. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor.The review of a pass-through Dispute does not create privity of Contract between Weld County and the subcontractor. An audit may be performed by the Department for any Dispute or Claim. All audits will be completed within 90 days of the request for an audit, provided the Contractor allows the auditors reasonable and timely access to the contractor's books and records. If Weld County does not respond within the specified timelines, the Contractor may advance the Dispute to the next level. In the Dispute resolution process. The Dispute resolution process set forth in this subsection shall be exhausted in its entirety before initiation of litigation. Failure to comply with the requirements set forth in this subsection, including notice requirements, shall bar either party from any further administrative, equitable, or legal remedies. Subject to the rebuttable presumption of prejudice to Weld County set forth above, if a deadline is missed that does not prejudice either party, further relief shall be allowed. All written notices of Dispute shall be submitted within 30 days of date of the Project Engineer's Final Acceptance letter; see subsection 105.21 (b). When a project has a landscape maintenance period, the Project Engineer may grant partial acceptance per subsection 105.21 (a). This partial acceptance will be project acceptance of all the construction work performed before this partial acceptance. All Disputes and Claims related to the work in which this partial acceptance is granted shall be submitted within 30 days of the Project Engineer's partial acceptance. Should the Contractor's Dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor's Dispute use the Modified Total Cost approach for Page 13 of 55 December 17, 2025 Revision of Section 105-Control of Work calculating damages, if the Contractor's bid was unrealistic in part, and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any Disputes or Claims seeking damages where the Contractor could have kept separate cost records at the time the Dispute arose as described in subsection 105.22(a). (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each Dispute for a period of at least three years after the date of final payment or until the Dispute is resolved, whichever is longer. The Contractor, subcontractors, and lower-tier subcontractors shall provide adequate facilities, acceptable to the Project Engineer, for an audit during normal business hours. The Contractor shall permit the Project Engineer or Department auditor to examine and copy those records and all other records required by the Project Engineer to determine the facts or contentions involved in the Dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the Dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, per the following procedures: (1) Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. (2) On the first workday of each week following the date of the written notice of dispute,the Contractor shall provide the Project Engineer with the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three workdays of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the Dispute resolution process, the Contractor shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the Dispute. Page 14 of 55 December 17, 2025 Revision of Section 105-Control of Work (2) The nature of the circumstances which caused the Dispute. (3) A detailed explanation of the Dispute citing specific provisions of the Contract and any basis, legal or factual, which support the Dispute. (4) If any, the estimated Quantum, calculated per methods set forth in subsection 105.24(b)12., with supporting documentation. (5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. This analysis shall meet the requirements of subsection 108.08(d). The Contractor shall submit as much information on the Quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process, neither party shall provide or present to the DRB any issue or any information that was not contained in the REA and fully submitted in writing to the Project Engineer during the subsection 105.22 process. (c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the Contractor to discuss the Merits of the Dispute. Within seven days after this meeting, the Project Engineer will issue a written decision on the Merits of the Dispute. The Project Engineer will either deny the Merits of the Dispute or notify the Contractor that the Dispute has Merit.This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the Dispute is determined to have Merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented per subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the Dispute is resolved. If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved, and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed the Contractor has accepted the denial. If the Contractor rejects the Project Engineer's denial of the Merits of the Dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the dispute by presenting the dispute to the Dispute Review Board per subsection 105.23. Subsection 105.23 shall be deleted and replaced with the following: 105.23 Dispute Review Board.A Dispute Review Board (DRB) is an independent third party that will provide specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and facilitate the timely and equitable resolution of disputes between Weld County and the Contractor in an effort to avoid Page 15 of 55 December 17, 2025 Revision of Section 105-Control of Work animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB shall be established and operate as provided and shall serve as an independent and impartial board.A DRB member shall not be called as witness for future litigation. There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established at any during the project to assist with Issue and Dispute resolution and when the Project Engineer initiates a DRB review per subsection 105.23(a). A Standing DRB, when specified in the Contract, shall be established at the beginning of the project. (a) Initiation of Dispute Review Board Review. When a dispute has not been resolved per subsection 105.22, the Project Engineer will initiate the DRB review process within five days after the period described in subsection 105.22(c). (b) Formation of Dispute Review Board. DRBs will be established per the following procedures: 1. CDOT in conjunction with the Colorado Contractors Association, maintains a statewide list of pre-approved DRB candidates experienced in construction processes and the interpretation of contract documents and the resolution of construction disputes. Weld County will utilize this list during the DRB process. Only individuals who have completed training (currently titled DRB Administration and Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by Weld County can be a DRB member. DRB nominees shall be selected from the list of pre-approved candidates. When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(n). 2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The Contractor and Weld County shall select the DRB member and execute the Three-Party Agreement within 30 days of initiating the DRB process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall numerically rank their list using a scale of one to five with one being their first choice and five being their last choice. If common candidates are listed, but the parties cannot agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the lists shall be combined, and each party shall eliminate three candidates from the list. Each party shall then numerically rank the remaining candidates,with Number 1 being the first choice.The candidate with the lowest combined numerical ranking shall be the DRB member. The Weld County Project Engineer will be responsible for having all parties execute the agreement. 3. If the dispute has a value over$250,000, the On Demand DRB shall have three members. The Contractor and Weld County shall each select a member and those two members shall select a third. Once the third member is approved, Page 16 of 55 December 17, 2025 Revision of Section 105-Control of Work the three members will nominate one of them to be the Chair and execute the Three-Party Agreement within 45 days of initiating the DRB process. 4. The Standing DRB shall always have three members. The Contractor and Weld County shall each select a member and those two members shall select a third member. Once the third member is approved, the three members will nominate one of them to be the Chair. The Contractor and Weld County shall submit their proposed Standing DRB members within five days of execution of the Contract.The third member shall be approved before the Pre-construction Conference.The third member shall be selected within 15 days of execution of the Contract. Before construction starting, the parties shall execute the Three- Party Agreement. The Weld County Project Engineer will be responsible for having all parties execute the agreement. The Project Engineer will invite the Standing DRB members to the Pre-construction and any Project First conferences. 5. DRB members shall not have been involved in the administration of the project under consideration. Weld County and the Contractor shall inform its selected DRB member who the major firms/people are on the project and request its selected DRB member to review the Weld County disclosure requirements and Canon of Ethics and then submit a disclosure statement which shall also be submitted to the other party. DRB candidates shall complete the DRB Disclosure Requirements and DRB Nominee Disclosure Form and disclose to the parties the following relationships: (1) Prior employment with either party (2) Prior or current financial interests or ties to either party (3) Prior or current professional relationships with either party (4) Anything else that might bring into question the impartiality or independence of the DRB member (5) Before agreeing to serve on a DRB, members shall notify all parties of any other Weld County DRB's they are serving or that they will be participating in another DRB. If either party objects to the selection of the chair or other DRB members based on the disclosures, or based on information not disclosed, which might bring into question the impartiality, independence, or performance of the potential member, that potential member shall not be placed on the Board. 6. There shall be no ex parte communications with the DRB at any time. 7. The service of a Board member may be terminated only by written agreement of both parties. Page 17 of 55 December 17, 2025 Revision of Section 105-Control of Work (c) If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected within four weeks in the same manner as the Board member who was removed was originally selected. (d) Additional Responsibilities of the Standing Disputes Review Board 1. General. No later than 10 days after the Three-Party Agreement has been signed by the county, the DRB will coordinate with the parties on the date and location of the initial DRB meeting. (1) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members. (2) Agree on the location of future meetings,which shall be reasonably close to the project site. (3) Establish an address and telephone number for each Board member for the purposes of Board business. 2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days throughout the life of the Contract, except that this schedule may be modified to suit developments on the job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the Department. 3. The Board shall establish an agenda for each meeting which will cover all items that the Board considers necessary to keep it abreast of the project such as construction status, schedule, potential problems and solutions, status of past claims and disputes, and potential Claims and Disputes. Copies of each agenda shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or written presentations or both shall be made by the Contractor and the Department as necessary to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes of each meeting, circulate them to all participants for comments and approval, and issue revised minutes before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the project site may be made by the Board, the Contractor, and the Department. 4. Advisory Opinions (1) Advisory opinions are typically used soon after the parties find they have a potential Dispute and have conducted preliminary negotiations but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB's likely assessment of the Dispute. This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing. Page 18 of 55 December 17, 2025 Revision of Section 105-Control of Work (2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties. (3) The DRB shall issue a one-page written opinion within 5 days of the hearing. (4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded and the DRB hearing procedure is followed. (5) Advisory opinions should be limited to merit issues only. (e) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the Project Engineer will: 1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties an On Demand DRB hearing will be held within 30 days after the Three-Party Agreement is signed by Weld County. Unless otherwise agreed to by both parties, a Standing DRB hearing will be held within 30 days after the DRB has been requested per subsection 105.23(a). 2. Ensure DRB members have copies of all documents previously prepared by the Contractor and Weld County pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least two weeks before the hearing. (f) Pre-Hearing Submittal. All Pre-hearing Submittals shall include only arguments, supporting documentation, Quantum, and other information as previously submitted in writing and as previously disputed in the formal Dispute process covered in subsection 105.22(b) and(c). All Pre-hearing Submittals planned to be used at the hearing,shall be submitted to the other party 35 days before the hearing for review for compliance with this requirement. If either party contends there are new arguments, supporting documents, new Quantum, or any new information in a pre-hearing Submittal, and the other party objects to this information being presented to the DRB, the objecting party shall submit its objections in writing to the other party within 10 days. The parties shall meet within five days to reconcile the objection before the submittal is submitted to the DRB. If the parties cannot reconcile the objection, but the new argument, supporting documentation, new Quantum, or new information does not change either party's position on Merit or Quantum, the information shall be allowed in the Pre- hearing submittal and presented to the DRB. If the parties cannot reconcile the objections within the five days allowed, each party shall submit a one-page brief on their objections, but not the actual information objected to, to the DRB for a decision on the use of the documents. The DRB shall not approve any information simply because it is relevant to the dispute or referenced during the dispute. Neither party shall attempt to Page 19 of 55 December 17, 2025 Revision of Section 105- Control of Work present anything to the DRB which they did not present to the other party during the Dispute process. The Dispute process shall be delayed while this determination is being made and a new hearing date set, if necessary. Pre-hearing Submittals to the DRB are as follows: 1. Joint Statement:At least 20 days before the hearing the Joint Statement(s) shall be submitted to the DRB. The parties shall make every attempt to agree upon a Joint Statement of the Dispute. If the parties cannot agree on the Joint Statement,each party's independent statement shall be submitted to the DRB. The Joint Statement shall summarize, in a few sentences, the nature of the dispute(s) and the scope of the desired decision. 2. Position Paper: At least 15 days before the hearing, Weld County and the Contractor shall submit by email to the DRB Chairperson their party's Position Paper.The DRB Chairperson shall simultaneously distribute by email the Position Papers to all parties and other DRB members, if any. The Position Paper shall contain the following: (1) The basis and justification for the party's position, with reference to specific contract language and the supporting documents of each element of the Disputes. (2) A list of proposed attendees for the hearing. In the event of any objection by a party, the DRB shall make a final determination as to who attends the hearing. (3) When the scope of the hearing includes Quantum, full cost details will be calculated per methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include Quantum if Weld County has requested an audit that has not been completed. 3. Supporting Documents: At least 15 days before the hearing, each party shall submit a copy of all its supporting documents to the DRB and the other party. Supporting documents include any presentations, visuals, or handouts planned to be used at the hearing. To minimize duplication and repetitiveness, the parties are encouraged to identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB at least 20 days before the hearing. Common documents are communications between parties, speed memos, change orders, schedules, request for equitable adjustment, and correspondence, and any document used in the subsection 105.22 process. Weld County shall submit the common set of documents to the Board and Contractor. 4. If relevant to the dispute and requested by the Board, the Engineer shall provide to the DRB either website links, electronic PDFs, or hard copies of pertinent contract documents such as plans, specifications, and M and S Standards. Page 20 of 55 December 17, 2025 Revision of Section 105-Control of Work (g) Pre-Hearing Phone Conference. A pre-hearing phone conference with all Board members and the parties shall be conducted as soon as a hearing date is established, but no later than 10 days before the hearing.The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information. (Ex. Each party makes a full presentation of their positions or presentations will be made on a "point by point" basis with each party making a presentation only on the individual Dispute Issue before moving onto the next Issue.) If the pre-hearing position papers and documents have been received by the DRB before the conference call, the Chairperson shall discuss the estimated hours of review and activities for the disputes (such as time spent evaluating and preparing recommendation on specific issues presented to the DRB). If the pre-hearing position papers and documents have not been received by the Board before the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. The Engineer shall coordinate the conference call. (h) Dispute Review Board Hearing. The DRB shall preside over a hearing.The chairperson shall control the hearing and conduct it as follows: 1. An employee of Weld County presents a brief description of the project and the status of construction on the project. 2. The party that requested the DRB presents the Dispute in detail as supported by previously submitted information and documentation in the pre-hearing position paper. No new information or Disputes will be heard or addressed by the DRB. Rebuttals of the other party's arguments shall not be presented at this time. 3. The other party presents its position in detail as supported by previously submitted information and documentation. 4. The party that requested the DRB presents their rebuttals followed by the other party's rebuttals. 5. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the opportunity to exchange questions and answers. Questions from the parties shall be directed to the Chairperson.Attendees may respond only when board members request a response. 6. Employees of each party are responsible for leading presentations at the DRB hearing. 7. Attorneys shall not participate in the hearing unless the DRB specifically addresses an Issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation,the DRB shall decide on what, if any, participation will be permitted. Attorneys representing the parties are Page 21 of 55 December 17, 2025 Revision of Section 105-Control of Work permitted to attend the hearing, provided their presence has been noted in the pre-hearing submittal. 8. Either party may use experts only if the expert has previously presented to the other party before the DRB process. A party intending to offer an outside expert's analysis at the hearing shall disclose such intention in the pre-hearing position paper. The expert's name and a general statement of the area of the Dispute that will be covered by his presentation shall be included in the disclosure. The other party may present an outside expert to address or respond to those issues that may be raised by the disclosing party's outside expert. 9. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the cost of the outside expert in the DRB's regular invoice. Weld County and the Contractor shall equally bear the cost of the services of the outside expert employed by the DRB. 10. If either party attempts to present an argument, documentation, Quantum, or new information which the other party feels was not in the Pre-hearing submittals, the chairperson shall require the party to demonstrate where in the Pre-hearing submittal the information in question resides. 1 1. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On the final date and time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted. 12. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance. (i) Dispute Review Board Recommendation. The DRB shall issue a Recommendation per the following procedures: 1. The DRB shall not make a recommendation on the Dispute at the meeting. Before the closure of the hearing, the DRB members and the Contractor and Weld County together will discuss the time needed for analysis and review of the Dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed to by both parties. 2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three member DRB where one member dissents,that member shall prepare a written dissent and sign it. The DRB's recommendation shall include the following: A. A summary of the issues and factual evidence presented by the Contractor and Weld County concerning the Dispute. B. Recommendations concerning the validity of the Dispute. Page 22 of 55 December 17, 2025 Revision of Section 105-Control of Work C. Recommendations concerning the value of the Dispute as to cost impacts if the Dispute is determined to be valid. D. The contractual and factual bases supporting the recommendation(s) made including an explanation as to why each and every position was accepted or rejected. E. Detailed and supportable calculations which support any recommendation(s). 3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties. (j) Clarification and Reconsideration of Recommendation. Either party may request in writing clarification or reconsideration of a decision within 10 days following receipt of the Recommendation. Within ten days after receiving the request, the DRB shall provide written clarification or reconsideration to both parties. Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the other party. The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional argument based on facts available at the time of the hearing. The Board shall not consider any documents or arguments which have not been made a part of the pre-hearing submittal other than clarification and data supporting previously submitted documentation. Only one request for clarification or reconsideration per Dispute from each party will be allowed. (k) Acceptance or Rejection of Recommendation. Weld County and the Contractor shall submit their written acceptance or rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within 14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or reconsideration. If the parties accept the Recommendation or a discreet part thereof, it will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the Dispute is resolved. If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other party and the DRB within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by either party, the other party may either abandon the dispute or pursue a formal claim per subsection 105.24. If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. Page 23 of 55 December 17, 2025 Revision of Section 105-Control of Work (I) Admissibility of Recommendation. Recommendations of a DRB issued per subsection 105.23 are admissible in subsequent proceedings but shall be prefaced with the following paragraph: This Recommendation may be taken under consideration with the understanding that: 1. The DRB Recommendation was a proceeding based on presentations by the parties. 2. No fact or expert witnesses presented sworn testimony or were subject to cross- examination. 3. The parties to the DRB were not provided with the right to any discovery, such as production of documents or depositions. 4. There is no record of the DRB hearing other than the Recommendation. (m) Cost and Payments. 1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of the following to support the Board's operation: (1) Copies of Contract and other relevant documentation (2) Meeting space and facilities (3) Secretarial services (4) Telephone (5) Mail (6) Reproduction (7) Filing 2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB board member shall be compensated at an agreed rate of $1,200 per day if time spent on-site per meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if time spent on-site per meeting is less than or equal to four hours. The time spent traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles.The agreed daily and travel time rates shall be considered full compensation for on-site time, travel expenses, transportation, lodging, time for travel of more than 50 miles and incidentals for each day, or portion thereof that the DRB member is at an authorized DRB meeting. No additional compensation will be made for time Page 24 of 55 December 17, 2025 Revision of Section 105-Control of Work spent by DRB members in review and research activities outside the official DRB meetings unless that time, (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB), has been specifically agreed to in advance by the Department and Contractor. Time away from the project that has been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour. The agreed amount of$125 per hour shall include all incidentals. Members serving on more than one DRB, regardless of the number of meetings per day, shall not be paid more than the all-inclusive rate per day or rate per hour for an individual project. 3. Payments to Board Members and General Administrative Costs. Each Board member shall submit an invoice to the Contractor for fees and applicable expenses incurred each month following a month in which the Board members participated in Board functions.Such invoices shall be in the format established by the Contractor and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing 50 percent payment on the next progress payment.The Contractor shall make all payments in full to Board members within seven calendar days after receiving payment from the Department for this work. (n) Dispute Review Board Three Party Agreement. Page 25 of 55 December 17, 2025 Revision of Section 105-Control of Work DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PROJECT NUMBER THIS THREE-PARTY AGREEMENT, made as of the date signed by the Board of County Commissioners below, by and between: the Weld County Department of Public Works, hereinafter called the "Department"; and , hereinafter called the "Contractor"; and , and , hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the and (Project Name) WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I - DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II-COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. ARTICLE III - COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to Board members. The Contractor shall submit to the Department an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs before payment by the Contractor. Page 26 of 55 December 17, 2025 Revision of Section 105-Control of Work DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 PROJECT NUMBER Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. ARTICLE IV-ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest including but not limited to any dealings with either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V- COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)(7), he shall be replaced as provided, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI- LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. Page 27 of 55 December 17, 2025 Revision of Section 105-Control of Work DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 PROJECT NUMBER The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6). Board members shall not be called as witness for future litigation. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year written below. BOARD MEMBER: BY: BOARD MEMBER: BY: BOARD MEMBER: BY: CONTRACTOR: BY: TITLE: WELD COUNTY BY: DATE: TITLE: 105.24 Claims for Unresolved Disputes.The Contractor may file a claim only if the Disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the Dispute. Other methods of nonbinding Dispute resolution, exclusive of litigation, can be used if agreed to by both parties. This subsection applies to any unresolved Dispute or set of Disputes between Weld County and the Contractor with an aggregate value of more than $15,000. Unresolved Disputes Page 28 of 55 December 17, 2025 Revision of Section 105-Control of Work with an aggregate value of more than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the Contractor per this subsection as a pass-through claim. Review of a pass-through claim does not create privity of Contract between Weld County and any other entity. Subsections 105.22, 105.23 and 105.24 provide both contractual alternative Dispute resolution processes and constitute remedy-granting provisions pursuant to Colorado Revised Statutes (CRS) which must be exhausted in their entirety. Litigation proceedings must commence within 180-calendar days of the County Engineer's decision, absent written agreement otherwise by both parties. The venue for all unresolved Disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. Non-binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the parties for all claims submitted per this subsection. The cost of the non-binding ADR process shall be shared equally by both parties with each party bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that litigation proceedings must commence within 180- calendar days of the County Engineer's decision, absent written agreement otherwise by both parties. (a) Notice of Intent to File a Claim. Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued per subsection 105.23, the Contractor shall provide the Director of Public Works (Director) or the Director's designated representative with a written notice of intent to file a claim.The Contractor shall also send a copy of this notice to the Engineer. Weld County will acknowledge in writing receipt of Notice of Intent within seven days. (b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor shall submit, to the Director or the Director's designated representative five copies of a complete Claim package representing the final position the Contractor wishes to have considered. All Claims shall be in writing and in sufficient detail to enable the Director to ascertain the basis and amount of claim. The Claim package shall include all documents supporting the claim, regardless of whether such documents were provided previously to Weld County. If requested by the Contractor, the 60-day period may be extended by the Director in writing before final acceptance. At a minimum, the following information shall accompany each Claim: 1. A Claim certification containing the following language, as appropriate: A. For a direct Claim by the Contractor: Page 29 of 55 December 17, 2025 Revision of Section 105-Control of Work CONTRACTOR'S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned,(name) , (title) , of (company) , hereby certifies that the Claim of $ for extra compensation and days additional time made for work on this Contract is true to the best of my knowledge and belief and supported under the Contract between the parties. This Claim package contains all available documents that support the Claims made and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of , 20 . NOTARY PUBLIC My Commission Expires: B. For a pass-through claim: Page 30 of 55 December 17, 2025 Revision of Section 105-Control of Work PASS-THROUGH CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) , (title) , of (company) , hereby certifies that the Claim of$ for extra compensation and Days additional time made for work on this Project is true to the best of my knowledge and belief and supported under the Contract between the parties. This Claim package contains all available documents that support the Claims made and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of , 20 NOTARY PUBLIC My Commission Expires: Dated /s/ The Contractor certifies that the claim being passed through to Weld County is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated /s/ Subscribed and sworn before me this day of , 20 . NOTARY PUBLIC My Commission Expires: 2. A detailed factual statement of the Claim for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the Claim. The Contractor's detailed factual statement shall expressly describe the basis of the Claim and factual evidence supporting the Claim. This requirement is not satisfied by simply incorporating into the Claim package other documents that describe the basis of the Claim and supporting factual evidence. 3. The date on which facts were discovered which gave rise to the Claim. 4. The name, title, and activity of all known Weld County, Consultant, and other individuals who may be knowledgeable about facts giving rise to such Claim. Page 31 of 55 December 17, 2025 Revision of Section 105-Control of Work 5. The name, title, and activity of all known Contractor, subcontractor, supplier, and other individuals who may be knowledgeable about facts giving rise to such Claim. 6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such provisions support the Claim. 7. If the Claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer. 8. The identification of any documents and the substance of all oral communications that support the Claim. 9. Copies of all known documents that support the Claim. 10. The Dispute Review Board Recommendation. 11. If an extension of contract time is sought, the documents required by subsection 108.08(d). 12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories: A. These categories represent the only costs that, if applicable, are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor. (2) Costs for additional bond, insurance, and tax. (3) Increased costs for materials. (4) Equipment costs calculated per subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment. (5) Costs of extended job site overhead (only applies if the dispute also includes a time extension). (6) Salaried employees assigned to the project (only applies if the dispute also includes a time extension or if the dispute required salaried employee(s) to be added to the Project). (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified is required for all such Claims). Page 32 of 55 December 17, 2025 Revision of Section 105-Control of Work (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid per CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim. B. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense: (1) Profit in excess of that provided in 12.A.(8) above. (2) Loss of Profit. (3) Additional cost of labor inefficiencies in excess of that provided in A. above. (4) Home office overhead in excess of that provided in A. above. (5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency. (6) Indirect costs or expenses of any nature in excess of that provided in A. above. (7) Attorney's fees, Claim preparation fees, and expert fees. (c) County Engineer's Decision. When the Contractor properly files a Claim, the County Engineer will review the Claim and render a written decision to the Contractor to either affirm or deny the Claim, in whole or in part, per the following procedure. The County Engineer may consolidate all related Claims on a project and issue one decision, provided that consolidation does not extend the time period within which the County Engineer is to render a decision. Consolidation of unrelated Claims will not be made. The County Engineer will render a written decision to the Contractor within 90 days after the receipt of the claim package or receipt of the audit whichever is later. In rendering the decision, the County Engineer: (1) will review the information in the Contractor's Claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other information available in rendering a decision. The County Engineer will assemble and maintain a Claim record comprised of all information physically submitted by the Contractor in support of the Claim and all other discoverable information considered by the County Engineer in reaching a Page 33 of 55 December 17, 2025 Revision of Section 105-Control of Work decision. Once the County Engineer assembles the claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted. The County Engineer will provide a copy of the Claim record and the written decision to the Contractor describing the information considered by the County Engineer in reaching a decision and the basis for that decision. If the County Engineer fails to render a written decision within the 60-day period, or within any extended time period as agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the Claim, or (2) appeal the Claim to the Director, as described in this subsection. If the Contractor accepts the County Engineer's decision, the provisions of the decision shall be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the Claim is resolved. If the Contractor disagrees with the County Engineer's decision, the Contractor shall either: (1) accept the County Engineer's decision as final, or (2) file a written appeal to the Director within 30 days from the receipt of the County Engineer's decision. The Contractor hereby agrees that if a written appeal is not properly filed, the County Engineer's decision is final. (d) Director's Decision. When a Claim is appealed, the County Engineer will provide the Claim record to the Director. Within 15 days of the appeal either party may submit a written request for a hearing with the Director or duly authorized delegate. The Director or duly authorized delegate will review the Claim and render a decision to affirm, overrule, or modify the County Engineer's decision per the following: The Director will render a written decision within 45 days after receiving the written appeal. The Director will not consider any information that was not previously made a part of the claim record, other than clarification and data supporting previously submitted documentation. The Contractor shall have 30 days to accept or reject the Director's decision. The Contractor shall notify the Director of its acceptance or rejection in writing. If the Contractor accepts the Director's decision, the provisions of the decision will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the Claim is resolved. If the Contractor disagrees with the Director's decision, the Contractor shall either: (1) pursue an alternative Dispute resolution process per this specification, or Page 34 of 55 December 17, 2025 Revision of Section 105-Control of Work (2) initiate litigation per subsection 105.24(e). If the Director does not issue a decision as required, the Contractor may immediately initiate either litigation per subsection 105.24(e). For the convenience of the parties to the Contract it is mutually agreed by the parties that any De Novo litigation shall be brought within 180-calendar days from the date of the Director's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided,shall be a complete bar to any such claims or causes of action. (e) De Novo Litigation. If the Contractor disagrees with the Director's decision, the Contractor may initiate de novo litigation to finally resolve the Claim that the Contractor submitted to Weld County.Such litigation shall be strictly limited to those Claims that were previously submitted and decided in the contractual Dispute and Claims processes outlined. This does not preclude the joining in one litigation of multiple Claims from the same project provided that each Claim has gone through the Dispute and Claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative Dispute resolution. Any offer made by the Contractor or Weld County at any stage of the Claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. Figure 105-1 provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24. Figure 105-1 provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24. Page 35 of 55 December 17, 2025 Revision of Section 105-Control of Work Figure 105-1 DISPUTES AND CLAIMS FLOW CHART (Note: If an audit is to be performed, durations in this flow chart are extended accordingly) 105.22 Project Issue-Verbal discussions between Proj. Eng. and Supt Contractor provides written notice of dispute to Project Engineer 15 Days- 105.22(b) Contractor provides written REA including the following: (1) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute. (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any. 15 Days- 105.22 (c) CDOT Project Engineer and Contractor discuss merit of dispute. I + 7 days-105.22 (c) PE denies merit of dispute. PE determines dispute has merit. - 7 days 105.22 (c) Merit granted - Contractor accepts denial. 4. Quantum negotiations. Contractor rejects PE's denial. Dispute is resolved. 30 Days - 105.22 (c) Contractor provides written notice to PE. 7 days 105.22 (d) Disagree on quantum. Adjustment of Proj Eng/Res Eng a Supt/PM Et Contractor's rep with decision payment/schedule in consultation with authority above the project level to meet regularly to discuss �► dispute. Program Engineer - Dispute is resolved. Up to 30 days- 105.22(d) . � 1 105.22(a) Proj Eng DRB agreement signed. 40-- initiates DRB 4— Dispute is unresolved. 30 days-105.23 (e) process 5 days-105.23 (a) Prehearing Submittal 10 days-105.23 (f) • 4 30 days- 105.23 (i) DRB Hearing —+ DRB renders a recommendation. + 10 days- 105.23 (j) Request for Clarification and Reconsideration -114 days-105.23 (k) DRB recommendation is accepted. Either party rejects DRB Figure 105-1 continued on next page recommendation i Page 36 of 55 December 17, 2025 Revision of Section 105—Control of Work Figure 105-1 (continued) Either party rejects DRB Adjustment of payment/schedule in 30 days— 105.24(a) consultation with Program no_r- 105.23 Notice of intent to Engineer— Dispute file a claim Resolved 60 days— 105.24(b) • Contractor submits certified claim package with RTD. —1 90 days— 105.24(c) RTD renders a decision. Contractor accepts. ► Decision is implemented. Li 30 days— 105.24(c) Chief Engineer(CE) 60 daus— 105.24(df, renders decision. Contractor rejects and appeals RTD decision to CE. �. Request for 45 days— 15 days— hearing. 105.24(d) 105.24(d) 30 days— 105.24(d) • Contractor rejects and Contractor accepts Decision is appeals CE decision. --; CE decision. —♦ implemented. ( • Optional Mediation Dispute is unresolved. Dispute is unresolved. • Contractor rejects and Contractor initiates appeals CE decision. 1 De Novo Litigation Litigation J----' j Court Decision End of Section Page 37 of 55 December 17, 2025 Revision of Section 106-Control of Material Revision of Section 106-Control of Material Section 106 of the Standard Specifications shall the revision below: Subsection 106.03, paragraph 3 shall be deleted and replaced with the following: Sampling and testing will be done per the Department's minimum sampling, testing, and inspection schedule; the special notice to contractors; and the Colorado procedures; all contained in the CDOT Field Materials Manual and these specifications. Subsection 106.05 shall include the following: Samples for project acceptance testing shall be taken at the asphalt plant and meet the requirements of section 106.04. Contractor must have a testing lab at the asphalt plant where the mix is being supplied to run sample for process control testing. Personnel performing the process control testing must meet the106.04 qualification, the lab at the asphalt plant does not have to meet the requirements of 106.04 for process control testing only. Subsection 106.05 shall include the following: In the event where a contractor's production is suspended due to condition red, Weld County will use another Vendor/contractor during the suspended time frame. The contractor will pay the added cost if the other supplier(s) has a higher price per ton and will also be responsible for additional hauling cost. End of Section Page 38 of 55 December 17, 2025 Revision of Section 106-Control of Material Revision of Section 109-Measurement and Payment Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.01 shall be deleted and replaced with the following: 109.01 Measurement of Quantities. All work completed under the Contract will be measured by the Engineer according to United States standard measure (English units). A station when used as a definition or term of measurement will be 100 linear feet. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and deductions will not be made for individual structures having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or as ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Items which are measured by linear foot, such as pipe culverts, guardrail, underdrains, etc., will be measured parallel to the base or foundation upon which the structures are placed, unless otherwise shown on the plans. In computing volumes of excavation and embankment, the average end area method or the method incorporated into the Department's computer earthwork program will be used. The term "gauge,"when used in connection with the measurement of plates,will mean the U.S. Standard Gage. When the term "gauge" refers to the measurement of wire, it will mean the wire gage specified in ASTM A510. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor (https://www.colorado.gov/pacific/aginspection/scale- companies ) at least once each year, each time the scales are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor, or the Contractor may utilize commercial scales. Page 39 of 55 December 17, 2025 Revision of Section 106-Control of Material Scales shall be operated according to the Colorado Department of Agriculture's regulations. Weighers, scales, scale tickets, scale house, and verification of the scales' accuracy will not be measured and paid for separately but shall be included in the work. The Contractor may use either certified hopper scales or certified platform scales. When platform scales are used to weigh vehicles carrying material paid for by weight,a certified weigher shall weigh each vehicle. Hopper scales used to directly measure material paid for by weight shall be operated by certified weighers and provide an accurate net weight. The operator of each vehicle carrying material measured and paid for by weight shall obtain a scale ticket (certificate of correct weight) from the certified weigher and deliver the ticket to the Engineer at the point of delivery of the material. The scale ticket shall include the following information: (1) Project Number. (2) Date. (3) Ticket Number. (4) Haul Unit Number. (5) Form 43 Number and Mix Type (HMA and SMA Only) (6) Plant Location (7) Gross Weight. (8) Tare Weight. (9) Net Weight. (10) Material Type. (1 1) Certified Weigher's Name. Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) Identification mark. (2) Vehicle length. Page 40 of 55 December 17, 2025 Revision of Section 106-Control of Material (3) Tare weight. (4) Number of axles. (5) The distance between extreme axles. (6) Information related to legal weight, including the Permit Number and permitted weight of each vehicle for which the State and Weld County has issued an overweight permit. This information shall be furnished before time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. All materials (304 - Class 6 Base Course, 403 HMA, etc.) delivered to the project site that have been weighed by a certified scale, shall be issued tickets by the source certified weigh master. These tickets will be collected and compiled by a representative of the Contractor at the project's placement site. Tickets will be made available for inspection during placement to the Engineer or Inspector at all times. The Contractor will submit, in an envelope, within 48 hours of material placement, the following: (1) Truck Tare List (2) Original Scale Tickets (3) Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative. Material quantity discrepancies, such as waste or rejected loads, will be tracked on the reconciliation sheet submitted by the Contractor. Contractor will be made aware of any discrepancy immediately by the inspector. Ticket package will be submitted to the inspector or Engineer within 48 hours of placement. At the discretion of the Engineer, for material quantity submittals beyond these 48 hours, a price reduction on the material in question will occur as follows: • less than 24 hours = 2% • 25 - 48hours = 5% • 48 hours to 72 hours = 25% • Greater than 72 hours = 100% Weighers using hopper scales solely for botching materials not measured and paid for by weight need not be certified. The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck Page 41 of 55 December 17, 2025 Revision of Section 106 -Control of Material has been issued a scale ticket by the certified weigher.The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 200 pounds plus or minus. The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2,500 tons of material to be weighed.This comparison check shall be made by reweighing a loaded vehicle.The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer.The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. The Engineer will randomly select a loaded truck. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2,500 tons of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured at the point of delivery. Vehicles for this purpose may be of any size or type, provided the body is shaped so the actual contents may be readily and accurately determined. All vehicles shall be loaded to their water level capacity and all loads shall be leveled when the vehicles arrive at the point of delivery. Water used in the work will be measured by the M Gallon or 1,000 U.S. Gallons. The weight of inherent moisture in the material will not be deducted. Water added for the Contractor's convenience will not be paid for. Page 42 of 55 December 17, 2025 Revision of Section 106- Control of Material Water may be measured by either volume or weight. Water meters shall be accurate within a range of plus or minus 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: • 2 inch meter has to be recalibrated at a minimum of every 4 years • 4 inch to 6 inch meter has to be recalibrated at a minimum of every 2 years • 8 inch to 10 inch meter has to be recalibrated at a minimum of every 1 year Water meters shall be calibrated when the Engineer determines there is reason to believe the meters are not accurate within the allowable tolerance. If water meter accuracy is found acceptable, the cost involved in checking the water meter shall be at the Department's expense. If the water meter accuracy is found unsatisfactory, the cost involved in checking the water meter shall be at the Contractor's expense. For those materials specified to be measured by the cubic yard, an acceptable method of computing volumes of excavation is to determine a weight to volume factor and convert weight to volumes by means of the factor. Colorado Procedure 80 as described in the CDOT Field Materials Manual shall determine the weight to volume factor. The number of tests used to determine the material weight to volume factor will be determined by the Engineer. The locations where the tests are taken shall be at those locations specified in the "Method of Measurement" for the particular bid item; i.e., Unclassified Excavation - in its original position: Embankment Material - in its final compacted position, etc. Asphalt materials will be measured by the gallon or ton. Volumes will be measured at 60°F or will be corrected to the volume at 60°F using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weight or weight based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weight or volume subject to correction for loss or foaming will be used for computing quantities. Cement will be measured by the ton. Timber will be measured by the number of thousand feet board measure or MFBM actually incorporated in the structure. Measurement will be based on nominal commercial widths and thicknesses. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will include all necessary fittings and accessories. Rental of equipment will be measured in hours of actual working time and necessary traveling time of the equipment within the limits of the project. If special equipment has been ordered by the Engineer in connection with force account work, travel time and transportation to the Page 43 of 55 December 17, 2025 Revision of Section 106- Control of Material project will be measured. If equipment has been ordered held on the job on a standby basis by the Engineer, and is not otherwise utilized by the Contractor, standby rental rates for the equipment will be paid at the rates specified in subsection 109.04. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, and pipe conduit, and these items are identified by gage, unit weight, and section dimensions, the identification will be considered to be nominal weight or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. The following work will not be measured and paid for separately but shall be included in applicable unit prices for which the work is required. The list below is not all-inclusive and there may be other items which are considered incidental to the project: (1) Earthwork requiring more than one handling. (2) New materials (if required) for resetting fences. (3) Fine grading (4) Soil conditioner unless otherwise identified in the Contract. (5) Fertilizer unless otherwise identified in the Contract. (6) Staging areas (7) Additional temporary construction easements if desired by the Contractor (8) Coordination with utility companies (9) All water Subsection 109.06(a), Paragraph 1 shall be deleted and replaced with the following: (a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the County, pursuant to Section 24-91-103, CRS. The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract amount. No retainage shall be released before Final Acceptance. No retainage shall be released if there are CDPHE fines for stormwater items while under the stewardship of the Contractor until the fines are resolved. No further amount will be retained if the Contractor makes satisfactory progress in the contract work. The amount retained will be in effect until such time as final payment is made, with the following exception which requires the Contractor's written request and consent of the Surety: Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted the necessary forms, the Engineer may make reduction in the amount retained. Page 44 of 55 December 17, 2025 Revision of Section 106-Control of Material Subsection 109.06(e) shall be deleted and replaced with the following: (b) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work that has been satisfactorily completed within seven calendar days after receiving payment for that work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor/supplier until the required payments have been made and providing the reporting documentation required in subsection 109.06(h). The Engineer will continue to authorize progress payments for work performed by compliant subcontractors. Subsection 109.06(h) shall be deleted and replaced with the following: (h) Monthly Reporting. (1) For Weld County Projects not funded by CDOT, the Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, per subsections 108.03(b) or 108.03(c)(3). Failure to submit a complete and accurate Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage to the Contractor. If the Contractor has good cause for delay as described in subsection 109.06(g), the Contractor shall include the justification in its monthly report. The subcontractor or supplier shall have fifteen (15) days from the receipt of the Contractor's payment to confirm payment or report an issue on a Form 1418. If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the subcontractor's or supplier's contractual remedies. Failure to submit complete and accurate data on the Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. If a subcontractor or supplier is also a payer, the subcontractor or supplier shall also report all prompt payments to its lower tier subcontractors or suppliers within seven (7) days of receiving the Contractor's payment on a Form 1418. The lower tier subcontractors or suppliers shall have fifteen (15) days from the receipt of the subcontractor's or supplier's payment to confirm payment or report an issue on a Form 1418. If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the lower tier subcontractor or supplier waives Weld County's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the lower tier subcontractor's or supplier's contractual remedies. Page 45 of 55 December 17, 2025 Revision of Section 106 -Control of Material Failure to submit complete and accurate data on the Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. (2) For Weld County projects with CDOT funding,the Contractor shall record all payments to subcontractors and suppliers by completing an audit in the B2GNow System within fifteen (15) days of paying the subcontractors or suppliers. If the Contractor has good cause for delay as described in subsection 109.06(g), the Contractor shall include the justification in its monthly audit. Once the Contractor enters a payment to a subcontractor or supplier, the subcontractor or supplier will receive a notice to confirm payment. The subcontractor or supplier shall notify the Contractor and the Engineer in writing if there is an issue with the prompt payment. The subcontractor or supplier shall have fifteen (15) days from the notice to confirm payment or report an issue. If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's and CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the lower tier subcontractor's or supplier's contractual remedies. Failure to submit complete and accurate data in the B2GNow System shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. If a subcontractor or supplier is also a payer, the subcontractor or supplier shall also report all prompt payment to its lower tier subcontractors and suppliers within seven (7) days of receiving the Contractor's payment. The lower tier subcontractor or supplier shall notify the Contractor, subcontractor/supplier, and Weld County in writing if there is an issue with prompt payment. If the lower tier subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's and CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the lower tier subcontractor's or contractor's contractual remedies. Failure to submit complete and accurate data in the B2GNow System shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. Subsection 109.06(j)(1) shall be deleted and replaced with the following: 1. Cost adjustments will be based on the fuel price index established by CDOT and calculated as shown in subsection 109.06(i)(2)(D) below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPTS) for Denver No. 2 Diesel.The rate used will be the OPIS Average taken from the OPIS Standard Rack table for Ultra-Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. Subsection 109.06(j)(2)(A), the table shall be deleted and replaced with the following: Item No. Item Pay Unit 403* Hot Mix Asphalt (Grading )(Asphalt) Ton 403 Stone Matrix Asphalt (Grading )(Asphalt) Ton Page 46 of 55 December 17, 2025 Revision of Section 106-Control of Material Table Notes: * Hot Mix Asphalt (Patching) is not subject to asphalt cement cost adjustment. Subsection 109.07, paragraphs 1 and 2 shall be deleted and replaced with the following: 109.07 Payment for Material on Hand (Stockpiled Material). Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. In the event the Engineer agrees to pay for stockpiled materials, payments may be made to the Contractor for materials to be incorporated into the work as evidenced by invoices or cost analyses of material produced on the project subject to the following: In Subsection 109.07(2), delete references to "State owned property" and replace with "County owned property". In Subsection 109.07(2), delete references to "CDOT" and replace with "County". End of Section Page 47 of 55 December 17, 2025 Revision of Section 401 - Plant Mix Pavements - General Revision of Section 401 - Plant Mix Pavements - General Section 401 of the Standard Specifications is hereby revised as follows: Subsection 401.01 shall be revised to include the following: All asphalt paving and supply contractors shall be a member in good standing with the Colorado Asphalt Pavement Association (CAPA) and shall remain a member in good standing for the duration of the project. Proof of being a member in good standing with CAPA shall be provided by the Contractor prior to the submittal of the asphalt mix designs. Subsection 401.02(a)(4) shall be added and shall state the following: 4. The job-mix formula for pavement shall be established by a testing laboratory approved by the County and at the Contractor's expense. Copies of all test data shall be provided to and approved by the County before construction. Subsection 401.02(c) shall be added immediately following Subsection 401.02(b): (c) Reclaimed Asphalt Pavement (RAP) Mixes Furnished to the Project. RAP is allowed in hot mix asphalt (HMA) up to a maximum binder replacement of 20 percent, provided all specifications for HMA are met. Fine Aggregate Angularity requirements shall apply only to the virgin fraction of the fine aggregate. The RAP shall not contain clay balls, vegetable matter, or other deleterious substances, and must meet the uniformity requirements as outlined below. HMA Project Verification Testing for asphalt content and gradation will be performed at the frequencies listed in the Field Materials Manual per CP-L 5120. The Contractor shall have an approved mix design for the amount of RAP to be used. The AC content of the RAP utilized in the Contractor RAP mix design shall be the average AC content determined per 1 B or 1 C, below, or alternatively, a minimum of five samples of the Contractor's RAP stockpile may be sampled and the average AC content of the RAP be determined using AASHTO T-164, Method A or B, or per 1C below. The Contractor shall determine the total binder replaced by the binder in the RAP pursuant to the following equation: Total Binder Replaced = (A x B) x 100/E Where: A = RAP % Binder Content* B = RAP % in Mix* E = Total Effective Binder Content* Page 48 of 55 December 17, 2025 Revision of Section 401 - Plant Mix Pavements - General * in decimal format (i.e., 2%is 0.02) The Total Binder Replaced by the binder in the RAP shall not exceed 20 percent of the effective binder content of either the mix design or the produced mix. The use of RAP shall be controlled per subsections 105.05 and 106.05. If the Contractor elects to use RAP, the following additional conditions shall apply: 1. The Contractor shall have an approved Process Control (PC) Plan that details how the RAP will be processed and controlled. The PC plan shall address the following: A. RAP Processing Techniques. This requires a schematic diagram and narrative that explains the processing (crushing, screening, and rejecting) and stockpile operation for this specific project. B. Control of RAP Asphalt Binder Content (AASHTO T-164, Method A or B). RAP Asphalt Binder Content may also be determined per CP-L 5120, provided a RAP AC content correction factor is determined through correlation testing with AASHTO T-164, Method A or B. The correction factor shall be determined by performing correlation testing on the first five samples of the RAP AC content, then at a frequency of one for every five AC content tests thereafter. The correction factor shall be determined by calculating the average difference in AC content between CP-L 5120 and AASHTO T-164, Method A or B, and applying the correction to the AC content determined per CP-L 5120. Frequency: 1/1,000 tons of processed RAP material (minimum five tests) C. Alternative Control of RAP Binder Content. The Contractor may propose a RAP asphalt content correction factor to be used in conjunction with CP-L 5120. The proposed CP-L 5120 RAP asphalt content correction factor shall be used with all RAP asphalt contents tested for the mixture design and quality control sampling and testing. The methodology of the proposed CP-L 5120 RAP asphalt content correction factor shall be outlined in detail in the approved RAP PC Plan. At a minimum, the proposed CP-L 5120 correction factor shall identify the principal source locations of the RAP aggregate, gradation of the material tested, and specific ignition oven serial number used in all the RAP asphalt content testing. The RAP source locations, material gradation, and specific equipment used shall substantiate the CP-L 5120 asphalt content correction factor used for the testing. The substantiation must be from data gathered from historical information or specific asphalt content correction data obtained from tests performed on similar virgin aggregate sources, virgin material gradations, and the specific equipment used. D. Control of RAP Gradation (CP31 or AASHTO T-30): Frequency: 1/1,000 tons of processed RAP material (minimum three tests) Page 49 of 55 December 17, 2025 Revision of Section 401 - Plant Mix Pavements - General E. Process Control Charts shall be maintained for binder content and each screen listed in subsection 401.02(b), during addition of any RAP material to the stockpile. The Contractor shall maintain separate control charts for each RAP stockpile. The control charts shall be displayed and shall be made available, along with RAP AC extraction testing laboratory reports, to the Engineer upon request. 2. The processed RAP must be 100 percent passing the 31.5 mm (1'/4 inch) sieve. The aggregate obtained from the processed RAP shall be 100 percent passing the 25.0 mm (1 inch) sieve. The aggregate and binder obtained from the processed RAP shall be uniform in all the measured parameters per Table 401-2a. Table 401-2a- Uniformity* Parameter Standard Deviation Binder Content 0.5 Percent Passing 19 mm (3/4") 4.0 Percent Passing 12.5 mm ('/") 4.0 Percent Passing 9.5 mm (%") 4.0 Percent Passing 4.75 mm (#4) 4.0 Percent Passing 2.36 mm (#8) 4.0 Percent Passing 600 µm (#30) 3.0 Percent Passing 75 µm (#200) 1.5 Table 401-2a Notes: *Uniformity is the maximum allowable Standard Deviation of test results of processed RAP. 3. If RAP millings generated are incorporated in the same project, per CPL 5145 the Contractor shall pave with a virgin mix design until sufficient amount of processed RAP has been stockpiled and tested to allow full production of a RAP HMA mix. End of Section Page 50 of 55 December 17, 2025 Revision of Section 403- Hot Mix Asphalt Revision of Section 403- Hot Mix Asphalt Section 403 of the Specifications is hereby deleted for this project and replaced with the following: Description 403.01. This work consists of constructing one or more courses of hot mix asphalt (HMA) on a prepared base per these specifications, and in conformity with the lines, grades, thicknesses, and typical cross sections shown on the plans or established. The HMA acceptance testing for this project shall be the gradation testing procedures per the CDOT Field Materials Manual. All mix designs shall be submitted in accordance with the following: (a) Contractor HMA Mix Designs. All HMA mix designs shall follow CP-52 including a completed Form 429 in the submittal package and any time a new HMA mix design is submitted. (b) Approval of HMA Mix Designs. All HMA mix designs will be approved following CP-54. Contractor coordination and communication with the Engineer is mandatory for the acquisition of all materials needed for verification testing. Mix design shall not be approved or used on the project when the verification process has not been satisfactorily completed and a Form 43 has been approved. Sampling of all materials shall be performed in the presence of the Engineer's representative. All material required in the submitted mix design package shall be collected the same day and in the same location during the scheduled sampling and pickup time. Submitted mix(es) oil samples, in an approved container(s), shall be provided to the Engineer's representative at the scheduled sampling and pickup time. (c) HMA Check Testing Program. The HMA Check Testing Program (CTP) shall follow CP-13. Sample splits of the HMA used for the CTP shall be taken in the presence of the Engineer's Representative. The sample splits shall follow: (1) Samples shall be from the same batches, loads, or trucks. (2) Batch tickets shall be submitted to the Engineer's Representative at the time of sampling. Failure to provide batch tickets at the time of sampling shall result in the rejection of the sample from the CTP. The CTP shall start over or Owner Acceptance test results will be used without dispute or challenge from the Contractor or subcontractor during the course of HMA paving operations. (3) CTP samples shall be from the same mix design that was submitted for the Engineer's review and acceptance. The Engineer shall not approve any CTP samples that are Page 51 of 55 December 17, 2025 Revision of Section 403- Hot Mix Asphalt not from the HMA mix design which has been submitted for their review and acceptance. (4) An oven correction mix shall be prepared for the OA lab a minimum of 2 weeks before the CTP scheduled dates for all mix designs that are to be used in the CTP. The asphalt pavement shall be composed of a mixture of aggregate, filler if required, and asphalt cement. Hot Mix Asphalt (Patching) consists of those quantities required for the replacement of unstable corrugated areas in the existing pavement, pipe trenches, areas removed for curb and gutter forms, areas between the curb and gutter or sidewalk and the existing paved parking lots, and areas designated on the plans. These quantities will be restricted to small areas which require hand placement methods and where conventional paving equipment cannot be utilized. Materials 403.02. The materials shall conform to the requirements of subsections 401.02 through 401.06. The design mixes for hot mixes asphalt shall conform to the following: Table 403-1 - HMA Mix Design Properties Property Test Method SX PG 64-28) S (PG 64-22) Air Voids, percent at: N (design) CPL 5115 3.5-4.5 3.5-4.5 Lab Compaction (Revolutions): N (design) CPL 5115 100 100 Stability, minimum CPL 5106 30 30 Aggregate Retained on the 4.75 mm (No. 4) Sieve for S, SX and SG, and on the 2.36 mm (No. 8) Sieve for ST and SF with at least CP-45 60% 60% 2 Mechanically Induced fractured faces,% minimum Accelerated Moisture Susceptibility Tensile CPL 5109 80 80 Strength Ratio (Lottman), minimum Method B Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 205 (30) 205 (30) Method B Grade of Asphalt Cement, Top Layer PG 64-28 Grade of Asphalt Cement, Layers below PG 64-22 PG 64-22 Top Voids in the Mineral Aggregate (VMA) % CP-48 See Table 403-2 See Table 403-2 minimum Voids Filled with Asphalt (VFA), % _ Al MS-2 65-75 65-75 Dust to Asphalt Ratio Fine Gradation CP-50 0.6- 1.2 0.6- 1.2 Coarse Gradation 0.8- 1.6 0.8- 1.6 Table 403-1 Notes: • Al MS 2 = Asphalt Institute Manual Series 2 Page 52 of 55 December 17, 2025 Revision of Section 403- Hot Mix Asphalt • Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. • Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. • Gradations for mixes with a nominal maximum aggregate size of 3/4" to 3/8" are considered a coarse gradation if they pass below the maximum density line at the #8 screen. • Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Table 403-2-Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum ***Design Air ***Design Air ***Design Air ***Design Air Size*, mm (inches) Voids** 3.5% Voids**4.0% Voids**4.5% Voids** 5.0% 37.5 (1 Y2) 11.6 11.7 11.8 N/A 25.0 (1) 12.6 12.7 12.8 N/A 19.0 (3/4) 13.6 13.7 13.8 N/A 12.5 (1/4) 14.6 14.7 14.8 N/A 9.5 (3/8) 15.6 15.7 15.8 16.9 Table 403-2 Notes: • The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved before beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop, and the cause of segregation shall be corrected before paving operations will be allowed to resume. A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt when determined by the Engineer. Acceptance samples shall be taken per CP-41, Method B or C, as determined by the Engineer. Page 53 of 55 December 17, 2025 Revision of Section 403- Hot Mix Asphalt Method of Measurement 403.04. Hot mix asphalt will be measured as prescribed in subsection 401.21. Basis of Payment 403.05. The accepted quantities of hot mix asphalt will be paid for at the contract unit price per ton for the asphalt mixture. Aggregate, asphalt cement, asphalt recycling agent, additives (other than Warm Mix additive), hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately but shall be included in the unit price bid. Asphalt cement will not be measured and paid for separately but shall be included in the work. The Contractor shall collect the scale ticket on each load when it is delivered to the project site and ensure that the information required in subsection 109.01 is shown on each ticket.The scale tickets shall be provided to the Engineer prior to the start of the next day's paving operations. End of Section Page 54 of 55 Page 55 of 55 Exhibit B Rose Everett From: Ken (Kenneth)Carter <KEN.CARTER@martinmarietta.com> Sent: Thursday, February 12, 2026 8:21 AM To: bids Cc: Jerimy Runner Subject: Martin Marietta - Bid Submittal - B2600003-Hot and Warm Mix Asphalt Supply 2026 (with options for renewal in 2027/2028) Attachments: Martin Marietta - B2600003 - Hot Mix Asphalt Supply 2026.pdf This Message Is From an External Sender This email was sent by someone outside Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Weld County Bids, Please see attached bid documents for the B2600003-Hot and Warm Mix Asphalt Supply 2026(with options for renewal in 2027/2028) "I hereby waive my right to a seated bid" Included Documents within this.pdf: 1. Schedule D-Bid Form 2. Ryan Yoch-Evidence of Authority to Sign-Signing Officer 3. Acknowledgement-Addendum#1 1 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. 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 The submitted bid unit prices, along with the total cost for the bid tabulation provided in Schedule D, will be used by Weld County to evaluate the lowest cost to the county. Bid items with a zero (0) quantity still need a until price to submit a bid. These items/materials could be used in subsequent annual renewal terms (2027 and/or 2028). Therefore, a price must be submitted to establish a baseline cost for renewals. • Solicitation#B2600003 Page 9 North Supply _ Item# Material quantity Unit Bid Price Per Contract Price Plant Location Description Unit Hot Mix 925 N. 35th Ave. Asphalt Greeley, Co 80634 403.01 PG68-28(S) 10,532 TON 59.00 $621,388.00 (100)—20% RAP Hot Mix 925 N. 35th Ave. Asphalt Greeley, Co 80634 403.02 PG68-28(SX) 2,000 TON 60.50 $121.000.00 (76)—20% RAP Hot Mix 925 N. 35th Ave. Asphalt 60.50 $0.00 Greeley, Co 80634 403.03 PG64-22(SX) 0 TON (75)-20% RAP Hot Mix 925 N. 35th Ave. Asphalt 59.00 $2,171,200.00 Greeley, Co 80634 403.04 PG64-22(S) 36,800 TON (100)—20% RAP Hot Mix 925 N. 35th Ave. Asphalt 1' 66.00 $1,463,220.00 Greeley, Co 8063 403.05 PG64-28(SX) 22,170 TON (100)—20% RAP Hot Mix 925 N. 35th Ave. Asphalt Greeley, Co 80634 403.06 PG64-28(SX) 0 TON 66.00 $0.00 (75)-20% RAP Emulsified 925 N. 35th Ave. 403.07 Asphalt(8CC- 40,000 GAL 4.75 $190,000 00 Greeley, Co 80634 (Tack Coat) Warm Mix 925 N. 35th Ave. 403.08 Additive 0 TON 4.00 $0.00 Greeley, Co 80634 (COOT API) Total $4,566,808.00 Solicitation#B2600003 Page 10 South Supply Item# Material Quantity Unit Bid Price Per Contract Price Plant Location "Description Unit Hot Mix 27486 CR 13 Asphalt Johnstown, CO 403.09 PG58-28 (S) 29,030 TON 56.00 $1,625,680.00 80634 (100)-20% RAP Hot Mix 27486 CR 13 Asphalt Johnstown, CO 403.10 PG68-28(SX) 0 TON 57.50 $0.00 80634 (75)-20% RAP Hot Mix 27486 CR 13 Asphalt 57.50 $156,975.00 Johnstown, CO 403.11 PG64-22(SX) 2,730 TON 80634 (75)-20% RAP Hot Mix 27486 CR 13 Asphalt 56.00 $0 00 Johnstown, CO 403.12 PG64-22(S) 0 TON 80634 (100)-20% RAP Hot Mix 27486 CR 13 Asphalt Johnstown, CO 403.13 PG64-28(SX) 14,100 TON 63.00 $888,300.00 80634 (100)-20% RAP Hot Mix 27486 CR 13 Asphalt Johnstown, CO 403.14 PG64-28(SX) 2,940 TON 63.00 $185220.00 80634_. (75)-20% RAP Warm Mix 27486 CR 13 403.15 Additive 0 TON 4.00 $0.00 Johnstown, CO (COOT APL) 80634 Total $2,856,175.00 Solicitation#B2600003 Page 11 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 Solicitation B2600003 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: Martin Marietta Materials, Inc. Address: 1800 North Taft Hill Road Ft Collins,CO 80521 Phone 970-407-3600 Email: lerimy.runner@martinmarietta.com FEIN/Federal Tax ID#: 56-1848578 CONTRACTOR: By: FY„n VKAA- 2-12-2026 Date of Signature Name: Ryan Yoch Title: VP General Manager Solicitation#82800003 Page 12 Martin Abbott Lawrence Marietta President Rocky Mountain Division March 8, 2018 To Whom It May Concern: Please be advised that Martin Marietta has authorized Ryan Yoch to execute any and all documents Including,but not limited to,contracts,change orders,and pay estimates as needed in the ordinary course of business as they pertain to the completion of your project. Sincerely, MARTIN MARIETTA Abbott Lawrence President-Rocky Mountain Division 1627 Cole Boulevard,Suite 200, Lakewood,CO 80401 t. (720)245-6447 m. (303)961-2861 e. abbott.lawrence@martlnmarietta.com Addendum # 1 Bid Request Number B2600003 Hot and Warm Mix Asphalt Supply 2026 (with options for renewal in 2027/2028) The following shall be incorporated into the contract documents for the above- referenced project: o Vendor Questions and Response. All other terms and conditions of the contract documents remain unchanged. Bidder must acknowledge receipt of this addendum. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you! *** Company Name: Martin Marietta Materials, Inc. 2-12-2026 Date of Signature Signature: Pi.,^ tk t. Name: Ryan Yoch Title: VP General Manager Date: February 6, 2026 CONTRACTOR QUESTIONS AND RESPONSES: Question 1: For the south supply bid, how do we submit pricing for multiple plant locations on the bid form? Answer 1: Vendors that have multiple asphalt plants in either the north or south locations can submit more than one Schedule D bid response form with the unit price and plant location. Question 2: The Evans Plant at 17085 WCR 394 (Evans) Is approximately 3 miles south of US 34. Given that the County is going to "consider job-stie location and hauling cost" in determining the plant to use for the supply for each project, we would like to be able to provide a bid from the Evans plan for the north supply and let the County determine the most cost-effective choice for the County. The way the instructions are currently written, we do not have that option. Can this be allowed? Answer 2: No, Weld County Public Works has defined US 34 as a geographical dividing line for selecting north/south hot and warm mix suppliers. This is based on our department's starting location each morning and the department's operational process. Weld County Public Works will consider all asphalt plants, whether in the north or south, that meet the bid requirements during the review process. NOTICE OF AWARD Hot And Warm Mix Asphalt Supply 2026 (North and South Supply) To: Martin Marietta Materials Inc. 1800 N. Taft Hill Rd. Fort Collins, CO 80521 Project Description: B2600003, Hot&Warm Mix Asphalt Supply 2026 (North and South Supply) The contract, Hot &Warm Mix Asphalt Supply 2026, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above-described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$ 7,422,983.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 3 day of March , 2026 Weld County, Colorado, Owner By: Y Joshua J. Holbrook Pavement Management Supervisor ACCEPTANCE OF NOTICE Martin Marietta Materials, Inc. Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this 4th day of March 20 26 4 By: �.� Title: vP/GM DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 09/23/2025 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 MARSH USA LLC. NAME: 100 North Tryon Street,Suite 3600 (A/C.No.Exi): FAX No): Charlotte,NC 28202 E-MAIL Attn:CA NON-RESIDENT NO.0B22889 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102458548-9/30-Stand-25-26 RM201 INSURER A:American Zurich Insurance Company 40142 INSURED INSURER B:American Guarantee and Liability Insurance Company 26247 Martin Marietta Materials,Inc. Attn:Dan Welsh INSURER C: 4123 Parklake Avenue INSURER D: PO Box 30013 Raleigh,NC 27612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-005034145-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINS° WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY GL0987504404 09/30/2025 09/30/2026 EACH OCCURRENCE $ 3,000,000 AmAGE TO CLAIMS-MADE X OCCUR PR M SES(EaENTED occurrence) $ 50,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY X EC LOC PRODUCTS-COMP/OPAGO $ 6,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP987504504 09/30/2025 09/30/2026 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR AUC 3293761.04 09/30/2025 09/30/2026 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC987504704(AOS) 09/30/2025 09/30/2026 X STATUTE ERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.YNN N/A EACH ACCIDENT $ 2,000,000 OFFICER/MEMBEREXCLUDED? 2,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Board of County Commissioners of Weld County,Colorado,its officers,and employees is/are additional insured under General Liability(including ongoing and completed ops)and Automobile Liability as their interest may appear,if required by written contract with the named insured,subject to the terms and conditions of the policies.A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder,if required by written contract with the named insured,subject to the terms and condilions of the policies.General liability and auto liability Insurance apply on a primary and non- contributory basis,if required by written contract,and subject to policy terms and condilions. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 758 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley,CO 80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V rdA(c ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0 docusign Certificate Of Completion Envelope Id:4AB6D46A-B440-49DB-B32B-E78F06BC23A0 Status:Completed Subject:Complete with Docusign:supply-agreement-82600003.pdf Source Envelope: Document Pages: 11 Signatures:1 Envelope Originator: Certificate Pages:4 Initials:0 DEBBRA SMITH AutoNav:Enabled Debbra.Smith@martinmarietta.com Envelopeld Stamping:Disabled IP Address:136.226.86.203 Time Zone:(UTC-05:00)Eastern Time(US 8 Canada) Record Tracking Status:Original Holder:DEBBRA SMITH Location:DocuSign 3/4/2026 11:54:02 AM Debbra.Smith@martinmarietta.com Signer Events Signature Timestamp Ryan Yoch Sent:3/4/2026 11:56:05 AM ryan.yoch@martinmarietta.com PY^^ 4"L Viewed:3/4/2026 12:12:43 PM VP/GM Signed:3/4/2026 12:12:59 PM Martin Marietta Materials,Inc Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address: 136.226.78.121 Electronic Record and Signature Disclosure: Accepted:3/4/2026 12:12:43 PM ID:3878145d-0314-4f28-9c66-299968b48456 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/4/2026 11:56:05 AM Certified Delivered Security Checked 3/4/2026 12:12:43 PM Signing Complete Security Checked 3/4/2026 12:12:59 PM Completed Security Checked 3/4/2026 12:12:59 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job MARTIN MARIETTA MATERIALS SUP-31274 aid linked here to add a INC ❑supplier in Workday. Contract Name* Contract ID Parent Contract ID HOT AND WARM MIX ASPHALT SUPPLY 2026 (NORTH 1 0440 Requires Board Approval AND SOUTH) Contract Lead* YES Contract Status JHOLBROOK CTB REVIEW Department Project# Contract Lead Email jholbrook@weld.gov Contract Description* SUPPLY WELD COUNTY PUBLIC WORKS WITH APPROXIMATELY 120,000 TONS OF HOT MIX ASPHALT FOR THE 2026 CONSTRUCTION SEASON. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT PUBLIC WORKS Date* 03/07/2026 03/11 /2026 Amount* Department Email $7,422,983.00 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 B2600003 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* 12/21 /2026 01 /25/2027 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 .CURTIS HALL 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 JHOLBROOK 03/11 /2026 Public Works Department ;is r j-��\ (970) 400-3750 g 1 1 1 1 H St., P.O. Box 758 c o;d_N T Y Greeley, CO 80632 February 26, 2026 To: Board of County Commissioners Subject: Bid Recommendation for the 2026 Hot and Warm Asphalt Supply, B2600003 As advertised, this solicitation is for the 2026 Hot and Warm Asphalt Supply Bid. The Public Works Department received four bids for the hot and warm asphalt supply. Public Works is recommending award to the lowest qualified bidder, Martin Marietta Materials Inc., for an amount not to exceed $7,422,983.00. If you have any questions, please contact me. Sincerely, _(:r04q Curtis Hall Director 2026-0437 3/Z OUaq BID TABULATION HOT AND WARM MIX ASPHALT SUPPLY 2026 BID REQUEST NO.B2600003 North Supply Martin Marietta Materials Connell Simon 925 N.35th 6550 S CO Ave Greeely, 41220 Ryland Ave RD 5 Ft. CO 80634 North Supply Ault,C080610 North Supply Collins,CO North Supply Item Quantity Number Item Unit North Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total HOT MIX ASPHALT 403.01 PG58-28(S)(100) TON 10,532 $59.00 $621,388.00 $64.00 $674,048.00 $71.50 $753,038.00 20%RAP HOT MIX ASPHALT 403.02 PG58-28(SX)(75) TON 2,000 $60.50 $121,000.00 $64.00 $128,000.00 $71.50 $143,000.00 20%RAP HOT MIX ASPHALT 403.03 PG64-22(SX)(75) TON 0 $60.50 $0.00 $0.00 $0.00 $0.00 $0.00 20%RAP HOT MIX ASPHALT 403.04 PG64-22(S)(100) TON 36,800 $59.00 $2,171,200.00 $63.00 $2,318,400.00 $71.50 $2,631,200.00 20%RAP HOT MIX ASPHALT 403.05 PG64-28(SX)(100) TON 22,170 $66.00 $1,463,220.00 $72.00 $1,596,240.00 $75.50 $1,673,835.00 20%RAP HOT MIX ASPHALT 405.06 PG64-28(SX)(75) TON 0 $66.00 $0.00 $0.00 $0.00 $0.00 $0.00 20%RAP EMULSIFIED ASPHALT 405.07 (CSS-1H)(TACK COAT) GAL 40,000 $4.75 $190,000.00 $3.50 $140,000.00 $5.00 $200,000.00 NORTH SUPPLY ONLY 403.08 WARM MIX ADDITIVE TON 0 $4.00 $0.00 $0.00 $0.00 $0.00 $0.00 (CDOT APL) Total $4,566,808.00 Total $4,856,688.00 Total $5,401,073.00 no errors no erros no errors South Supply Martin Marietta Materials Asphalt Specialties Asphalt Specialties 27486 CR 13 5752 WCR 6 Johnstown, 17085 WCR 394, Erie,CO CO 80634 South Supply Evans CO 80620 South Supply 80516 South Supply Item Quantity Number Item Unit South Unit Price Sub Total Unit Price Sub Total Unit Price Sub Total HOT MIX ASPHALT 403.09 PG58-28(S)(100) TON 29,030 $56.00 $1,625,680.00 $62.00 $1,799,860.00 $64.00 $1,857,920.00 20%RAP HOT MIX ASPHALT 403.1 PG58-28(SX)(75) TON 0 $57.50 $0.00 $64.00 $0.00 $66.00 $0.00 20%RAP HOT MIX ASPHALT 403.11 PG64-22(SX)(75) TON 2,730 $57.50 $156,975.00 $64.00 $174,720.00 $66.00 $180,180.00 20%RAP HOT MIX ASPHALT 403.12 P064-22(S)(100) TON 0 $56.00 $0.00 $62.00 $0.00 $64.00 $0.00 20%RAP HOT MIX ASPHALT 403.13 PG64-28(SX)(100) TON 14,100 $63.00 $888,300.00 $70.00 $987,000.00 $72.00 $1,015,200.00 20%RAP HOT MIX ASPHALT 403.14 PG64-28(SX)(75) TON 2,940 $63.00 $185,220.00 $71.00 $208,740.00 $73.00 $214,620.00 20%RAP 403.15 WARM MIX ADDITIVE TON 0 $4.00 $0.00 $4.00 $0.00 $4.00 $0.00 (CDOT APL) Total $2,856,175.00 Total $3,170,320.00 Total $3,267,920.00 no errors no erros no errors Total lowest bid by Martin Marietta $7,422,983.00 2026 HMA Bid Tab2026 HMA supply 2/25/2026 tt6J f"r Weld County Finance Department Purchasing Division 6, w bids weld.gov U, - 1301 North 17th Avenue coin Greeley, Colorado 80631 Bid Opening Tabulation Title: Hot & Warm Mix Asphalt Supply Bid Number: B2600003 Department: Public Works Bid Opening Date: Febuary 12, 2026 Award: February 25, 2026 (March 2, 2026) North Supply Vendor— Material Bid Price Per Item# MARTIN Description Quantity Unit Unit Contract Price Plant Location MARIETTA Address: Hot Mix 1800 N Taft Asphalt 925 N. 35TH Ave 403.01 Hill Road PG58-28 (S) 10,532 TON 59.00 $621,88.00 Greeley CO Ft Collins CO (100)—20% 80634 80521 RAP Hot Mix Asphalt 925 N. 35TH Ave 403.02 PG58-28 (SX) 2,000 TON 60,50 $121,000.00 Greeley CO (75)—20% 80634 RAP Hot Mix Asphalt 925 N. 35TH Ave 403.03 PG64-22 (SX) 0 TON 60.50 $0.00 Greeley CO (75)—20% 80634 RAP Hot Mix Asphalt 925 N. 35TH Ave 403.04 PG64-22(S) 36,800 TON 59.00 $2,171,200.00 Greeley CO (100)—20% 80634 RAP Hot Mix Asphalt 925 N. 35TH Ave 403.05 PG64-28 (SX) 22,170 TON 66.00 $,463,220.00 Greeley CO (100)—20% $1,463,220.00 80634 RAP Hot Mix Asphalt 925 N. 35TH Ave 403.06 PG64-28(SX) 0 TON 66.00 $0.00 Greeley CO (75)-20% 80634 RAP Emulsified 925 N. 35TH Ave 403.07 Asphalt(SCC- 40,000 GAL 4.75 $190,000.00 Greeley CO H) (Tack Coat) 80634 Warm Mix 925 N. 35TH Ave 403.08 Additive 0 TON 4.00 $0.00 Greeley CO (CDOT APL) 80634 Total $4,566.808.00 The Public Works Department is reviewing the proposals. South Supply Vendor- Material Bid Price Per Item# MARTIN Description Quantity Unit Unit Contract Price Plant Location MARIETTA Address: Hot Mix 1800 N Taft Asphalt 27486 CR 13 403.09 Hill Road PG58-28 (S) 29,030 TON 56.00 $1,625,680.00 Johnstown CO Ft Collins CO (100)—20% 80634 80521 RAP Hot Mix Asphalt 27486 CR 13 403.10 PG58-28(SX) 0 TON 57.50 $0.00 Johnstown CO (75)—20% 80634 RAP Hot Mix Asphalt 27486 CR 13 403.11 PG64-22 (SX) 2,730 TON 57.50 $156,975.00 Johnstown CO (75)—20% 80634 RAP Hot Mix Asphalt 27486 CR 13 403.12 PG64-22 (S) 0 TON 56.00 $0.00 Johnstown CO (100)—20% 80634 RAP Hot Mix Asphalt 27486 CR 13 403.13 PG64-28(SX) 14,100 TON 63.00 $888,300.00 Johnstown CO (100)—20% 80634 RAP Hot Mix Asphalt 27486 CR 13 403.14 PG64-28 (SX) 2,940 TON 63.00 $1,852,220.00 Johnstown CO (75)-20% 80634 RAP Warm Mix 27486 CR 13 403.15 Additive 0 TON 4.00 $0.00 Johnstown CO (CDOT APL) 80634 Total $2,856,175.00 The Public Works Department is reviewing the proposals. North Supply Vendor- Material Bid Price Per Item# CONNELL Description Quantity Unit Unit Contract Price Plant Location RESOURCES Address: Hot Mix 7785 Highland Asphalt 41220 Ryland 403.01 Meadows PG58-28 (S) 10,532 TON 64.00 $674,048.00 Avenue Pkwy,Ste 100 (100)—20% Ault CO 80610 Ft Collins CO RAP 80528 Hot Mix Asphalt 41220 Ryland 403.02 PG58-28(SX) 2,000 TON 64.00 $128,000.00 Avenue (75)—20% Ault CO 80610 RAP Hot Mix Asphalt 403.03 PG64-22 (SX) 0 TON (75)—20% RAP Hot Mix Asphalt 41220 Ryland 403.04 PG64-22 (S) 36,800 TON 63.00 $2,318,400.00 Avenue (100)—20% Ault CO 80610 RAP Hot Mix Asphalt 41220 Ryland 403.05 PG64-28(SX) 22,170 TON 72.00 $1,596,240.00 Avenue (100)—20% Ault CO 80610 RAP Hot Mix Asphalt 403.06 PG64-28(SX) 0 TON (75)-20% RAP Emulsified 41220 Ryland 403.07 Asphalt(SCC 40,000 GAL 3.50 $140,000.00 Avenue (Tack Coat) Ault CO 80610 Warm Mix 403.08 Additive 0 TON (CDOT APL) Total $4,856,688.00 The Public Works Department is reviewing the proposals. South Supply Vendor— Material Bid Price Per Item# CONNELL Description Quantity Unit Unit Contract Price Plant Location RESOURCES Address: Hot Mix 7785 Highland Asphalt 403.09 Meadows PG58-28(S) 29,030 TON NO BID Pkwy,Ste 100 (100)—20% Ft Collins CO RAP 80528 Hot Mix Asphalt 403.10 PG58-28 (SX) 0 TON (75)—20% RAP Hot Mix Asphalt 403.11 PG64-22 (SX) 2,730 TON NO BID (75)—20% RAP Hot Mix Asphalt 403.12 PG64-22 (S) 0 TON (100)—20% RAP Hot Mix Asphalt 403.13 PG64-28 (SX) 14,100 TON NO BID (100)—20% RAP Hot Mix Asphalt 403.14 PG64-28 (SX) 2,940 TON NO BID (75)-20% RAP Warm Mix 403.15 Additive 0 TON (CDOT APL) Total The Public Works Department is reviewing the proposals. North Supply Vendor— Material Bid Price Per Item# ASPHALT Description Quantity Unit Unit Contract Price Plant Location SPECIALTIES Address: Hot Mix 345 W. 62nd Asphalt 403.01 Ave PG58-28(S) 10,532 TON NO BID Denver CO (100)—20% 80216 RAP Hot Mix Asphalt 403.02 PG58-28(SX) 2,000 TON NO BID (75)—20% RAP Hot Mix Asphalt 403.03 PG64-22 (SX) 0 TON (75)—20% RAP Hot Mix Asphalt 403.04 PG64-22 (S) 36,800 TON NO BID (100)—20% RAP Hot Mix Asphalt 403.05 PG64-28 (SX) 22,170 TON NO BID (100)—20% RAP Hot Mix Asphalt 403.06 PG64-28(SX) 0 TON (75)-20% RAP Emulsified 403.07 Asphalt1 (SCC 40,000 GAL NO BID (Tack Coat) Warm Mix 403.08 Additive 0 TON (CDOT APL) Total The Public Works Department is reviewing the proposals. South Supply - 1st Location Vendor— Material Bid Price Per Item# ASPHALT Description Quantity Unit Unit Contract Price Plant Location SPECIALTIES Address: Hot Mix 345 W.62nd Asphalt Road 6 Plant 5752 403.09 Ave PG58-28 (S) 29,030 TON 64.00 $1,857,920.00 County Road 6 Denver CO (100)—20% Eric CO 80516 80216 RAP Hot Mix Asphalt Road 6 Plant 5752 403.10 PG58-28 (SX) 0 TON 66.00 County Road 6 (75)—20% Eric CO 80516 RAP Hot Mix Asphalt Road 6 Plant 5752 403.11 PG64-22 (SX) 2,730 TON 66.00 $180,180.00 County Road 6 (75)—20% Eric CO 80516 RAP Hot Mix Asphalt Road 6 Plant 5752 403.12 PG64-22 (S) 0 TON 64.00 County Road 6 (100)—20% Eric CO 80516 RAP Hot Mix Asphalt Road 6 Plant 5752 403.13 PG64-28 (SX) 14,100 TON 72.00 $1,015,200.00 County Road 6 (100)—20% Eric CO 80516 RAP Hot Mix Asphalt Road 6 Plant 5752 403.14 PG64-28 (SX) 2,940 TON 73.00 $214,620.00 County Road 6 (75)-20% Eric CO 80516 RAP Warm Mix 403.15 Additive 0 TON 4.00 (CDOT APL) Total $3,267,920.00 The Public Works Department is reviewing the proposals. South Supply — 2nd Location Vendor— Material Bid Price Per Item# ASPHALT Description Quantity Unit Unit Contract Price Plant Location SPECIALTIES Address: Hot Mix Evans Plant 345 W. 62"d Asphalt 92.00 17085 WC Road 403.09 Ave PG58-28(S) 29,030 TON $62.00 $1,799,860.00 394 Denver CO (100)—20% Evans CO 80620 80216 RAP Hot Mix Asphalt Evans Plant 403.10 PG58-28 (SX) 0 TON 64.00 17085 WC Road (75)—20% 394 RAP Evans CO 80620 Hot Mix Asphalt Evans Plant 403.11 PG64-22 (SX) 2,730 TON 64.00 $174,720.00 17085 WC Road (75)—20% 394 RAP Evans CO 80620 Hot Mix Asphalt Evans Plant IES PG64-22(S) 0 TON 62.00 17085 WC Road (100)—20% 394 RAP Evans CO 80620 Hot Mix Asphalt Evans Plant 403.13 PG64-28(SX) 14,100 TON 70.00 $987,000.00 17085 WC Road (100)—20% 394 RAP Evans CO 80620 Hot Mix Asphalt Evans Plant 403.14 PG64-28 (SX) 2,940 TON 71.00 $208,740.00 17085 WC Road (75)-20% 394 RAP Evans CO 80620 Warm Mix Evans Plant 403.15 Additive 0 TON 4.00 17085 WC Road (CDOT APL) 394 Evans CO 80620 Total $3,170,320.00 The Public Works Department is reviewing the proposals. North Supply Vendor— Material Bid Price Per Item# Quantity Unit Contract Price Plant Location SIMON Description Unit Address: Hot Mix 6550 S.Co Rd Asphalt Ft. Collins 403.01 5 PG58-28 (S) 10,532 TON 71.50 $753,038.00 (6550 S CO Rd 5) Ft.Collins CO (100)—20% RAP Hot Mix Asphalt Ft. Collins 403.02 PG58-28(SX) 2,000 TON 71.50 $143,000.00 (75)—20% (6550 S CO Rd 5) RAP Hot Mix Asphalt 403.03 PG64-22 (SX) 0 TON (75)—20% RAP Hot Mix Asphalt Ft. Collins 403.04 PG64-22(S) 36,800 TON 71.50 $2,631,200.00 (100)—20% (6550 S CO Rd 5) RAP Hot Mix Asphalt Ft. Collins 403.05 PG64-28 (SX) 22,170 TON 75.50 $1,673,835.00 (6550 S CO Rd 5) (100)—20% RAP Hot Mix Asphalt 403.06 PG64-28 (SX) 0 TON (75)-20% RAP Emulsified 403.07 Asphalt(SCC- Ft. Collins 40,000 GAL $5.00 $200,000.00 1 H) (6550 S CO Rd 5) (Tack Coat) Warm Mix 403.08 Additive 0 TON (CDOT APL) Total $5,401,073.00 The Public Works Department is reviewing the proposals. South Supply Vendor— Material Bid Price Per Item# SIMON Description Quantity Unit Unit Contract Price Plant Location Address: Hot Mix 6550 S. Co Rd Asphalt 403.09 5 PG58-28 (S) 29,030 TON NO BID Ft.Collins CO (100)—20% RAP Hot Mix Asphalt 403.10 PG58-28 (SX) 0 TON (75)—20% RAP Hot Mix Asphalt 403.11 PG64-22 (SX) 2,730 TON NO BID (75)—20% RAP Hot Mix Asphalt 403.12 PG64-22 (S) 0 TON (100)—20% RAP Hot Mix Asphalt 403.13 PG64-28 (SX) 14,100 TON NO BID (100)—20% RAP Hot Mix Asphalt 403.14 PG64-28 (SX) 2,940 TON NO BID (75)-20% RAP Warm Mix 403.15 Additive 0 TON (CDOT APL) Total The Public Works Department is reviewing the proposals. Hello