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Home My WebLink About20260438 Coni- 'c&&\Dft1Oak�% SUPPLY AGREEMENT BETWEEN WELD COUNTY AND MAXWELL PRODUCTS, INC. THIS AGREEMENT is made and entered into this LO day of f`Aa VC k1 2026, by and between the Board of Weld County Commissioners, on behalf of Weld County Public Works, hereinafter referred to as "County," and Maxwell Products, 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. B2600004. 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 sw+- r c onbae. (Pw) �1-3S 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 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 2 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 3 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 scope of their employment. The policy shall contain a waiver of subrogation against 4 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. 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 6 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 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: 8 • (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: Nicole Maxwell Position: Sale Support Manager Address: 650 S. Delong St. Salt Lake City, UT 84104 E-mail: Nicole@maxwellproducts.com Phone: 801.972.2090 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 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. 9 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 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. io 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. CONTR CT R: By: Name: Nicole Maxwell Date of Signature: 3/5/2026 Title: Sales Support Manager WELD COUNTY: ATTEST:r.�� xiih; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY:tbld'at '//� rli / „, eputy Clerk to he Botafd Scott K. James, Chair , 2 ..., 4 202G E I sz film tits,* Frir ZoZlo—o43 Exhibit A I Weld County Finance Department \.861� Purchasing Division \ �� = S 1301 North 17th Avenue `' "dry) Greeley, Colorado 80631 v GOUNTY Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2600004 Title: Crack Seal supply 2026 (with options for renewal in 2027/2028) Advertisement Date: February 6, 2026 Questions Due: February 12, 2026, by 3:00pm Questions Posted: February 13, 2026, by 3:00pm Questions email: bidsweld.gov Bid Due Date: February 20, 2026, by 10:00 AM Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments There are no attachments for this IFB Schedule A: Bid Instructions Attachment 1 — Schedule B: Scope of Work Attachment 2 — Schedule C: Project Schedule Attachment 3 — Schedule D: Bid Form Attachment 4 — Schedule E: Insurance & Bonds Schedule F: Weld County Contract 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 Attestation 10 Schedule E — Insurance 12 Insurance 12 Insurance Mailing Information 15 Schedule F - Weld County Contract 16 Contractual Obligations 16 Weld County Standard Contract 16 Solicitation #B2600004 Page 2 Solicitation#B2600004 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: Crack Seal Supply Bids will be received until: February 20, 2026 at 10:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 20, 2026 at 10:30am. 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 [Purchasing Insert] [Purchasing Insert] 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(c�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 #B2600004 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#B2600004 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#B2600004 Page 6 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide and deliver Joint/Crack Seal material to Weld County Public Works. 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 poured joint/crack sealant for 2026: 1. Weld County will not supply any material for this project 2. Bidders must indicate the location of their plant. 3. Vendor will load, scale and deliver all materials to the Weld County Public Works facility at 1111 H Street, Greeley Colorado two weeks after the contract has been awarded and contract has been signed. 4. Crack Fill material shall be supplied and delivered in cardboard boxes. 5. Vendor will call 24 hours before delivery of material. Delivery will only be between 7:00am to 3:00pm Monday through Friday. 6. 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. 7. Weld County will select the bidders based on the lowest cost to the County. 8. Payment shall be made according to the bid prices submitted as determined by scale tickets from the plant. 9. The specifications for material supply shall be in accordance with the most current edition Colorado Department of Transportation (CDOT), Standard Specifications for Road and Bridge Construction, unless otherwise stipulated in this Document. References to the division shall mean Weld County and all Solicitation #B2600004 Page 7 documentation required will be handled through the Weld County Public Works Department. 10.Hot poured joint/crack sealant shall meet or exceed section 702.04 (Type II or Type IV). 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, 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 #B2600004 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date February 6, 2026 Technical Questions Due February 12, 2026, by 3:00pm Technical Questions email bids©weld.gov Questions Answered via Addendum February 13, 2026 Proposals Are Due February 20, 2026, by 10:00am Purchasing's Clock Solicitation Notice of Award (Anticipated) March 2, 2026 Contract Execution (Anticipated) March 16, 2026 Solicitation #B2600004 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 Provide fees for this project below: Item# Material Quantity Unit Bid Price Per Contract Price Plant Location Description Unit Hot Poured Joint/Crack 702.04 Selant(CDOT 49 TON Type II or Type IV Total 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 B26OOOO4 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 Solicitation#B2600004 Page 10 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 #B2600004 Page 11 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 #B2600004 Page 12 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 #B2600004 Page 13 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 #B2600004 Page 14 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 Department of Public Works ATTN: Joshua J. Holbrook PO Box 758 Greeley, CO 80632 Solicitation#B2600004 Page 15 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#B2600004 Page 16 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 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 Solicitation #B2600004 Page 17 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 Solicitation #B2600004 Page 18 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, Solicitation#B2600004 Page 19 or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, 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 Solicitation #B2600004 Page 20 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. 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 Solicitation # B2600004 Page 21 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 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 Solicitation #B2600004 Page 22 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: Position: Address: Solicitation#B2600004 Page 23 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 amended. Solicitation#B2600004 Page 24 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. CONTRACTOR: Solicitation #B2600004 Page 25 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 #B2600004 Page 26 Exhibit B Rose Everett From: Nicole Maxwell <nicole@maxwellproducts.com> Sent: Thursday, February 19, 2026 9:29 PM To: bids Cc: Jon Allen Subject: Bid Submission Bid B2600004, Crack Seal Supply 2026 Attachments: Bid submission.pdf This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking links, or downloading attachments until their identify is verified. Hello, Attached is the bid submission for Maxwell Products Inc. for Bid B2600004. Crack Seal Supply 2026. I hereby waive my right to a sealed bid. Please let me know if you have any questions. Best, Nicole Maxwell Maxwell Products, Inc. Sales Support Manager 801-433-4347 www.maxwellproducts.com www.youtube.com/maxwellproductsinc 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 Provide fees for this project below: Material Bid Price Per Item# Quantity Unit Contract Price Plant Location Descfjption Unit Hot Poured Joint/Crack 702.04 Selant(COOT 49 TON 1,160.00 56,840.00 Salt Lake City, UT Type II or Type IV _. Total 56,840.00 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 B2600004 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 Solicitation#B2600004 Page 10 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: Maxwell Products Inc. Address: 650 S. Delong St. Salt Lake City, UT 84104 Phone 801-972-2090 Email: Nicole@maxwellproducts.com FEIN/Federal Tax ID#: 87-0319315 CONTRACTOR: By: /(cX 02/19/2025 Date of Signature Name: Nicole Maxwell Title: Sales Support Manager Solicitation#B2600004 Page 11 Addendum # 1 Bid Request Number B2600004 Crack Seal Supply 2026 (with options for renewal in 2027/2028) The following shall be incorporated into the contract documents for the above- referenced project: • 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: Maxwell Products Inc. 02/17/2026 Date of Signature Signature: /0.-6( Name: Nicole Maxwell Title: Sales Support Manager Addendum #1 Date: February 17, 2026 CONTRACTOR QUESTIONS AND RESPONSES: Question 1: Does this material and batch number need to be listed on the CDOT Approved Products List (APL)? Answer 1: No. Question 2: Are you stuck on CDOT 702.01, ASTM D6690 Type II or IV specification? Answer 2: Yes. Bids submitted shall meet or exceed a Type II or IV specification. Question 3: Are you going to purchase Type II or Type IV or a mixture of both? Answer 3: Weld County Public Works would prefer that vendors submit a bid for one material type, not a mixture of both. Question 4: Are you going to take it all (material) at once at the beginning of the season or periodically throughout the season. Answer 4: Weld County Public Works would like all the material delivered at once. MAMA PRODUCTS,NC. MAXWELL PRODUCTS SALT LAKE CITY,UT 800.266.2090 ELASTOFLEX 61 DATA SHEET Elastoflex 61 is a hot applied,polymer modified crack and joint sealant for use • ►, • , , with asphalt and concrete pavements.This product applies and sets up best in (-NI 0 �; • 0 up to moderate temperatures,and is highly durable in very cold to hot ��-"-'� • • climates.Elastoflex 61 is self leveling,quick melting and extremely flexible. MY MD COW MOERATT O01 VERYNOt Formulated with a low viscosity for maximum crack penetration,it is ideal for B1 highways,county roads,municipal streets,airports and concrete joints. BEST PERFORMANCE Elastoflex 61 delivers high performance at a moderate cost. FAST SETUP SPECIFICATION TEST METHOD: I1611T: CONE PEW)BATKIM:1TT(25M,1506,5S:ASH D5329 90 01111 MAX SOFTETIN6 POINT:AS 11 D36 116Tl TCI ifl BOND:1/2 N L13Mi).3 CYIZFS,50%EXT,-20T I-29'13:ASTM 05329 PAST RES9E]ICE:1TF I251:I:ASTM 05329 60%M A ASPHALT COM'ATFIITY:1401f 03013,72 HR:ASTM 05329 PASS IEFTS FEOLIREM]ITS OF: AS11106690 TYPE 1 GOMM A5011111901 - AAS1T0 M324 TYPE 1(S1WERST11ES AASHT0 M 1T31 - ASTM 06690 TYPE 2ISUPERSEDES ASTM D3409 - DA9fT011324 TYPE 21SIFERSEDES AMID M301) - ASTM 06690 TYPE 3 APPLICATION INSTRUCTIONS Read and follow application instructions before use.This product must be heated using indirect heating methods,either a double boiler or hot oil circulating kettle.Equipment must have means of maintaining constant agitation to the material. Maximum safe heating temperature:400°F(204°C). Recommended application temperature:380°F(193°C). WARRANTY Maxwell Products,Inc.warrants that our products will be free from defects in material or workmanship and will conform to our published specifications at the time of shipment.Due to the many differing procedures used in preparing and installing materials,and differing surfaces on which our products may be applied,Maxwell Products assumes no liability for the failure of our products due to improper surface preparation,surface composition,installation,equipment failure or operator errors. In the event our products fail to conform to our published specifications at the time of shipment,we will,at our expense and sole option,replace our defective product or give you a full or partial refund of the purchase price from Maxwell Products. Claims must be made within three(3)months of the date of purchase.MAXWELL PRODUCTS HEREBY DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Generated February 20,2026. Please visit http://maxwellproducts.com for the current version of this document. � DATE(MMIDD/YYYY) A CC CERTIFICATE OF LIABILITY INSURANCE 2/25/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Lon Watson,AU,CISR HUB International Insurance Services Inc. PHONE '�c 801-288-1600 FA/ ,No):801-288 1944 1100 E 6600 S, Ste 400 (AIC.No,Extl Salt Lake City UT 84121 ADDRESS: Iwatson@dalebarton.com INSURER(S)AFFORDING COVERAGE NAIC t INSURER A:Navigators Specialty Insurance Company 36056 INSURED MAXWPRO-01 INSURERS:Continental Western Insurance Company 10804 Maxwell Products,Inc. INSURER C:WCF National Insurance Company 40517 Maxwell Equipment Company Inc. 650 S Delong St INSURER D: Salt Lake City UT 84104 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:665388269 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!NM W /Y UNITS LTR !NM POLICY NUMBER (MMIDD/YYYY) (MMIDDYYY) A X COMMERCIAL GENERAL LIABILITY Y Y CH25NP3ZOEN1LIC 8/1/2025 8/1/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $25,000 PERSONAL ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRQ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: POLLUTION $1,000,000 B AUTOMOBILE LIABILITY Y Y CAA6056439 8/1/2025 8/1/2026 COMaBINaccident)ED SINGLE LIMIT $1,000,000 (E 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) A UMBRELLA UAB X OCCUR CH25NP3ZOEN1LIC 8/1/2025 8/1/2026 EACH OCCURRENCE .$2,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ ,$ C WORKERS COMPENSATION Y 3378159 8/1/2025 8/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE, $1,000,000 Eyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached E more space Is required) 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 per written contract and attached forms. Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County AUTHORIZED REPRESENTATIVE 1.� , ,it .a ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ti • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Waiver Type Blanket A blanket waiver of subrogation is granted for all projects and contracts for the below named insured and its subsidiaries for all jobs requiring such a waiver in writing in all states excluding Texas listed under section 3A of your information page. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 08/01/2025 Policy No. 3378159 Endorsement No. Insured MAXWELL PRODUCTS INC Premium 650 DELONG STREET SALT LAKE CITY, UT 84104 Insurance Company Advantage Workers Compensation Countersigned by Insurance Company WC 00 03 13 (Ed.4-84) © Copyright 1983-2006 National Council on Compensation Insurance,Inc.All Rights Reserved. COMMERCIAL AUTO CLCA01491222 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED 1. Such person or organization is an additional ORGANIZATIONS "insured" only to the extent such person or The following is added to Paragraph A.1. Who Is organization is liable for "bodily injury" or An Insured of Section II Covered Autos Liabiily "property damage": because of the conduct of Coverage: an "insured" under Paragraphs a. orb. under Paragraph A.1.Who Is An Insured of Section Any organization you newly acquire or form, other II-Covered Autos Liability Coverage, caused than a partnership,joint venture or limited liabiity by an "accident" and resulting from the company or any organization excluded either by ownership, maintenance or use of a covered this Coverage Part or by endorsement, and over "auto"; which you maintain ownership or majority intcrtt 2. The written contract or agreement described of more than 50 percent will qualify as a Named above must have been executed prior to the Insured. However: "accident"that caused the "bodily injury" or 1. This insurance does not apply to any newly "property damage"and be in effect at the time acquired or formed organization that is an of such"accident"; "insured"under any other automobile policy or 3. The insurance afforded to any such additional would be an "insured" under such policy but "insured" does not apply to any "accident" for its termination or the exhaustion of its Limit beyond the period of time required by the of Insurance. written contract or agreement described 2. Coverage does not apply to "bodily injury"or above; "property damage" that occurred before you 4. The most we will pay on behalf of such acquired or formed the organization. additional "insured(s)"is the lesser of: 3. Coverage under this provision is afforded only a. The Limits of Insurance specified in the until the 180th day after you acquire or form the organization or the end of the policy written contract or agreement described period, whichever is earlier. above; or V B. ADDITIONAL INSURED BY CONTRACT OR b. The Limits of Insurance shown in the AGREEMENT Declarations. The following is added to Paragraph A.1., Who Is This provision shall not increase the Limit of Insurance shown in the Declarations in this An Insured of Section II -Covered Autos Liabiity policy or coverage part; and Coverage: When you have agreed in a written contract or 5. The following changes are made to Paragraph 5. Other Insurance of B. General Conditions agreement to include a person or organization as an additional "insured", such person or under Section IV Business Auto Conditions: organization is included as an"insured" subject to a. The following is added to Paragraph 5.a.: the following: If required by the written contract or agreement described above, the CL CA 01 49 12 22 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission insurance afforded to the additional Paragraph A.4.a. Transportation Expenses of insured under this provision will be Section III -Physical Damage Coverage is primary to, and will not seek contribution amended as follows: from, the additional insured's own 1. The Limits of Insurance are increased to$75 insurance. per day to a maximum of$2,500. b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II - Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you underthe Section V-Definitions is amended to add the Transportation Expenses Coverage following: Extension will not also be covered or paid An "insured contract" does not include that under the Rental Reimbursement Coverage part of any contract or agreement: provided by this endorsement or any rental reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the vicarious liability of such person or The following is added to Exclusion B.3.a. of organization for "bodily injury" or "property Section III -Physical Damage Coverage: damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is not named as an "insured" by separate coverage. endorsement to this policy. I. AUTO LOAN/LEASE GAP COVERAGE C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical The following is added to Paragraph A.1. Who Is Damage Coverage, Paragraph C. Limits of An Insured Section II - Covered Autos Liability Insurance. Coverage: 4. In the event of a total "loss" to a covered Any "employee" of yours is an "insured" while "auto", we will pay the lesser of: using a covered "auto" you don't own, hire or a. Any unpaid amount due on the lease or borrow in your business or your personal affairs. loan for a covered "auto", less: D. INCREASED COVERAGE- BAIL BONDS (1) The amount under the Physical The Supplementary Payments Coverage Damage Coverage section of the Extension of Section II - Covered Autos Liability policy; and Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, The Supplementary Payments Coverage abnormal wear and tear or high Extension of Section II - Covered Autos Liability mileage, Coverage is amended as follows: (c) Security deposits not returned by The Limit of Insurance in paragraph A.2.a.(4) is the lessor; increased to$1,000. (d) Costs for extended warranties, F. FELLOW EMPLOYEE COVERAGE Credit Life Insurance, Health, Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; Section II-Covered Autos Liability Coverage does and not apply. This coverage is excess over any other collectable insurance. (e) Carry-over balances from previous loans or leases; or G. COVERAGE EXTENSION-TRANSPORTATION EXPENSES b. $5,000. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 12 22 Office, Inc.,with its permission However, this provision does not apply to the disabled. However, the labor must be performed extent loan/lease gap coverage has been at the place of disablement. provided by separate endorsement to this N. FIRE EXTINGUISHER RECHARGE policy. J. GLASS REPAIR-NO DEDUCTIBLE The following is added to Paragraph A.4. Coverage Extensions of Section IV - Physical The following is added to Paragraph D.Deductible Damage Coverage: of Section III Physical Damage Coverage. When fire extinguishers are kept in your covered Any Comprehensive Coverage deductible shown "auto" and any are discharged in an attempt to in the Declarations does not apply to "loss" to extinguish a fire, we will pay the lesser of the glass breakage when you elect to patch or repair actual cost of recharging or replacing such fire rather than replace the glass. extinguisher(s). This provision does not apply to any covered No deductible applies to this coverage. "auto"provided Physical Damage Coverage under O. HIRED AUTO PHYSICAL DAMAGE CA 04 21 - Full Safety Glass Coverage. COVERAGE K. INCREASED COVERAGE - ELECTRONIC EQUIPMENT The following is added to Paragraph A.4, Coverage Extensions of Section III - Physical The $1,000 limit indicated in Paragraph C.1.b. Damage Coverage: under Section III -Physical Damage Coverage is If hired "autos" are covered "autos" for Covered increased to$2,500. Autos Liability Coverage and if Physical Damage L. EXTENDED COVERAGE - PERSONAL Coverage is provided for any "auto"you own,then PROPERTY the Physical Damage coverages provided are The following is added to Paragraph A.4 extended to"autos"you lease, rent,hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject to the following: Physical Damage Coverage on a covered "auto" 1. The most we will pay in any one "loss" is the may be extended to "loss" to your persona lesser of property or, if you are an individual, the personal property of a family member, that is in the covered a. The actual cash value of the"auto"; "auto" at the time of "loss" and caused by an b. The cost to repair or replace the"auto";or "accident" and resulting from the ownership, maintenance or use of a covered "auto". c. $100,000. The insurance provided by this coverage 2. Paragraph 1. above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for any one"loss" the highest deductible shown for any owned under this coverage extension is$500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto"of the same classification, the highest property. deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for "loss"of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section ofthe Declarations page for any of the Physical Damage coverages, then the If a private passenger type "auto" or light truck Hired Auto Physical Damage coverage "auto" (0-10,000 Lbs. GVW) is provided both described in this endorsement does not Comprehensive and Collision Coverage, we will apply. pay up to$150 for towing and labor costs incurred b. Other than indicated in Paragraphs a. each time such "auto"is disabled. If a medium, directly above, coverage provided under heavy or extra-heavy truck or extra-heavy Truck- this provision will be excess over any tractor"auto" (greater than 10,000 Lbs. GVVV)is other collectible insurance or coverage. provided both Comprehensive and Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is CL CA 01 49 12 22 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc.,with its permission 4. In addition to the limit set forth in Paragraph 1. However, this provision does not apply to the above we will pay up to $500 per day, to a extent that rental reimbursement is provided maximum of$3,500 per"loss"for: by separate endorsement to this policy. a. Any costs or fees associated with the Q. DRIVE OTHER CAR COVERAGE "loss"to a hired"auto"; and 1. The following is added to Section II -Covered b. Loss of use of the hired"auto", provided it Autos Liability Coverage: is the consequence of an "accident"for a. Any "auto"you don't own, hire or borrow which you are legally liable, and as a result of which a monetary loss is is a covered "auto"for Liability Coverage sustained by the leasing or rental while being used by: concern. (1) You, if you are designated in the However, Paragraph A.4.b. Loss of Use Declarations as an individual; Expenses under Section III - Physical Damage (2) Your partners or members, if you are Coverage of the Business Auto Coverage Form designated in the Declarations as a does not apply. partnership or joint venture; P. RENTAL REIMBURSEMENT COVERAGE (3) Your members or managers, if you We will pay for rental reimbursement expenses are designated in the Declarations as incurred by you for the rental of an"auto"because a limited liability company; of"loss"to a covered"auto". (4) Your executive officers if you are 1. Payment applies in addition to the otherwise designated in the Declarations as an applicable amount ofeach coverage you have organization other than an individual, on the covered "auto". partnership, joint venture or limited liability company;and 2. No deductible applies to this coverage. (5) The spouse of any person named in 3. We will pay only for those expenses incurred Paragraphs Q.1.a.(1). through during the policy period beginning 24 hours Q.1.a.(4)while a resident of the same after the "loss" and ending, regardless of the household; expiration date of the policy,with the lesser of the following number of days: Except: a. The number of days when the covered (a) Any "auto" owned by that "auto" has been repaired or replaced, or individual or by any memberof his or her household. b. 45 days. (b) Any "auto" used by that individual 4. Our payment is limited to the lesser of the or his or her spouse whileworking following amounts: in a business of selling, servicing, a. Necessary and actual expenses incurred; repairing or parking"autos". or 2. Changes In Auto Medical Payments And b. Not more than $75 for any one day; Uninsured And Underinsured Motorists Coverages 5. We will pay up to an additional $300 for the The following is added to Who Is An Insured: reasonable and necessary expenses you incur to remove your materials and equipment Any individual named in 1.a above and his or from the covered "auto" and replace such her "family members" are "insured" while materials and equipment on the rental "auto". "occupying"or while a pedestrian when being 6. This coverage does not apply while there are struck by any "auto"you don't own except: spare or reserve "autos"available to you for Any"auto"owned by that individual or by any your operations. "family member". 7. If"loss"resultsfrom the total theft of a covered 3. Changes In Physical Damage Coverage "auto" of the"private passenger type",we will Any private passenger type "auto" you don't pay under this coverage only that amount of own, hire or borrow is a covered "auto"while your rental reimbursement expenses which is in the care,custody or control of any individual not already provided for under the Physical named in Q.1.a. above or his or her spouse Damage Coverage Extension of the Business while a resident of the same house hold Auto Coverage Form or any endorsements thereto. except: a. Any "auto"owned by that individual or by any memberof his or her household; or Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 4912 22 Office, Inc.,with its permission b. Any"auto"used by that individual or his or T. UNINTENTIONAL OMISSIONS her spouse while working in a business of The following is added Paragraph B.2. of Section selling, servicing, repairing or parking IV-Business Auto Conditions: "autos". 4. The most we will pay for the total of all If you fail to disclose any hazards existing at the damages under Covered Autos Liability inception date of this policy, such failure will not Uninsured Motorists Coverage and prejudice the coverage provided to you. However, Underinsured Motorists Coverage is the Limit this provision does not affect our right to collect Of Insurance shown in the Declarations as additional premium or exercise our right of applicable to owned"autos". cancellation or nonrenewal. 5. Our obligation to pay for, repair, return or U. LIBERALIZATION replace damaged or stolen property under If we revise this endorsement to provide greater Physical Damage Coverage, will be reduced coverage without additional premium charge, we by a deductible equal to the amount of the will automatically provide the additional coverage highest deductible shown for any owned to all endorsement holders as of the day the private passenger type "auto" applicable to revision is effective in your state. that coverage. If there are no owned private passenger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductible will apply to"loss"caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provision: "Family member" means a person related to the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim,"suit"or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim, "suit" or"loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV-Business Auto Conditions: The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you have agreed under written contract or agreement to waive subrogation with respect to the coverage provided under this Coverage Form but only to the extent that subrogation is waived prior to the "accident"or"loss". CL CA 01 49 12 22 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission Policy#CH24NP3ZOEN1LIC If other valid and collectible insurance is available to the insured for any loss, data re-creation costs, data restoration costs, system restoration costs, business income loss, public relations expense, product recall expenses, network security liability settlement costs, damages, crisis management fees, or other injury or damage we cover under this policy, our obligations are limited as follows: a. Primary Insurance V This insurance is primary except with respect to the circumstances when paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all other primary insurance by the method described in paragraph c. below. However, regardless of whether paragraph b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization. b. Excess Insurance (1) This insurance is excess over: (a) any of the other insurance,whether primary, excess, contingent or on any other basis: (i) that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work; (ii) that is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) that is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) any insurance available to the insured for damages or loss arising out of the maintenance or use of aircraft, drone, auto or watercraft, but only to the extent such damages or loss are covered by, and not subject to any exclusion in, any coverage part in Coverage 1. General Liability, Coverage 2. Pollution Liability, or Coverage 3. Cyber & Data Compromise Liability. (b) any other primary insurance available to you covering liability for loss, damages, or crisis management fees arising out of the premises or operations, products and completed operations, your work, transportation activities, waste disposal facility, non-owned location, unscheduled site, or scheduled sites for which you have been added as an additional insured. (2) With respect to all coverages and coverage parts in this policy, this insurance will apply only in excess of and will not contribute with any insurance: (a) available to the insured and issued, or applicable to, any territory outside the United States of America including its territories and possessions, Puerto Rico, the U.S. Virgin Islands, and Canada; or (b) required by law, regulation or other governmental authority in any country or jurisdiction outside the United States of America including its territories and possessions, Puerto Rico, the U.S. Virgin Islands, and Canada. NAV NP3 + Cyber(07/16) 52 (3) When this insurance is excess, we will have no duty to defend the insured against any claim, suit, data compromise suit or network security liability suit if any other insurer has a duty to defend the insured against that claim, suit or network security liability suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (4) When this insurance is excess, this policy shall in no way be increased or expanded as a result of a receivership of, insolvency of, or the inability to pay by, any other insurer with respect to both the duty to indemnify and the duty to defend. This also applies to the insured while acting as a self-insured for any coverage. (5) When this insurance is excess, we will pay only our share of the amount of the loss, damages, or crisis management fees, if any, that exceeds the sum of: (a) the total amount that all such other insurance would pay for the loss, damages, or crisis management fees in the absence of this insurance; and (b) the total of all deductible and self-insured amounts under all that other insurance. (6) We will share the remaining loss, damages, or crisis management fees, if any, with any other insurance that is not described in this excess insurance provision and was not bought specifically to apply in excess of the Limits of Liability shown in the Declarations of this policy. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Notwithstanding the foregoing, we will not seek contribution from other insurance available to an Vadditional insured listed within or endorsed to this policy, but only if you have agreed in a written contract to provide such additional insured with primary and non-contributing insurance, and such contract is executed and effective prior to any claim, occurrence, loss, event or other injury or damage, to which this policy applies. 22. Premium The premium shown in Item 6. of the Declarations is the premium for the coverage we provide for the policy period. The first named insured is responsible for the payment of all premiums under this policy. If this policy is cancelled prior to its expiration date, return premium will be calculated as follows: a. if cancelled by us: [{(Premium)—(Minimum Earned Premium in Item 6. of the Declarations)}x(Pro Rata factor)] b. if cancelled by you: [{(Premium)—(Minimum Earned Premium in Item 6. of the Declarations)}x{(Pro Rata factor)x(.90)}]. 23. Pre-Notification Consultation NAV NP3 + Cyber(07/16) 53 a. the effectiveness of such services depends on your cooperation and assistance; b. all services may not be available or applicable to all individuals. For example, affected individuals who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions; c. we do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events; d. you will have a direct relationship with the professional service firms or providers paid for in whole or in part under Coverage 3. Cyber & Data Compromise Liability. Those professional service firms or providers work for you. 31. Sole Agent The first named insured listed in Item 1. of the Declarations shall act on behalf of all other insureds, if any, for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or nonrenewal, and the exercise of any rights included in any Coverage Parts in this Policy. 32. Voluntary Payments Other than first aid or emergency cleanup costs, no insured shall, except at its own cost: a. voluntarily make a payment, assume any obligation, or incur any expense for damages, loss, product recall expenses, data re-creation costs, data restoration costs, or crisis management fees, including, but not limited to, incurring any cleanup costs other than emergency cleanup costs; or b. admit liability, offer to settle, or agree to any settlement in connection with any claim, suit, data compromise suit or network security liability suit without our prior written consent. When our written consent to a settlement is requested, you must promptly provide us with all information and particulars we may reasonably request, including, but not limited to, information which an insured may deem immaterial, in order to reach an informed decision as to such consent. Any damages, loss, product recall expenses, data re-creation costs, data restoration costs, or crisis management fees, or other costs, charges or expenses resulting from any admission of liability or agreement to settle, including any claim expenses and network security liability defense costs, incurred prior to our consent shall not be covered hereunder; or c. with respect to any cleanup costs to which this insurance applies, the insured must: (1) submit, for our approval, all proposed work plans prior to submittal to any regulatory agency; (2) submit, for our approval, all bids and contracts for cleanup costs prior to execution or issuance; and (3) forward progress reports regarding cleanup costs to us at reasonable intervals and prior to any submittal to any regulatory agency that is authorized to review and approve such submittals. / 33. Subrogation V In the event of any payment under this insurance by us, we shall be subrogated to all the insured's rights of recovery against any person or organization. You agree to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. No insured shall do anything after the payment of loss, network security liability defense costs, network security liability settlement costs, damages, or crisis management fees by us to prejudice such rights. After the deduction of any expenses incurred by us in making a subrogation recovery, any remaining monies shall first accrue to you to the extent of any payment in excess of the limits of liability, then to us to the extent of our payment under the policy, then to you to the extent of your payment of the deductible. NAV NP3 + Cyber(07/16) 56 We will waive any right of recovery we may have against any person or organization because of payments we make for any loss, damages, or crisis management fees arising out of your operations done under a written contract or agreement with that person or organization and included in your work or the products-completed operations hazard. This blanket waiver of subrogation applies only to persons or organizations with which you have a written contract, executed prior to the bodily injury, property damage, or environmental damage that requires the insured to waive its rights of recovery. 34. Transfer of Defense Duties If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of damages, loss, network security liability defense costs, network security liability settlement costs, crisis management fees, or any other costs, charges or expenses, we will so notify the first named insured in writing as soon as practicable. In the event that there are ongoing legal proceedings with respect to any claim, suit, data compromise suit, or network security liability suit against an insured, and any applicable limit of liability of this policy has been exhausted, we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claim(s), suits, data compromise suits, or network security liability suits, or any new claims, suits, or data compromise suits, or network security liability suits against an insured. Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims, suits, data compromise suits, or network security liability suits to any appropriate insured. The exhaustion of any applicable limit of liability will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim, suit, data compromise suit, or network security liability suit or pay any damages, loss, network security liability settlement costs, network security liability defense costs, claim expenses, product recall expenses, data re-creation costs, data restoration costs, crisis management fees, or any other costs, charges or expenses, after any applicable limit of liability of this policy is exhausted. SECTION V. POLICY DEFINITIONS 1. Administration means: a. providing information to employees, including their dependents and beneficiaries, with respect to eligibility for or scope of employee benefit programs; b. handling records in connection with the employee benefit program; or c. effecting, continuing or terminating any employee's participation in any benefit included in the employee benefit program. However, administration does not include handling payroll deductions. 2. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. notices that are published include material placed on the Internet or on similar electronic means of communication; and b. regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 3. Affected individual means any person who is your current, former or prospective customer, client, member, owner, director or employee and whose personally identifying information or personally sensitive information is lost, stolen, accidentally released or accidentally published by a personal data compromise. This definition is subject to the following provisions: NAV NP3 + Cyber(07/16) 57 NOTICE OF AWARD Crack Seal Supply 2026 To: Maxwell Products, Inc. 650 S. Delong St. Salt Lake City, UT 84104 Project Description: B2600004, Crack Seal Supply 2026 The contract, Crack Seal 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 $ 74,240.00 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 5 day of March , 2026 Weld County, Colorado, Owner By: . \J Joshua J. Holbrook Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this 5th day of March , 20 26 By: Nicole Maxwell Title: Sales Support Manager Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job MAXWELL PRODUCTS INC SUP-51874 aid linked here to add a ❑supplier in Workday. Contract Name* Contract ID Parent Contract ID CRACK SEAL SUPPLY 2026 10492 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW JHOLBROOK Department Project# Contract Lead Email Jholbrook@weld.gov Contract Description* SUPPLY AND DELIVER CRACK SEAL MATERIAL TO WELD COUNTY PUBLIC WORKS FOR THE 2026 CONSTRUCTION SEASON. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT PUBLIC WORKS Date* 03/19/2026 03/23/2026 Amount* Department Email $74,240.00 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 B2600004 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* 01 /04/2027 03/22/2027 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 03/17/2026 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/17/2026 03/17/2026 03/17/2026 Final Approval BOCC Approved Doc ID# AG 032326 BOCC Signed Date Originator BOCC Agenda Date JHOLBROOK 03/23/2026 lssx „ Public Works Department , , ti?, (970) 400-3750 'r 1; 1 1 1 1 H St., P.O. Box 758 c o,uN r y Greeley, CO 80632 February 26, 2026 To: Board of County Commissioners Subject: Bid Recommendation for the 2026 Crack Seal Supply, B2600004 As advertised, this solicitation is for the 2026 Crack Seal Supply Bid. The Public Works Department received two bids for the crack seal supply. Public Works is recommending award to the lowest qualified bidder, Maxwell Products, Inc., who bid $1,160.00 per ton, for an amount not to exceed $74,240.00. If you have any questions, please contact me. Sincerely, Curtis Hall Director 2026-0438 3/Z E6,U()8(4 Weld County Finance Department Purchasing Division rg;: (c� V c o u N T ' 1301 bidsweld.gov North 17th Avenue ,_ Greeley, Colorado 80631 Bid Opening Tabulation Title: 2026 Crack Seal Supply Bid Number: B2600004 Department: Public Works Bid Opening Date: February 20, 2026 Approval Date: March 2, 2026 Vendor(s) Name Quantity Total Plant 49 Tons Location Maxwell Products Inc Salt Lake 650 S. Delong St $1 160.00 $56,840.00 City UT Salt Lake City UT 84104 Denver Industrial Sales & Cheyenne Service Co $1,170.00 $57,330.00 WY-Local 850 S. Lipan St stock: Denver CO 80223 1 Denver CO The Facilities Department is reviewing the proposals. Hello