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Home My WebLink About20220880.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2024 Crushing / Mining / Stockpiling Contract Renewal DEPARTMENT: Public Works DATE: 2/5/2024 PERSON REQUESTING: Nate Gibson, Trucking and Mining Supervisor Brief description of the problem/Issue: Weld County's current Crushing / Mining / Stockpiling Bid Renewal was awarded March 8, 2023. The Board has the option of renewing the agreement from February 20, 2024 to December 31, 2024 as allowed in the contract, Overlook Mine LLC has the contract for Weld County. This will be the second extension/renewal on a three-year contract with two renewal options, document No. 2022-0880. The contract allows for a yearly bid adjustment based on the current CPI, which is a 4.5% increase from 2023 to 2024. Overlook Mine LLC requests are within the amount allowed for the yearly bid adjustment per the contract. Overlook Mine LLC. will supply the crushing needs for Weld County at the rates shown on the 2024 bid schedule not to exceed the approved 2024 budgeted amount of $1,260,000.00. Weld County Public Works Department has been satisfied with Overlook Mine LLC. What options exist for the Board? Consequences: Approval of the renewal allows the mining division to provide gravel resources to fulfill the 2024 gravel plan, denial of this renewal will negatively impact the gravel plan affecting the traveling public. Impacts: If the board denies the renewal Public Works will need to re -bid the contract which could negatively impact gravel road maintenance this year and in future years. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The budgeted amount for 2024 contract year is $1,260,000. Recommendation: Staff recommends the contract renewal to be placed on the BOCC agenda. Support Recommendation Schedule Place on BOCC Mends Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Seine Con5cen-F P9a160- 2/W/2SF e•P 0,2//WA zo71-053) �C-100O CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND Overlook Mine, LLC This Agreement Extension/Renewal ("Renewal"), made and entered into ) `4 day of�02 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of lic Works, hereinafter referred to as the "Department", and Overlook Mine LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 2022-0880, Contract ID No. 5732, approved on April 18th, 2022. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement was extended for the first one-year period on April 19, 2023 under Contract ID 6731 and will end on April 18, 2024 ("First Renewal"). The parties agree to extend the Original Agreement for a second one (1) -year period, which will begin February 26, 2024, and will end on February 25, 2025 ("Second Renewal"). The Second Renewal, together with the Original Agreement and First Renewal, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit A has been updated to reflect the 2024 bid schedule. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from February 26, 2024 to February 25, 2025 is $1,256,189.54. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Overlook Mine LLC Terra Steen Printed Name ignature BOARD OF COUNTY COMMISSIONERS WE OUNTY, C • LOrRADO Perry L. B k, Chair Pro-Tem q a L ATTEST: �'r'' � '4 Weld C• nt erk to the Bear 0.2v0?a -08 O Bid Schedule for Material Crushing Contract ITEM # ITEM PIT LOCATION QUANTITY* UNIT UNIT PRICE CONTRACT PRICE 203-01580 Trucking Materials to designated locations All Pits 5300 HR $133.09 $705,377.00 207-00210 Removal of Topsoil & Overburden All Pits 1 CY $2.27 $2.27 304-09002 Surface Gravel Crushing Koskie Pit 1 TON $4.60 $4.60 304-09002 Surface Gravel Crushing Hokestra Pit 100,000 TON $4.60 $460,000.00 304-09200 Stockpiling Pit Run Material TBD Pit 1 CY $2.47 $2.47 626-00000 Mobilization (Crushing) Koskie Pit 1 LS $12,611.56 $12,611.56 626-00000 Mobilization (Crushing) Hokestra Pit 1 LS $12,611.56 $12,611.56 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Hokestra 1 LS $16,395.02 $16,395.02 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Peters 1 LS $16,395.02 $16,395.02 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) North Pierce 1 LS $16,395.02 $16,395.02 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Koskie 1 LS $16,395.02 $16,395.02 Total $1,256,189.54 *Quantities are for information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. Prices will include all labor and equipment costs necessary to crush, stockpile and haul. The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment) Contract Form Entity Information Entity Name* OVERLOOK MINE LLC Contract Name 2024 CRUSHING RENEWAL Contract Status CTB REVIEW Entity ID* @00045338 Contract ID 7827 Contract Lead * NGIBSON Q New Entity? Parent Contract ID 5732 Requires Board Approval YES Contract Lead Email Department Project # ngibson@weldgov.com Contract Description* 2ND RENEWAL FOR OVERLOOK MINE OF CRUSHING CONTRACT ORIGINALLY BID IN 2022 Contract Description 2 Contract Type* RENEWAL Amount* $1,256,189.54 Renewable" YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2200051 GENERAL COUNTY ATTORNEY EMAIL Requested BOCC Agenda Due Date Date* 02/17/2024 02/21/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL EY@W EL DGOV.COM If this is a renewal enter previous Contract ID 5732 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 Termination Notice Period Contact Information Contact Info Review Date * 12/16/2024 Renewal Date* 01/06/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/12/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 02/12/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/14/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/12/2024 02/12/2024 Tyler Ref # AG 021424 Originator NGIBSON 21cn-h'ad- I* 1131. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of Crushing/Mining/Stockpiling Contract DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 1/16/2023 PERSON REQUESTING: NATE GIBSON, TRUCKING & MINING SUPERVISOR Brief description of the problem/issue: In 2022 Weld County entered a one (1) year agreement (Original Contract) with Overlook Mine LLC to provide contract mining, crushing, and stockpiling services for the Operations Mining Division to support road maintenance and road construction. The Original Contract indicates that at the option of Weld County, it may be extended for up to two (2) additional years. Overlook Mine LLC has provided timely services for Public Works projects under the Contract. The approved budget for 2023 includes $1,260,000.00 for contracted mining services. The contract renewal is for an amount not to exceed $1,260,000.00. Overlook Mine LLC has provided their 2023 bid schedule. The rate sheets were reviewed and an increase of 6.9% from the 2022 bid schedule was submitted. The 6.9% increase is within the Denver — Aurora — Lakewood Consumer Price Index specified in the original contract. Public Works staff recommends renewal of the Original Contract. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): • Approve the renewal of the Original Contract and allow it to be placed on the next available consent agenda • Deny the renewal of the Original Contract and have staff rebid this work. Recommendation: Staff recommends approving renewal of the Original Contract and place it on the next available consent agenda for approval. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman , Chair Scott K. James Kevin Ross Lori Saine e6:10 Cone-irl�2J'� �G-0\- �a)) 2022-08 0 03/0/23 3/qa3 £C-, 0030 Karla Ford From: Sent: To: Cc: Subject: Approve Scott James Tuesday, January 17, 2023 2:48 PM Karla Ford Lori Saine Re: Please Reply - Pass -Around Renewal of Crushing/Mining/Stockpiling Contract Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Jan 17, 2023, at 1:26 PM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you! Karla Ford X Office Manager, Board of Wend County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@wekigov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image003.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings ore intended only for the person or e'tity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Houston Aragon <haragon@weldgov.com> Sent: Tuesday, January 17, 2023 1:18 PM To: Karla Ford <kford@weldgov.com>; Samantha Brown <slbrown@weldgov.com> Cc: CTB <CTB@co.weld.co.us>; Nate Gibson <ngibson@weldgov.com> Subject: FW: Pass -Around Renewal of Crushing/Mining/Stockpiling Contract Good afternoon Samantha, 1 Karla Ford From: Sent: To: Subject: Approve Mike Freeman Tuesday, January 17, 2023 3:07 PM Karla Ford RE: Please Reply - Pass -Around Renewal of Crushing/Mining/Stockpiling Contract From: Karla Ford <kford@weldgov.com> Sent: Tuesday, January 17, 2023 2:45 PM To: Mike Freeman <mfreeman@weldgov.com> Subject: Please Reply - Pass -Around Renewal of Crushing/Mining/Stockpiling Contract Importance: High Please advise if you approve recommendation. Thank you. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other thon the named recipient is strictly prohibited. From: Houstan Aragon <haragon@weldgov.com> Sent: Tuesday, January 17, 2023 1:18 PM To: Karla Ford <kford@weldgov.com>; Samantha Brown <slbrown@weld4ov.corn> Cc: CTB <CTB@co.weld.co.us>; Nate Gibson <ngibson@weldgov.com> Subject: FW: Pass -Around Renewal of Crushing/Mining/Stockpiling Contract Good afternoon Samantha, I am forwarding your request to Karla, for her to manage this Pass -Around. Thanks, Houstan Aragon Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 0 Street Greeley, CO 80631 Tel: (970) 400-4224 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND Overlook Mine, LLC This Agreement Extension/Renewal ("Renewal"), made and entered into t '1day of naVdd2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Overlook Mine LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as Document No. 2022-0880, Contract ID No. 5732, approved on April 18th, 2022. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement for the first of two possible renewals of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: The Original Agreement will end on April 18, 2023. The parties agree to extend the Original Agreement for a one (1) -year period, which will begin A rim 119, 2023 and will end on April 18, 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Exhibit A has been updated to reflect the 2023 bid schedule. 2. There are no changes being made to the Contract Documents. 3. The total anticipated cost for the period from April 19, 2023 to April 18, 2024 is $967,024.92. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Overlook Mine LLC Terra Steen 2.11.2023 Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freern yCJA4) BY: Deputy Clerk to Xito;e1kAR 0 8 2023 ATTES 02,02,2 , 0g Bid Schedule for Material Crushing Contract ITEM # ITEM PIT LOCATION QUANTITY* UNIT UNIT PRICE CONTRACT PRICE 203-01580 Trucking Materials to designated locations All Pits TBD HR $127.36 $127.36 207-00210 Removal of Topsoil & Overburden All Pits TBD CY $2.17 $2.17 304-09002 Surface Gravel Crushing Koskie Pit 100,000 TON $4.40 $440,000.00 304-09002 Surface Gravel Crushing C Hokestra Pit 100,000 TON $4.40 $aao,000.00 304-09200 Stockpiling Pit Run Material TBD Pit TBD CY $2.36 $2.36 626-00000 Mobilization (Crushing) Koskie Pit 1 LS $12,068.48 $12,068.48 626-00000 Mobilization (Crushing) Hokestra Pit 1 LS $12,068.48 $12,068.48 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Hokestra 1 LS $15,689.02 $15,689.02 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Peters 1 LS $15,689.02 $15,689.02 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) North Pierce 1 LS $15,689.02 $15,689.02 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Koskie 1 LS $15,689.02 $15,689.02 Total $967,024.92 *Quantities are for information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. Prices will include all labor and equipment costs necessary to crush, stockpile and haul. The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment) BID REQUEST #2200051 Page 17 Bond No. NCO 4263 PERFORMANCE BOND PROJECT: 2023 Material Crushing Contract KNOW ALL MEN BY THE PRESENTS; that OVERLOOK MINE, LLC (Name of Contractor) 9358 Hilltop Road, Parker, Colorado 80138 (Address of Contractor) called Contractor, and a (MirporattectifigedostaloiwoutadiktbRA Limited Liability Company) MERCHANTS NATIONAL BONDING, INC. , hereinafter (Name of Surety) 6700 Westown Parkway, P. O. Box 14498, Des Moines, Iowa 50306-3498 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of NINE HUNDRED SIXTY SEVEN TH0USAND* Dollars, ($ 967,024.92 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 11th day of February , 2023, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: 2023 Material Crushing Contract Bid No. B220051 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *TWENTY FOUR AND 92/100 BID REQUEST #2200051 Page 40 PERFORMANCE BOND PROJECT: 2023 Material Crushing Contract IN WITNESS WHEREOF, this in trument is executed in two (; counterparts, each one of which shall be deemed an original, this day of Fe -AO , 2023. OVERLOOK MINE, LLC Contra Not Applicable By (Contractor) Secretary (SEAL) By v' ha2, ess as to Contractor) 24 thith j 12.oad (Address) co %o129 ATTEST: Not Applicable (Surety) Secretary (SEAL) 9358 Hilltop Road (Address) Parker, Colorado 80138 MERCHANTS NATIONAL BONDING, INC. so By,b4.i ess as to Surety Cynthia M. Burnett uglas J. Rothey 7800 South Slat Street, Suite 100 (Address) Littleton, Colorado 80120 7800 South Elati Street, Suite 100 (Address) Littleton, Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID REQUEST #2200051 Page 41 Bood No. NCO 4263 LABOR & MATERIALS PAYMENT BOND PROJECT: 2023 Material Crushing Contract KNOW ALL MEN BY THE PRESENTS; that OVERLOOK MINE, LLC (Name of Contractor) 9358 Hilltop Road, Parker, Colorado 80138 (Address of Contractor) hereinafter called Contractor, and a Limited Liability Company) MERCHANTS NATIONAL BONDING, INC. (Name of Surety) 6700 Westown Parkway, P. O. Box 14498, Des Moines, Iowa 50306-3498 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758. 1111 H Street. Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of NINE HUNDRED SIXTY SEVEN THOUSAND TWENTY FOUR AND 92/100---- -----___—__—_____ Dollars ($ 967,024.92 ), i lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 11th day of February , 2023, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: 2023 Material Crushing Contract described in the Invitation for Bids, Bid No. 62200051 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID REQUEST #2200051 Page 42 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this Not Applicable q (Contractor) Secretary (SEAL) By (Witness = s o Contractor) 6rYil WOW 1Q.,CaLd (Address) anist.t.r CO X0134 ATTEST: Not Applicable (Surety) Secretary (SEAL) By ' 1G; Witne�to Surety Cynthia M. Burnett 7800 South Elati Street, Suite 100 (Address) day of PEAL) OVERLOOK MINE, LL Cpr4tra By, 9358 Hilltop Road (Address) Parker, Colorado 80138 Littleton, Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. MERCHANTS NATIONAL B•NDl G, INC. By _ , 2023. Borne -i Fact ouglas J. Rothey 7800 South Elati Street, Suite 100 (Address) Littleton, Colorado 80120 IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID REQUEST #2200051 Page 43 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cynthia M Burnett; Douglas J Rothey; Erik Ulibarri; Wesley J Butorac; Zach Rothey their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laos adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 9th day of April , 2020 •••... %O N ''•.. . • • o�u� c0 •• aEj S. ? . • 2003 STATE OF IOWA COUNTY OF DALLAS ss. On this 9th day of April 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. President pAbavv...s;-- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of • a�liG Gi POA 0018 (1/20) Secretary AC RO O® CERTIFICATE OF LIABILITY INSURANCE DATE") 2/28/2023 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 Innovise Business Consultants 9780 S Meridian Blvd Suite 400 Englewood CO 80112 CONTACT Debbie Rampy PONE FAx IA/c. No. Ext): 303-995-2346 I {A/c, No): noaaEss: cedfficate@trustinnovise.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Liberty Mutual Fire Insurance Company 19544 INSURED PREMEAR-02 Overlook Mine LLC 9358 Hiltop Rd. Parker CO 80138 INSURER B : INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 649532882 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 LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MMlDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR TB2-Z91-475105-012 9/8/2022 9/8/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES {Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LI JE Q D LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON -OWNED AUTOS ONLY AS2-Z91-475105-022 9/8/2022 9/8/2023 COMBNdeEDnt) SINGLE LIMIT (Ea acci $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LUU3 EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORI�RSCOMPENSATN AND EMPLOYERS' LIABILITY Y / N ANYPRE=I TOR/PARTNER/EXECUTIVE El OFFICERIMEMBEREXCLUDEDT (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC2-Z91-475105-032 9/8/2022 9/8/2023 X I STATUTE I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Inland Marine YM2-Z91-475105-052 9/8/2022 9/8/2023 Blanket Equip. $5,420,821 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 2023 Weld County Materials Crushing Project Contract #5732 Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its local officials, trustees, employees, agents, and volunteers are named as additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations when required by written contract. Waiver of subrogation applies. This Insurance is Primary and Non-contributory on the General Liability. Coverages and endorsements are subject to the terms and conditions of the policies. 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. County of Weld "O" 1150 Street AUTHORIZED PRESENTATIVE Greeley CO 80631 /,7,r. I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number AS2-Z91-475105-022 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto VIII. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible - Single Deductible XI. Physical Damage Deductible - Glass XII. Physical Damage Deductible - Vehicle Tracking System XIII. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage - Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII. Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 0711 17 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an Insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor Is an "Insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE fora covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC84071117 © 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. In SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or mom covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS am changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 0711 17 ® 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in tines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, retum or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 0711 17 © 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2, The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the retum or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC84071117 © 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non -renew this policy by mailing written notice of cancellation or non -renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non -renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of (1) 60 days; (2) The number of days shown in the Cancellation and Non -renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non -renewal. B. At other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or dedarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not retumed by the lessor, d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 0711 17 © 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident', to waive rights of recovery against such person or organization. AC 84 0711 17 ® 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: AS2-Z91-475105-022 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you agreed in writing as an additional insured, but only for the coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: TB2-Z91-475105-012 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or agreement, prior to an "occurrence" or offense, that such person or organization be added as an additional injury to your policy 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: SCHEDULE 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Location(s) Of Covered Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 1012 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2-Z91-475105-012 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into prior to an "occurrence" or offense. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 3712 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 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. Not applicable in MN, MO and PA Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. The waiver does not apply to any right to recover payments which the Minnesota Workers Compensation Reinsurance Association may have or pursue under M.S. 79.36. Where required by contract or written agreement prior to loss and allowed by law. In the states of FI, HI, NE and OR, the premium charge is 1% of the total manual premium, subject to a minimum premium of $250 per policy. In the states of AZ, CO, IN andNM, the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the state of UT, the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the State of TN, the premium charge is 2% of the total manual premium, subject to a minimum premium of $250 per policy. In the State of Wisconsin, the premium charge is 2% of the total manual premium plus the EL Increased Limits, subject to a minimum premium of $50 per policy. Issued by Liberty Mutual Fire Insurance Company For attachment to Policy No. WC2-Z91-475105-032 Issued to Premier Earthworks & Infrastructure, Inc. WC 00 0313 © 1983 National Council on Compensation Insurance. Ed. 04/01/1984 Page 1 of 1 Policy Number TB2-Z91-475105-012 Issued by Liberty Mutual Fire Insurance Co. Inventory Coverage Forms/Parts, Endorsements, Enclosures COVERAGE FORMS/PARTS, ENDORSEMENTS AND ENCLOSURES FORMING A PART OF THIS POLICY AT INCEPTION: Form Number/Edition Date Title COMMON POLICY FORMS LIL 90 04 06 13 LC 00 04 08 12 LCS 00 01 05 12 LCS 00 02 05 12 LCS 00 0410 14 IC 00 42 07 09 IL 00 17 11 98 IL 02 28 09 07 ANNUAL MEETING NOTICE COMMERCIAL GENERAL LIABILITY DECLARATIONS DECLARATIONS EXTENSION SCHEDULE - CLASSIFICATION DESCRIPTIONS DECLARATIONS EXTENSION SCHEDULE COMMERCIAL GENERAL LIABILITY DECLARATIONS - EXTENSION SCHEDULE - NAMED INSUREDS Inventory Coverage Forms/Parts, Endorsements, Enclosures Common Policy Conditions Colorado Changes - Cancellation and Nonrenewal COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 Deductible CG 03 00 01 96 Composite Rate LC 99 12 08 17 Coverage Endorsement(s) CG 04 35 12 07 CG 04 37 05 14 CG 33 78 05 10 LC 04 43 11 18 LC 20 5811 18 LC 25 13 08 08 LC 25 19 01 15 LC 29 04 08 08 LC 29 06 08 08 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Deductible Liability Insurance COMPOSITE RATE Employee Benefits Liability Coverage ELECTRONIC DATA LIABILITY Colorado Changes - Employee Benefits Liability Coverage COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS Non -Cumulation of Liability (Same Occurrence) DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS - WITH TOTAL AGGREGATE LIMIT FOR ALL PROJECTS AND LOCATIONS Personal and Advertising Injury- Definition of Publication Personal and Advertising Injury- Occurrence Redefined IC 00 42 07 09 © 2008, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 Form Number/Edition Date Title LC 29 08 10 11 LC 99 36 02 13 LIM99010511 Additional Insured(s) CG 20 10 12 19 CG 20 37 12 19 TRIA Exclusion(s) CG 21 73 01 15 CG 26 88 01 15 Other Exclusion(s) CG 21 47 12 07 CG 21 49 09 99 CG 21 54 12 19 CG 21 86 12 04 CG 22 79 04 13 IL 00 21 09 08 LC 21 01 06 05 LC 21 02 06 05 LC 21 04 06 05 LC 21 06 06 07 LC 21 91 09 12 State Mandatory CG 02 38 09 14 IL 01 25 11 13 NOTICE(S) TO POLICYHOLDER Advertisement Redefined PREMIUM RESPONSIBILITY ENDORSEMENT NOTICE OF CANCELLATION TO THIRD PARTIES ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS EXCLUSION OF CERTIFIED ACTS OF TERRORISM ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM Employment -Related Practices Exclusion Total Pollution Exclusion Endorsement EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONTROLLED (WRAP-UP) INSURANCE PROGRAM Exclusion - Exterior Insulation and Finish Systems EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY Nuclear Energy Liability Exclusion Endorsement (Broad Form) Asbestos Exclusion Endorsement Silica Exclusion Endorsement Discrimination Exclusion Lead Exclusion FUNGI OR BACTERIA EXCLUSION (LEGIONELLA BACTERIUM EXCLUDED) COLORADO CHANGES - NOTICE OF CANCELLATION FOR MANUFACTURED HOME INSTALLERS COLORADO CHANGES - CIVIL UNION CNL 90 01 10 13 IMPORTANT NOTICE TO POLICYHOLDERS - PREMIUM DETERMINATION -SUBCONTRACTORS IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS SNI 04 01 12 20 LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE SNI 90 02 01 20 TERRORISM RISK INSURANCE ACT IC 00 42 07 09 O 2008, Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury, "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V — Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 04 43 11 18 © 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Contract Form Co ltract Request Entity Name* OVERLOOK MINE LLC Contract Name* 2023 GRAVEL CRUSHING CONTRACT Contract Status CTB REVIEW Entity ID* O00045.338 Contract ID 6731 Contract Lead* NGIBSON Contract Lead Email ngibsonit weldgov.com New Entity? Parent Contract ID 5732 Requires Board Approval YES Department Project # Contract Description* CONTRACT FOR CRUSHING AND STOCKPILING MATERIAL AT COUNTY OPERATED GRAVEL PITS Contract Description 2 Contract Type* RENEWAL Amount* $1,260,000.00 Renewable* YES - Automatic Renewal If this is a 5732 Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- Oe pt H e a d ewe I d gov. com County Attorney BYRON HOWELL County Attorney Email BHOWELLAWELDGOV. COM s Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 03=/13/202.3 Due Date 0:3109,/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 82200051 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Review Date* 12/29/2023 Renewal Date* 03/12/2024 Committed Delivery Date Expiration Date Conta tion Infr Contact Name in Pr chasing Approver CHRISTIE PETERS Appr l� Pr Department Head .CURTIS HALL DH Approved Date 03/02/2023 Final )pr BOCC Approved BOCC Signed Date BOCC Agenda Date 03/08/2023 Originator NGIBSON Contact Type Contact Email Finance Approver CHERYL PATTELLI Contact Phone 1 Purchasing Approved Date 03/06/2023 Finance Approved Date 03/06/2023 Tyler Ref # AG 030823 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 03/06?2023 Con -Iva C4 -I W513Z WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & Overlook Mine LLC 2022 Material Crushing Contract THIS AGREEMENT is made and entered into this lay of , 2022, by and between the County of Weld, a body corporate and politic of the State of Colorad , by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Overlook Mine LLC , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is 9358 Hilltop RD, Parker CO 80138 , hereinafter referred to as "Contractor". WHEREAS, Weld County Public Works is in need of a material crushing contract, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or revegetation of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Corfractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2200051. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or cohsen+ r�ehdk_ 04/18122 41/ ijdoz ZOZZ-Onb 6606% to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver - Boulder -Greeley Consumer Price Index and the market price for straw. 3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. 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 drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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. 4. Extension or Modification. 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. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. BID REQUEST #2200051 Page 30 5. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $ 905,407.78 , which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 material/service/equipment 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) 6. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. 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 this Project 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 BID REQUEST #2200051 Page 31 assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services 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. 8. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 10. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 11. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist 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 construction 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. 12. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or BID REQUEST #2200051 Page 32 services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not BID REQUEST #2200051 Page 33 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) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interest's provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and BID REQUEST #2200051 Page 34 property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 13. 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. 14. Examination of Records. To the extent required by law, the Contractor agrees that any 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16.Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. 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 BID REQUEST #2200051 Page 35 c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Overlook Mine LLC Attn.: Ken Evans Address: 9358 Hilltop RD Address: Parker, CO 80138 E-mail: terra@pei-corp.com Phone: (307) 797-8811 Facsimile: Coun : Name: Jeff York Position: Trucking and Mining Supervisor Address: P.O. Box 758 Address: 1111 H St, Greeley, CO 80632 E-mail: ivorkc weldgov.com Phone: 970-400-3722 Facsimile: 970-304-6497 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19.Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20.Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any BID REQUEST #2200051 Page 36 business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26.Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27.Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor BID REQUEST #2200051 Page 37 shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29.Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 30.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. 31. 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. 32.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 A and B, 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. BID REQUEST #2200051 Page 38 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this • day of , 2022. CONTRACTOR: ("1IE12!_C)6'K. mita, LLe.. Company Na By: Name: /t ElJ 'JVI' Title: /442 n✓,O 6'4/Y HI Date 9-- J ?60 WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld C• ty Clerk to the B • and WEL4 COUNTY, COLORADO BY: Deputy K James, Chair APR 1 8 2022 BID REQUEST #2200051 Page 39 ZZDJJ ` b Exhibit A BID Request .,` um 22 O051 2 22 CO ENTS cIFICATI % F R THE TERIAL C HTCT February 22, 2022 for Weld County Public Works Materials Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2021 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Notice to Bidders 3 Invitation for Bids 3 Instructions to Bidders 4-13 Bid Proposal 14-15 *Bid Schedule .16-17 *Acknowledgment of Bid Documents 18 *Bid Bond 19-20 *IRS Form W-9 21 * Anti -Collusion Affidavit 22 *Statement of Qualifications and Subcontractors 23-27 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 28 *Agreement 29-39 *Performance Bond 40-41 *Labor and Materials Payment Bond 42-43 Notice to Proceed 44 Change Order 45 Contract Extension/Renewal 46 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 48 Project Special Provisions 49-70 BID REQUEST #2200051 Page 2 DATE: Fa bruary BID NUM =' ER: #32200051 DESCRIPTION: 2022 Material Crushing Contract DEPARTMENT: Public Wrks MANDATORY PRE-: 1CONFERENCE DATE: ID OPENING DATE REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 22, 2022 Ma-ch 18, 2022 1. NOTICE TO BIDDERS: arch 4, 2022 fAlt nk:}'i treyL. rte rrYw Rl The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: Material Crushing Contract The project in general consists of crushing and blending approximately 200,000 tons of pit run material that has been stockpiled by Weld County into a specified gravel product for use on County roads. Stockpiling material in county operated pits and hauling material between county facilities is also included. A mandatory pre -bid conference will be held at 9:00 a.m., on March 4, 2022, at the Weld County Public Works conference room. The Public Works Building is located at 1111"H" Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:00 AM on March 18, 2022 (Weld County Purchasing Tome Clock). PAGES 1 -13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under "Current Requests". And, on the BidNet Direct website at 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 BID REQUEST #2200051 Page 3 centralized system. Did Delivery to Weld County — 2methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; 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. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. 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. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and BID REQUEST #2200051 Page 4 otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: 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. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Controller/Purchasing Director may at her sole discretion, release any Bid at any time. 3. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld Co u n ty intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance, Bid, and Labor & Materials Payment Bonds and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such BID REQUEST #2200051 Page 5 annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 5. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sane ary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 6. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the BID REQUEST #2200051 Page 6 locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 7. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 8. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is BID REQUEST #2200051 Page 7 advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business BID REQUEST #2200051 Page 8 enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year BID REQUEST #2200051 Page 9 period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. Non -Exclusive Agreement: This Agreement is non-exclusive, and County may engage or use other contractors or persons to perform services of the same or similar nature. S. 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. W. Compensation Amount: Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County BID REQUEST #2200051 Page 10 Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 9. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful BID REQUEST #2200051 Page 11 bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured — owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured — owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned BID REQUEST #2200051 Page 12 vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #2200051 Page 13 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: SPECIFICATIONS AND/OR SCOPE OF WORK: Purpose: Weld County is soliciting bids for surface gravel crushing, stockpiling and transporting material The project, in general, consists of crushing, stockpiling and hauling approximately 200,000 tons of aggregate material for graveling of roads within the central and north areas of Weld County. GENERAL CONDITIONS AND SCOPE: 1. Weld County has stockpiled 100,000 cubic yards of pit run material at the Peters 313 Pit, WCR 136.5, east of WCR 71, approximately % miles on south side of the road and 100,000 cubic yards pit run material at the Hokestra Pit, WCR 24.5 between WCR 9.75 and Frontage Road, on the north side of the road, to be used for this project. 2. The Contractor shall utilize only the stockpiled material at each site. Exception: at the Peters 313 Pit, Contractor may need to mine out of face of pit in order to complete quoted amounts. Weld County Public Works Materials Supervisor or Foreman will direct. 3. The contractor will follow all rules, regulations, and conditions stipulated in the DRMS mining permit, CDPHE stormwater permit, APEN permit, and any other permits covering the site. 4. Project time will be from time contract awarded through December 31, 2022. 5. Removal and stockpiling of topsoil and overburden at designated Weld County pits. 6. Stockpiling pit run material at current or other Weld County pits for future crushing. 7. Hauling and stockpiling materials to various locations throughout Weld County. 8. The successful bidder shall provide a Performance Bond and a Labor and Materials Bond to the County. 9. The successful bidder shall provide a certificate of insurance to the County in which Weld County is named as an insured party. BID REQUEST #2200051 Page 14 10. The Contractor shall produce material (Item 304-09002) that meets the Weld County Surface Gravel Specification. Target Value Ranges for Surface Course Gradation Standard (mm) Mesh (in) Mass Percent Passing the Square Mesh Sieves 150.00 6 100.00 4 75.00 3 63.00 2.5 50.00 2 37.50 1.5 100 25.40 1 90-100 19.00 12.5 0.5 55-80 4.76 No. 4 45-65 2.38 33-53 0.42 No. 40 15-35 0.07 No. 200 4-15 Plastic Index 4-12* *PI specification may be adjusted at Weld County's discretion 11. Payment shall be made according to the unit price listed in the contract. The Contractor's conveyor belt stacker shall be equipped with a certified scale, so an accurate tonnage can be obtained. The County, at its discretion, can survey the stockpile of processed material to determine that the Contractor's scale is accurate. 12. The County, in its sole discretion, may apply a price reduction in the event the surface gravel product does not meet the gradation specification outlined above. The price reduction shall be based on the price reduction formula outlined in Section 105.03 of the Specifications and the multiplier for aggregate base course. 13. The Contractor shall provide the County with a copy of the scale certification prior to any material being produced. If the survey of the stockpile shows a discrepancy in the tonnage shown by the scales, the Contractor shall recertify the stacker scale. 14. The Contractor shall follow all OSHA and MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor: ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) ➢ Air Pollution Permit (for crusher unit) 15. Weld County will select the bidder based on the lowest cost to the County in accordance with the Weld County Code. 16. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2022 and as modified by Weld County, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Work Department. BID REQUEST #2200051 Page 15 17. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. Schedule: Bids due to Purchasing: Bids accepted by BOCC: 10:00 AM March 18, 2022 March 30, 2022 Weld County Contacts: Question related to the project and procedures should be directed to: Jeff York — Mining and Trucking Supervisor Weld County Public Works (970) 400-3722 ayork(a�weldgov.com Curtis Hall Operations Manager Weld County Public Works (970) 400-3721 chall©weldgov.com TERMS AND CONDITIONS: This one-year contract is renewable for up to (2) additional years. Material cost adjustments will be considered at the end of each calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the CPI Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the material crushing contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. Cr?'._ h'a. �'v .:J.'.= ---h r��rrft±:,:t.t <t<a z... ra,� 'aaa5•a�r'.ii .,77.; i -.a 1['- Eve_. BID REQUEST #2200051 Page 16 Bid Schedule for Material Crushing Contract ITEM # ITEM LOCATION PIT QUANTITY* UNIT PRICE UNIT CONTRACT P`r.:;ICE 203-01580 Materials designated locations Trucking to a All Pits HR TBD 207-00210 Removal Overburden Topsoil of & All Pits CY TBD 304-09002 Surface Crushing Gravel Peters Pit 313 100 000 ' TON 304-09002 Surface Crushing Gravel Hokestra Pit 100,000 TON 304-09200 Stockpiling Run Material Pit Pit CY TBD TBD 626-00000 Mobilization (Crushing) Peters 313 Pit 1 LS 626-00000 Mobilization (Crushing) Hokestra Pit 1 LS 626-00000 (Removal Overburden Stockpiling Mobilization Run) of and Pit Hokestra 1 LS 626-00000 Overburden Stockpiling Mobilization (Removal Run) of and Pit m Peters 1 LS 626-00000 Overburden Stockpiling Mobilization (Removal Run) of and Pit North Pierce 1 LS 626-00000 Overburden Stockpiling (Removal Mobilization Run) of and Pit Koskie 1 LS Total *Quantities bidder, necessary separate are actual for to quantities crush, contract information stockpile (a may sample only vary. and and contract are Prices haul. used will is included solely include successful for all as selecting labor vendor a separate and is the equipment required attachment) lowest responsible to sign costs a The BID REQUEST #2200051 Page 17 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. 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 request for proposal for Request No. #B 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98- 03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID REQUEST #2200051 Page 18 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ Receipt of addenda(s), if any, should be signed. ❑ W-9 ❑ Statement of Qualification (must be signed and notarized) ❑ Anti -Collusion Affidavit ❑ Bid Schedule I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. (Contractor) Dated this day of 2022. By: Title: BID REQUEST #2200051 Page 19 BID BOND PROJECT: 2022 Material Crushing Contract KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2022 for the 2022 Material Crushing Contract as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2022 the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: ATTEST: By: By: Surety Address BID REQUEST #2200051 Page 20 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID REQUEST #2200051 Page 21 Form W-9 (Rev. August 2013) Deportment of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Other (see instructions) I. Tru sVestate ► Exemptions Exempt payee Exemption code (if any) (see instructions): code (if any) from FATCA reporting Address (number, street, and apt. or suite no.) Requester's name and address (optional) City, state, and ZW' code List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number Employer identification number Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (If any) indicating that ( am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Fuhre developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a ll.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a fomm other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a US. person For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) BID REQUEST #2200051 Page 22 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's firm or company name BY Dale Title 2nd contractors firm or company name. (If joint venture ) By Dale Title Sworn to before me this day of, 20 Notary Public My commission expires NOTE: This document must be signed in ink. CDOT Form 0006 1/02 BID REQUEST #2200051 Page 23 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): • Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 5. Under what firm, company or trade names has this company been engaged in this type of business, how long under each name, and how long has each company been bonding work? 6. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID REQUEST #2200051 Page 24 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. .List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID REQUEST #2200051 Page 25 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME YRS. PERTINENT TITLE EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID REQUEST #2200051 Page 26 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2022. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ) ) ss. State of ) being duly sworn, deposes and says that he is of, (Title) and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2022. (SEAL) Commission Expires Notary Public BID REQUEST #2200051 Page 27 NOTICE OF AWARD PROJECT: 2022 Material Crushing Contract To: Ken Evans Overlook Mine, LLC 9358 Hilltop RD Parker, CO 80138 Project Description: The project consists generally of: • crushing and stockpiling approximately 200,000 tons of aggregate material for graveling of roads within the areas of Weld County. This project is not subject to Federal or State contract requirements. 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 $ 905,407.78 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 4th day of April , 2022 Weld County, Colorado, Owner By: Jeff York, Trucking & Mining Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2022 By: Title: BID REQUEST #2200051 Page 28 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & Overlook Mine LLC 2022 Material Crushing Contract THIS AGREEMENT is made and entered into this day of , 2022, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Overlook Mine LLC , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is 9358 Hilltop RD, Parker CO 80138 , hereinafter referred to as "Contractor". WHEREAS, Weld County Public Works is in need of a material crushing contract, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or revegetation of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2200051. The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or BID REQUEST #2200051 Page 29 to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver - Boulder -Greeley Consumer Price Index and the market price for straw. 3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. 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 drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." 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. 4. Extension or Modification. 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. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. BID REQUEST #2200051 Page 30 5. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $ 905,407.78 , which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 material/service/equipment 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) 6. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. 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 this Project 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 BID REQUEST #2200051 Page 31 assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services 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. 8. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 10. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 11 Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist 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 construction 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. 12. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or BID REQUEST #2200051 Page 32 services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not BID REQUEST #2200051 Page 33 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) Coverage B (Employers Liability) Statutory $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interest's provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including* public liability and BID REQUEST #2200051 Page 34 property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 13. 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. 14. Examination of Records. To the extent required by law, the Contractor agrees that any 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16.Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. 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 BID REQUEST #2200051 Page 35 c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Overlook Mine LLC Attn.: Ken Evans Address: 9358 Hilltop RD Address: Parker, CO 80138 E-mail: terra@pei-corp.com Phone: (307) 797-8811 Facsimile: Coun : Name: Jeff York Position: Trucking and Mining Supervisor Address: P.O. Box 758 Address: 1111 H St, Greeley, CO 80632 E-mail: iyorkti weldgov.com Phone: 970-400-3722 Facsimile: 970-304-6497 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19.Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20.Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any BID REQUEST #2200051 Page 36 business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26.Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27.Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor BID REQUEST #2200051 Page 37 shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29.Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 30.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. 31. 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. 32.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 A and B, 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. BID REQUEST #2200051 Page 38 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2022. CONTRACTOR: Company Name By: Name: Title: Date WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K James, Chair BID REQUEST #2200051 Page 39 PERFORMANCE BOND PROJECT: 2022 Material Crushing Contract KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: 2022 Material Crushing Contract Bid No. B220051 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID REQUEST #2200051 Page 40 PERFORMANCE BOND PROJECT: 2022 Material Crushing Contract IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID REQUEST #2200051 Page 41 LABOR & MATERIALS PAYMENT BOND PROJECT: 2022 Material Crushing Contract KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: 2022 Material Crushing Contract described in the Invitation for Bids, Bid No. B2200051 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID REQUEST #2200051 Page 42 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID REQUEST #2200051 Page 43 NOTICE TO PROCEED PROJECT: MATERIAL CRUSHING FOR 2022 To: Date: PROJECT: 2022 Material Crushing Contract described in the Invitation for Bids, Bid No. B You are hereby notified to commence Work in accordance with the Agreement dated the day of , 2022. The date of completion of all Work is therefore Weld County, Colorado, Owner By Jeff York, Trucking & Mining Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2022. By Title BID REQUEST #2200051 Page 44 CHANGE ORDER NO. (EXAMPLE) Date: Project: 2022 Material Crushing Contract described in the Bid No. B Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID REQUEST #2200051 Page 45 CONTRACT EXTENSION / RENEWAL 2022 Material Crushing Contract Date: Project: 2022 Material Crushing Contract, Bid No. B Owner: Weld County Public Works Department, PO Box 758, Greeley, Colorado 80632 Consultant: The following change is hereby made to the Contract Documents: Contract Time Extension: Change to Original Rate Schedule: CHANGE TO CONTRACT PRICE: CHANGE TO CONTRACT TIME: The Contract time will be increased by calendar days. RECOMMENDED: Owner Representative: Date: , (Chair) Supervisor: Date: Director: Date: APPROVALS: Contractor: By: Date: Title: BID REQUEST #2200051 Page 46 PROJECT SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2021 Standard Specifications for Road and Bridge Construction (as amended), the latest edition of the CDOT Field Materials Manual (as amended), and the latest edition of the CDOT Construction Manual (as amended) provide the standards and specifications for the construction of this project. The latest revisions to formerly issued Standard Special Provisions (SSP) that modify the CDOT 2021 Standard Specifications for Road and Bridge Construction are hereby incorporated by reference. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS INDEX Date Paaes Notice to Bidders (October 2021) 48 Commencement and Completion of Work (October 2021) 49 Revision of Section 101 — Definition of Terms (October 2021) 50-51 Revision of Section 102 — Bidding Requirements and Conditions (October 2021) 52 Revision of Section 103 — Award and Execution of the Contract (October 2021) 53 Revision of Section 104 - Scope of Work (October 2021) 54-56 Revision of Section 105 — Control of Work (October 2021) 57-62 Revision of Section 107 — Legal Relations and Public Responsibility (October 2021) 63-64 Revision of Section 108 — Prosecution and Progress (October 2021) 65-67 Revision of Section 109 — Measurement and Payment (October 2021) 68 Revision of Section 203 — Excavation and Embankment (October 2021) 69 Revision of Section 626 — Mobilization (October 2021) 70 BID REQUEST #2200051 Page 47 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized Department representative. Prospective bidders shall contact one of the following listed authorized Department representatives at least 12 hours in advance of the time they wish to go over the project. Information regarding the project may be obtained from the following authorized representatives. Jeff York, Trucking and Mining Supervisor Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3722 iyork@weldgov.com Nate Gibson, Trucking and Mining Foreman Weld County Public Works Department 111 H Street Greeley, CO 80632 Office Phone: 970-400-3723 ngibson@weldgov.com The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. A mandatory pre -bid conference will be held. Bids will be accepted only from pre -qualified bidders who attend the mandatory pre -bid conference. Questions received from bidders along with Weld County responses will be posted on the Weld County web site listed below as they become available. http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and methods, phasing, scheduling, or other aspects of construction of the project, the Project Engineer will address the question or clarification. The Engineer will keep the bidder's innovation confidential and will not share this information with other bidders. The Engineer will determine whether questions are innovative or proprietary in nature. If the Engineer determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the question, the Engineer will not answer the question and the question will not be documented on the web site. If the bidder does not withdraw the question, the question will be answered, and both the question and answer will be posted on the web site. If the Engineer agrees that a question warrants confidentiality, the Engineer will answer the question, and keep both question and answer confidential. Weld County will keep a record of both question and answer in their confidential file. All questions shall be directed to the contacts listed above no later than 7:00 A.M. Monday of the week of bid opening. Final questions and answers will be posted no later than Tuesday morning of bid opening week. END OF SECTION BID REQUEST #2200051 Page 48 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete all work by December 31, 2022 unless the period for completion is extended otherwise by the County. END OF SECTION BID REQUEST #2200051 Page 49 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2021. Where the Contract Documents, Weld County Project Special Provisions, CDOT Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Weld County at its sole discretion shall determine which specification is more stringent. All references (as applicable) to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.02 shall include the following: "CDOT Resident Engineer" shall mean an employee designated as such by the Weld County Public Works Department. "Department" shall mean the Weld County Public Works Department. "Engineer" shall mean the Weld County Public Works Director or designated representative. Holidays recognized by Weld County are: New Year's Day (Friday, December 31, 2021) :01 Memorial Day (Monday, May 30, 2022) endenc TuesJuly 4 & 5, 2022) Labor Day (Monday, September 5, 2022) Os: Thanksgiving Thanksgiving (Thursday & Friday, November 25 & 26, 2022) When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday. "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. "Pre -construction Conference" shall mean a meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. "Project Engineer" shall mean an employee designated as such by the Weld County Public Works Department. "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. BID REQUEST #2200051 Page 50 2 REVISION OF SECTION 101 DEFINITION OF TERMS "Roadway Prism" shall be defined as the prism of embankment extending from the toe of embankment slope to the opposite toe of embankment slope. "State" shall mean Weld County. "Subcontractor" shall be defined as an individual, firm, corporation, or other legal entity to whom the Contractor sublets part of the Contract. A subcontractor shall include an individual, firm, or corporation who meets one or both of the following criteria: a. Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5.2(1) (1) and 29 CFR 5.2(1) (2). b. Performs work that is incorporated within the Project limits. "Supplier" shall mean an individual, firm, or corporation who meets one or both of the following criteria: a. Fabricates or processes a material not on the site of work per 29 CFR 5.2(l) (3). b. Delivers material directly to the project. In both cases, the material shall be intended for permanent incorporation into the worksite. "Substantial completion" shall mean the completion of all payable work as shown on the pay application. Only non -payable or minor items, as determined by Weld County in its sole discretion, may be placed on the punch list. END OF SECTION BID REQUEST #2200051 Page 51 1 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 102.02 and replace with the following: 102.02 Contents of Proposal Forms. The Department will publish bidding opportunities to prospective bidders at www.bidnetdirect.com. The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals. "All bidders on the projects shall submit bids by the following method: Bid Delivery to Weld Count: Emailed bids are required. Bids may be emailed to: bids(a weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and should be less than 25MB in size. If bids are larger than 25 MB, please contact the Engineer. Please call Purchasing at 970-336-7225 if there are any questions. The plans, specifications, and other documents designated in the proposal form, shall be considered a part of the proposal. END SECTION BID REQUEST #2200051 Page 52 1 REVISION OF SECTION 103 CONSIDERATION OF PROPOSALS Section 103 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 103.01 and replace with the following: 103.01 Consideration of Proposals. After the proposals (bids) are opened and read, they will be evaluated, and the Contract awarded or rejected in accordance with the "Rules" referenced in subsection 102.01 END OF SECTION BID REQUEST #2200051 Page 53 1 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 104.02(a) and replace as follows: (a) Differing Site Conditions. It is the County's expectation to complete this project with no change orders resulting in additional cost unless such change orders are initiated by the County. Change orders for differing site conditions will be entertained by the County in the event of extraordinary circumstances. However, the County is under no obligation to approve said change orders. No cost change orders, reduction in cost change orders, and County initiated change orders may occur. The Contractor shall not be entitled to a change order for Differing Site Conditions. By way of example, Differing Site Conditions not eligible for a change order include but are not limited to: 1. Encountering groundwater. 2. Discovery of debris (buried or unburied within the ROW). 3. Existing asphalt thicknesses that are different than expected. 4. Lack of on -site appropriate strength materials. 5. Increased costs due to relocations of utilities and/or oil and gas facilities. 6. Increased costs due to ROW or easement acquisitions. 7. Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure. 8. Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells. 9. On -site soils not suitable for structural foundations or embankments. 10. Unsuitable materials excavation. 11 High water levels in the river due to stormwater runoff or snowmelt. The Contractor shall be expected to manage the risks associated with flows in the river in order to meet the project completion date. During the progress of work, if extraordinary conditions are discovered, the party discovering such conditions shall promptly notify the other party in writing of the specific conditions before the site is disturbed and the affected work is performed. The Contractor shall bear the burden of proving that a Differing Site Condition is an extraordinary circumstance, and that the Contractor could not have reasonably worked around the condition so as to avoid additional costs. Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professions setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notification, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Subsections 104.02(c)(1) and 104.02(c)(2) shall be revised as follows: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, and BID REQUEST #2200051 Page 54 2 REVISION OF SECTION 104 SCOPE OF WORK (2) When a major item of work is increased in excess of 150 percent of the original contract quantity or decreased below 25 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 25 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. Delete Subsection 104.05 and replace with the following: The Contractor shall not excavate or remove any Material from within the roadway, which is not within the grading limits, as indicated by the slope and grade lines, without authorization from the Inspector. Subsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled to a disposal site approved by the Engineer. Excess soil materials including topsoil generated from the project shall not be disposed of within the project area unless written authorization is provided by the Engineer. Backfill areas shall be graded such that the final grades are similar to the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer. The Contractor shall be responsible for removing all construction debris and trash from the jobsite on a daily basis. Any construction debris and trash which may be washed away shall be located, removed, and disposed of away from the site at a certified landfill location. Trash and debris shall be collected and disposed of at no additional cost to the project. Any petroleum products accidentally spilled or leaked shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the project area. Subsection 104.07 paragraph 5, starting with "Net cost savings..." shall be deleted and replaced as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. VECPs shall be submitted prior to the start of construction activities relating to the VECP. Subsection 104.07(d)(2) shall be deleted and replaced as follows: 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 Lost opportunity shall not be considered part of the calculations. The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. BID REQUEST #2200051 Page 55 3 REVISION OF SECTION 104 SCOPE OF WORK The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END OF SECTION BID REQUEST #2200051 Page 56 1 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.01 shall be revised to include the following: Weld County has the authority by written order to suspend the Work wholly or in part for the reasons delineated in the Contract Documents. All employees shall have the skill and experience and any licenses or certifications required to perform the Work assigned to them. If the County determines in its sole discretion that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Weld County in its sole discretion may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all the Contractor's subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. If the Contractor or the Subcontractor fails to remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Subsection 105.02 shall include the following paragraphs prior to Subsection 105.02(a): Provisions regarding plans, shop drawings, working drawings and construction documents are set forth in the Contract Documents. For the purposes of review, working drawings are the same as shop drawings and shall be reviewed in the same manner. Subsection 105.02(f), paragraph 2 shall be revised to include the following: The Contractor shall provide "As -Constructed" drawings prior to final payment. The As -Constructed drawings shall be completed in accordance with Section 121.2.3 of the CDOT Construction Manual and CDOT Procedural Directive 508.1 — Professional Engineer's Stamp. The As -Constructed drawings shall be stamped, signed, and dated by a licensed professional engineer or professional land surveyor registered in the State of Colorado. References in Section 121.2.3 of the CDOT Construction Manual to the Project Engineer shall apply to the Contractor. Delete Subsection 105.03, paragraph 5 and replace with the following: When the Engineer or Inspector finds the materials furnished, work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has BID REQUEST #2200051 Page 57 2 REVISION OF SECTION 105 CONTROL OF WORK resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. Delete Subsection 105.03, paragraph 7 and replace with the following: Materials will be sampled and tested by the Contractor in accordance with the sampling and testing schedules and procedures contained in the Contract Documents and in CDOT's Field Materials Manual. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant Material changes, or other unusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor's expense. Subsection 105.03 the two paragraphs following the TABLE OF PRICE REDUCTION FACTORS and starting with "If P is less ..." shall be deleted and replaced as follows: If P is a negative number quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added and the resulting sum will be used to determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25. BID REQUEST #2200051 Page 58 3 REVISION OF SECTION 105 CONTROL OF WORK (1) Water trucks with an adequate distribution system that will apply water evenly. (2) List of all inspection and materials testing forms and procedures utilized by the Contractor. (3) Adherence to Table 106-4 requiring minimum testing frequency. The Contractor shall submit the PCP at least five working days prior to the start of the work. The Engineer's review of the PCP will not exceed two working days. Work shall not begin until the PCP has been accepted in writing, unless otherwise approved. 1. Documentation. The Contractor shall maintain current records of process control operation activities, and tests performed. These records shall be in the form shown in the PCP, and shall include as a minimum, the Contractor or subcontractor, the number of personnel working, weather conditions, type of equipment being used, delays and their cause, and deficiencies along with corrective action taken. Such records shall cover both conforming and defective or deficient features. Additional documentation to the Engineer shall include all daily test results, daily inspection reports, daily non- compliance reports, and monthly certification reports. Copies of these records and a statement that work incorporated in the project complies with the Contract shall be submitted to the Engineer prior to payment for the work or upon request. Monthly certification reports shall be stamped with the seal of a Professional Engineer registered in Colorado. Failure to provide the Engineer with the necessary documentation will result in the suspension of payments on embankment until the documentation has been completed and accepted by the Engineer. Weld County Owner Acceptance (OA) documentation shall not be used as supporting documentation for the Contractors certification. Weld County shall be responsible for OA and Independent Assurance Testing (IAT) (Item 304-09002). Contractor will provide daily production totals to the project manager and Weld County Construction Inspection Supervisor and/or other personnel as directed by Weld County. Weld County reserves the right to suspend production if material totals are not provided daily. Delete Subsection 105.09 and replace with the following: These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions i. Weld County Special Provisions ii. CDOT Project Special Provisions iii. CDOT Standard Special Provisions iv. CDOT Field Materials Manual (Latest Edition) v. CDOT Construction Manual (Latest Edition) (c) CDOT Standard Specifications (d) Plans Detailed Plans ii. Standard Plans Calculated dimensions will govern over scaled dimensions BID REQUEST #2200051 Page 59 4 REVISION OF SECTION 105 CONTROL OF WORK Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, Project Special Provisions, or the CDOT Specifications, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Contractor shall request the County's determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Project Manager of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract. The fact that the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, shall not relieve the Contractor from performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed. Subsection 105.10 shall be amended to include the following: The Contractor shall be responsible for providing agendas, attendance lists, and meeting minutes for all meetings including but not limited to weekly progress meetings, pre -construction meetings, pre -pour meetings, pre -pave meetings, pre -environmental meetings, etc. Sample meeting agendas are provided in CDOT's Construction Manual. The sample meeting agendas shall be modified as necessary to contain project specific information. The Contractor shall provide copies of the meeting agendas to the Engineer a minimum of 24 hours prior to the meeting for review. During the meeting, the Contractor shall lead the meeting and take attendance and meeting minutes. Meeting minutes shall be generated by the Contractor and shall be provided to the Engineer within 72 hours for review and acceptance. Failure to provide a full-time competent superintendent with the authorization to act for the Contractor on the project shall result in a payment deduction as outlined in the Weld County Revision to Section 108.09, Liquidated Damages Table. Furthermore, failure to provide a full-time competent superintendent shall be grounds for suspension of the Project until such time as a full-time competent superintendent is provided by the Contractor. The Engineer shall have the sole discretion of determining when/if to assess the payment deduction. The payment deduction shall be documented on a Form 105, Speed Memo. CONTRACT TIME WILL CONTINUE IN THE EVENT OF A WORK SUSPENSION CAUSED BY LACK OF FURNISHING A FULL-TIME COMPETENT SUPERINTENDENT SATISFACTORY TO THE COUNTY. Subsection 105.21(b) shall be revised to include the following: At Substantial Completion, the Engineer will provide the Contractor with a punch list of outstanding items to be corrected and completed within the time frame indicated on the Notice of Substantial Completion. The punchlist will include the remaining documentation items that shall be submitted for review and acceptance by the BID REQUEST #2200051 Page 60 5 REVISION OF SECTION 105 CONTROL OF WORK Engineer. Upon reviewing and accepting the remaining documentation and with no other outstanding issues, the Engineer will initiate the final advertisement process utilized by the County's Purchasing Department. The final advertisement process involves placing an advertisement in a newspaper of general circulation a minimum of two times at least 10 days apart. The advertisement shall include the final cutoff date for any protests from subcontractors or suppliers and the date of anticipated final payment to the Contractor. No retainage release will be made until the final advertisement period has been completed and all issues that have arisen during the final advertisement period have been resolved. A newspaper of general circulation is defined as a newspaper which is published daily, triweekly, semiweekly, or weekly and is printed or published in whole or in part in the county in which such notice or advertisement is required to be published. Subsection 105.22 shall be revised to include the following: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. Subsection 105.24 shall be amended as follows: Delete all references to CDOT and replace with Weld County. Delete the fourth paragraph and replace with the following: Non -binding arbitration or litigation proceedings must commence within 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. Delete the fifth paragraph and replace with the following: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. Delete Subsection 105.24(f) and replace with the following: If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation or non -binding arbitration to finally resolve the claim that the Contractor submitted to Weld County. Such litigation or arbitration shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This does not preclude the joining in one litigation or arbitration of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. BID REQUEST #2200051 Page 61 6 REVISION OF SECTION 105 CONTROL OF WORK If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for Weld County, unless both parties agree to the use of arbitration. If the Contractor selected non -binding arbitration, or if both parties subsequently agreed to merit binding arbitration, arbitration shall be governed by the modified version of ARBITRATION PROVIDER'S Construction Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall issue a decision with regard to entitlement and a non -binding decision with regard to quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Weld County District Court with regard to quantum only. END OF SECTION BID REQUEST #2200051 Page 62 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Delete Subsection 107.15(b) and replace with the following: When the project has CDOT or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" and CDOT as additionally insured parties. Depending upon the funding source, it may be necessary to include additional insured parties. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the Contract will be primary over any insurance or self-insurance program carried by Weld County. When the project has no State or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" as an additional insured party. . Depending upon the funding source, it may be necessary to include additional insured parties. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the Contract will be primary over any insurance or self-insurance program carried by Weld County. Subsection 107.17 shall be revised to include the following before the first paragraph: When working in a waterway, the Contractor shall assess and understand the risk of working within waterways. Such risks include but are not limited to floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. Subsection 107.17 — Delete the fourth paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Public Works Right -of -Way Permitting Technician, 970- 304-6496. BID REQUEST #2200051 Page 63 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC The Contractor's attention is directed to this subsection: Subsection 107.25 shall be revised to include the following prior to the first sentence: The requirements as called out in this subsection will be strictly enforced. If the area of disturbance for the project is less than one acre, Subsection 107.25 (c) shall be deleted and replaced with the following: A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. The Engineer will coordinate with CDOT as necessary prior to initiating partial or final acceptance of the stormwater construction work, including soil conditioning and seeding for permanent stabilization. Unsatisfactory and incomplete erosion control work will be identified in this walkthrough and will be summarized by the Engineer in a punch list. If the area of disturbance for the project is greater than one acre, Subsection 107.25(c), paragraph one shall be deleted and replaced with the following: The Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) shall be obtained by the Contractor. The Contractor and Weld County will be co-permittees. The Contractor shall coordinate with Weld County to become the Operator permittee of the respective permit upon award of the Contract. The Contractor shall provide a copy of permit certification as the Operator to the Engineer prior to or at the Pre -construction Conference. No work shall begin until the CDPS-SCP permit with Owner and Operator has been approved by CDPHE. A copy of the permit shall be placed in the project SWMP. The Contractor shall be responsible for complying with the applicable requirements of this permit. Per 107.25(d)(2), should any fines be levied by CDPHE, the Contractor shall be responsible for all such fines. After the Contractor has completed the construction and obtained a Notice of Final Acceptance from the County, arrangements will be made to transfer the permit from the Contractor to the County. Should fines be levied by CDPHE for the project while under stewardship of the Contractor but the exact amount is not known the project retainage will be held by Weld County until the fines are resolved. The Contractor shall provide an Erosion Control Supervisor (ECS) for this project. END OF SECTION BID REQUEST #2200051 Page 64 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by the subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205 The subcontracted work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project -related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request, and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract. However, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the Contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. The proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the subcontractor, and if necessary, the Contractor as stipulated in the "Rules". Delete Subsection 108.02 and replace with the following: The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The Notice to Proceed will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 10th day following the issuance of the Notice to Procced. Subsection 108.03(b) shall include the following after the first paragraph: The Initial Schedule shall be submitted at least 10 working days prior to the start of the work. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer. Subsection 108.03 shall include the following after 108.03(i): (j) Method Statements. A Method Statement shall be prepared for the controlling activities in the CPM, salient features listed in the Commencement and Completion of Work special provision, or as directed by the Engineer. The Method Statement shall include any additional activity or feature that the Engineer considers to be a controlling factor for timely completion. The Method Statement shall be a detailed narrative describing each BID REQUEST #2200051 Page 65 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS activity or feature and all work necessary to complete it. The Contractor shall include the following information in the Methods Statement: (1) Feature name; (2) Who is responsibility for the feature work (Contractor, subcontractor, supplier, utility, etc.); (3) Detailed description of the planned work procedures. The procedures to be used shall include information such as forming, excavation, pouring, heating and curing, backfill and embankment, trenching, protecting the work, etc. When separate or different procedures are to be employed due to seasonal or project phasing requirements, such differing procedures shall be described in the statement; (4) The planned quantity of work per day for each feature using the same units of measure as the applicable pay item; (5) The anticipated labor force required by labor type; (6) The number, types, and capacities of equipment planned for the work; and (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. At the Engineer's discretion, the Contractor shall update the Method Statement or any part thereof and resubmit it to the Engineer for review and approval. Subsection 108.08 shall include the following: When the County issues a Speed Memo (Form 105), Minor Contract Revision (Form 94), or a Change Modification Order (Form 90), the Contractor shall return a signed version of the form within 10 calendar days. Failure to provide the signed form(s) to the Engineer will result in the assessment of liquidated damages as outlined in the Liquidated Damages Table below. Delete the second paragraph starting with "The Contractor shall not carry on construction..." in subsection 108.08 and replace with the following: The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. The Contractor shall not perform construction operations on any three or four -day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Project Manager and Inspector Supervisor no later than Wednesday at 5 p.m. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Project Manager and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $400.00 per hour for the first four hours (four hour minimum) and $100.00 per hour per day thereafter for each Inspector or Engineer required to perform inspections on the inspectable work. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. BID REQUEST #2200051 Page 66 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Delete subsection 108.08(a)(2), and replace with the following: 2. Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that Contract time starts. Calendar Day Contracts have been adjusted prior to bid advertisement to account for no work on Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate number of days. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No weather days or less than full time charges days will be granted in this contract. Delete subsection 108.08(b), and replace with the following: When the Contract specifies a completion date, all work under the Contract shall be completed on or before the date specified. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. No extension of the completion date will be allowed for inclement weather, foreseeable causes, or conditions under the control of the Contractor. If all work under the Contract is not completed on or before the specified completion date, contract time will be assessed for each additional calendar day in accordance with subsection 108.8(a)(2) and liquidated damages will be assessed to the Contractor per day, per the table in subsection 108.09 until the completion of the project. Completion Date Contracts have been adjusted prior to bid advertisement to account for Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of days. No weather days shall be given. Subsection 108.09 shall include the following after the first paragraph: Upon issuance of the Notice of Final Acceptance, the Contractor shall submit all required paperwork required to close out the project within 20 days. Failure to provide the required paperwork will result in the assessment of liquidated damages as outlined below. In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To and Including 0 500,000 X800 500,000 1,000,000 1,600 000, O 2,0 0,000 2;500? 2,000,000 5,000,000 4,300 5,000,000 10,000,000 7,800 7 800_.. . .. 10,000,000 10,700 plus 400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 END OF SECTION BID REQUEST #2200051 Page 67 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06(a) — Delete the second sentence beginning with "The amount retained ", and replace with the following: No retainage shall be held on this contract. In Subsection 109.07 — Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. END OF SECTION BID REQUEST #2200051 Page 68 1 REVISION OF SECTION 203 Excavation and Embankment Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.01 shall be revised to include the following: Trucking Material: Hauling will consist of processed or unprocessed gravel, pit run, overburden or dirt, to be hauled from county pits and stockpiled at other county pits or facilities. Contractor will be required to provide necessary equipment to load trucks and stockpile up to 100,000 tons of material per location as directed by the project manager. Stockpile locations and limits will be defined by project manager prior to any material being relocated. Truck and trailer combinations shall be minimum of five (5) axles, with a minimum 20 cubic yard capacity and capable of legally hauling not less than a 28 -ton payload. Any loaded trucks leaving a loading site while working for Weld County, must be tarped. Cost of all maintenance, repairs, fuel, insurance, and labor to operate the trucks shall be borne by the contractor. Subsection 203.12 shall be revised to include the following: Pay Item Pay Unit Trucking Material Hour END OF SECTION BID REQUEST #2200051 Page 69 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall be revised to include the following: Construction of a temporary access road into the work areas, and removal of the access road after construction is completed, shall be included in the Mobilization bid item. CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS: The Contractor shall take responsibility to find adequate staging area(s) for the project. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction. All staging areas shall be secured with temporary fencing and restored to original conditions after construction. The Contractor shall provide erosions and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. If the Contractor needs to perform work on private property outside of the Right -of -Way, then the Contractor shall obtain additional TCEs. All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's expense In addition, the Contractor will be required to secure Right of Entry for property owners access that extend beyond the Right of Way Line. No separate payment will be made. Contractor to review the access plans and determine the extent of the right of entry required. Weld County shall be notified of the right of entry prior to entry. END OF SECTION BID REQUEST #2200051 Page 70 Exhibit B Rose Everett From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Terra Steen <terra@pei-corp.com> Friday, March 18, 2022 8:43 AM bids Ken Evans; Armando Castillo Overlook Mine Proposal - 2022 Material Crushing Contract Overlook Mine Proposal - 2022 Material Crushing Contract.pdf Follow up Flagged 'caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. I hereby waive my right to a sealed bid Good morning, Please find attached Overlook Mine's Proposal for the 2022 Material Crushing Contract. If you have any questions, please do not hesitate to ask. Thank you for this opportunity. Best Regards, Terra Steen Operations Manager Overlook Mine, LLC Mobile: 307.797.8811 Email: terra@pei-corp.com 9358 Hilltop Rd Parker, CO 80138 1 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ix Receipt of addenda(s), if any, should be signed. Xl W-9 X Statement of Qualification (must be signed and notarized) Anti -Collusion Affidavit X] Bid Schedule I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. Overlook Mine (Contractor) 2022. Dated this 18th day of March €rra Steen Title: Operations Manager B2200051 19 2022 Material Crushing Contract March 4th, 2022 Bid Request No. B220051 Weld County, Colorado ADDENDUM NUMBER O The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. A. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Is the material at each location suitable to meet the Plasticity Index Specification? Answer 1: Bidders are encouraged to sample and test the material for themselves. Material may have to be imported to meet the PI specification. Question 2: How will reject material need to handled or stockpiled? Answer 2: Sites have locations available to stockpile reject material. Reject stockpiles will be located as directed by Weld County. Question 3: Where is the testing frequency specification written and what is the testing frequency? Answer 3: Testing frequency is documented in the CDOT Field Materials Manual for Item #304. Owner's Acceptance testing will be 1 test per 2000 tons for Gradation and Plasticity Index. Question 4: What is the last day questions can be submitted to Weld County? Answer 4: Last day for questions is March 15, 2022 at 7 am. The final addendum will be published to Bidnet on March 16, 2022. Question 5: What is the intent of the trucking line Item. Answer 5: The project special prevision for Item 203 covers the intent and scope of the trucking materials line item. Work generally consists of hauling material from county facilities and stockpiling at other facilities. Items with a quantity of TBD listed on the bid schedule should be bid as a quantity of 1. Question 6: Is Contractor required to pay royalties? Answer 6: Royalties will be paid by Weld County, but materials hauled by the contractor to aide in producing specification will need to be weighed and tracked. Question 7: Is water available at both locations? Answer 7: No water is available at either location. M:\22 BIDS - RFPS\B2200051 - MATERIAL CRUSHING CONTRACT\ADDENDUM NO 1 - MATERIAL CRUSHING CONTRACT - 51.doc Question 8: Which pile at each location is pit run, can contractors sample the material? Answer 8: The pit run pile at Hokestra is the pile just south of Last Chance Ditch. The pit run pile at Peters 313 is the furthest pile east. Contractors are encouraged to sample the material. Question 9: Are there any other testing requirements. Answer 9: Scale pictures or other documentation of daily production totals will need to be submitted to testing personnel daily for the purpose of maintaining a random sample schedule. Weld County personnel will observe/assist with initial sampling needs and may allow contractor to pull OA samples at Weld County's discretion. Weld County reserves right to sample at any time during production. Samples will be according to CDOT Field Materials Manual (CP 30 section 4.3.3, sample pad). Other approved methods can be used at the discretion of Weld County. Split samples will be made available if requested. Question 10: Is there a fuel cost adjustment available on this contract? Answer 10: No fuel cost adjustment is available for this project. Prepared By: Nate Gibson, Trucking and Mining Foreman M:\22 BIDS - RFPS\B2200051 - MATERIAL CRUSHING CONTRACT\ADDENDUM NO 1 - MATERIAL CRUSHING CONTRACT - 51.doc 2022 Material Crushing Contract March len, 2022 Bid Request No. B220051 Weld County, Colorado ADDENDUM NUMBER The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: A. Contractor Questions and Responses All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. A. CONTRACTOR QUESTIONS AND RESPONSES Question 1: Can reject material be stockpiled onsite? If so where onsite? Answer 1: Reject material can be stockpiled onsite. See attached maps for reject stockpile locations. Question 2: Can reject material be removed by the contractor if the contractor chooses? Answer 2: Reject material can be removed from only the Hokestra Pit by the contractor at their expense if they choose to do so. Prior approval from Weld County Board of County Commissioners will be required. Question 3: Are there local consultants to provide PC testing? Answer 3: Northern Colorado Geotechnical Consultants include but are not limited to EEC, Ground Engineering, Terracon and CTL Thompson. A consultant lab for dispute resolution will be agreed upon by winning bidder and Weld County at the Pre -Construction meeting. Question 4: Can topsoil at Peters Pit be added to make PI specification? Answer 4: Stockpiled topsoil cannot be used for this contract. Question 5: Can bid bond be submitted electronically? Answer 5: Yes, bid bond can be submitted to bids(cweldgov.com Prepared By: Nate Gibson, Trucking and Mining Foreman C:\Users\reveretMppData\LocallMicrosoflwindows1INetCachelContent.Outlook\RBO02K3S\Material Crushing Addendum #2.doc RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Date: 3/4/2022 By: Addendum No. 2 Date: 3/16/2022 By:4C0 -.... Addendum No. Date: By: Addendum No. Date: By: Contractor agrees to perform all Work described in the Contract Documents for the prices as shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump Sum price shown in the bid tabulation which has been completed or the actual quantities furnished, installed or constructed. The undersigned, by his/her signature, hereby acknowledges and represents that: 1. Performance of each and every portion of the Work is included as part of the Contractor's Price. 2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit and services relating to the Contractor's performance of its obligations under the Contract Documents (including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor and intellectual property rights necessary to perform the Work) are included as part of the Contractor's Price. 3. The cost of obtaining all Governmental Approvals (except for approvals which are the responsibility of the County, as specifically provided elsewhere in the Contract Documents) is included as part of the Contractor's Price. 4. All costs of compliance with and maintenance of the Governmental Approvals and compliance with legal requirements are included as part of the Contractor's Price. 5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the Work and any equipment, materials, labor, or services included therein are included a part of the Contractor's Price. 6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein are include as part of the Contractor's Price. 7. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100137 8. The signatory is authorized to bind the below -named contractor for the amount shown on the accompanying bid tabulation. 9. The signed bid submitted, all the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Overlook Mine BUSINESS ADDRESS P.O. 9382 BY Terra Steen CITY, STATE, ZIP CODE Denver, CO 80209 (Please print) DATE 3/18/2022 TELEPHONE NO ;,►07.797.8811 FAX TAX ID # 41-2261450 SIGNATURE E-MAIL terra@pei-corp.com **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. Hokestra 8,000 cy Plan I Legend S Fill and Gracie # Stockpiles Form ® � (Rev November2017) Department of the Treasury internal -Revenue Service request for Taxpayer Odentification Number and Certification D Go to www irs gov/FormW9 for instructions and the latest information Give Form to the requester Do not send to the IRS Print or type See Specific Instructions on page 3 1 Name (as shown on your income tax return) Name Is required on this line, do not leave this line blank 2 Business name/disregarded entity name if different from above Overlook Mine, LLC 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the following seven boxes 4 Exemptions certain entities instructions Exempt payee Exemption code (if any) (Appiks la accounts (codes apply only to not individuals see on page 3) code (if any) Individual/sole propnetor or • C Corporation II S Corporation II Partnership Trust/estate single -member LLC company Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) appropriate box in the line above for the tax classification of the single member owner is classified as a single -member LLC that is disregarded from the owner unless the owner is not disregarded from the owner for U S federal tax purposes Otherwise a single from the owner should check the appropnate box for the tax classification of its owner It. is S P Limited liability from FATCA reporting Note Check the LLC If the LLC another LLC that is disregarded Do not check of the LLC is -member LLC that marnwatned outside Ina U S) • Other (see instructions) 5 Address (number street, and apt or suite no ) See instructions PO Box 204 Requester's name and address (optional) _ 6 City, state and ZIP code Granby, CO 80446 7 List account number(s) here (optional) %Part l4 Enter your TIN in the appropriate box The TIN provided must match the name given on line 1 to avoid backup withholding For individuals, this is generally your social security number (SSN) However for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later For other entities, it is your employer identification number (EIN) If you do not have a number, see How to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter Taxpayer Identification Number (TIN) Social secunty number or_ Employer identification number 4 1 2 2 6 1 4 5 0 Radii Certification Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later Sign Here Signature of U S person flo Date P 2/22/18 General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www irs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099-I NT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest) 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U S person (including a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 10231X Form W-9 (Rev 11-2017) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 3-17-2022 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): Otteatcoc 1.41 Permanent main office address: g5S9 /4.1(,11a> pa PAk K f,f,— CO . 13' Phone Number: 116,c3/ • <137/1 Fax Number: 3. Year Company was organized: c7cOS 4. Number of years this Company has been engaged in similar projects as outlined in this bid: jSYtz$ 5. Under what firm, company or trade names has this company been engaged in this type of business, how long under each name, and how long has each company been bonding work? PEI ,,),01? Qopic)oj3 r6S,y< < otautry f NDvC 0193≤ JL/mv. (t$G T / 6. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: Eh' T rrenA0i#SAL Cit i cv. $ -3�i� f 030 rnuerIN mArty $ / 7f", 000 A 64K E6A--Tiv00-077UC! $ coo 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. szx B2200051 24 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. .List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: o20/9 WEW C / (>1 41-9tXPL. G(1.tJS G.T/'vC c0NT11AG7 Location: (4) C6O ccui Supt: JTI =f J�O Owner's Representative: Completion Date: r 0er-is Mu_ phone: qro- "37.? -Z Contract Amount I18t� t'ZR) B2200051 25 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK Iii tc Proot,Eimi, suitra 53 7 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME h c�'t%/ £,&<s TITLE ©u/rSir� YRS. PERTINENT EXPERIENCE 37, 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. B2200051 26 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 161.--1 NOTARY By: Signature 4/J4)CT)-4Name: - &AOr (Please Type) Title: 0^)/‘) /") day of \IQ1 � , 2022. Bidder: ©V c -a ta- m rd04.4,464, L -C Company County of 1a. ) ,, h ) ss. State of CO\ °MAC) ) 41,rial." SO4614- , iaJQ/1'1!J Jr • being duly sworn, deposes and says that he is d of, ,ma (Title) _ c . .4 oc t\t Y1.L_ and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of \-A. exerOn , 2022. YVONNE PAPPEL NOTARY PUBLIC EAL) STATE OF COLORADO NOTARY ID 20144037038 MY COMMISSION EXPIRES SEPTEMBER 22, 2022 q.'L'Z"2o2f2 ►fir RafipeA Commission Expires N Mary Public B2200051 27 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT Bid Request No B2200051 2022 Material Crushing Contract for Weld County Pubhc Works I hereby attest that I am the person responsible within my firm for the final decision as to the price(e) and amount of this bid or, If riot, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: I The prlce(s) and amount of this bid have been arrived et independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other lirm or person who is a bidder or potential prime bidder. 2A Neither the prices) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount o1 the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any Intentionally high or non- competitive bid or other form of complementary bid. 38 No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4 The bid of my firm la made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any Intentionally high, noncom- petitive or other form of complementary bid. 5 My firm hes not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or samosa from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, In consideration for an agreement or profuse by any firm or person to refrain from bidding Or to submit any Intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 8 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been prordsed or paid cash or anything of value by any firm or person. whether In connection with this or any other project, In consideration for my lirm's submitting any intentionally high, nancompetRNe or other form of complementary bid, or agreeing or promising to do so, on this project. 7 I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firms bid on this project and have been advised by each of them that he or she has not participated In any communication, consultation, discussion, agreement, collusion, Or other conduct inconsistent with any of the statements and representations made In this affidavit. 8. I understand and my firm understands that any misstatement In this affidavit Is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submteslon of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. :Avivrtivr ir Of CCI•er.;woo Overlook Mine erra Steen 3:162022 T, N,I perations anager 21,4 •»N 11.110. ion ,,,, 00n -cony none IIf only o, l by 00 r'• Sworn to before me this `iipday of. c zo 7 2 (.ali MY 40 GLORIA ALEXIS NOTARY pupuC STATE OF COLORADO NOTARY ID z01640453I4 MISSION 110)1413 NbVFMatR 30. 2025 M .. , _,, •f f•.l t t � �� NOTE; This document must be signed In Ink. COOT Fenn we tens 82200051 23 Bid Schedule for Material Crushing Contract ITEM # ITEM PIT LOCATION QUANTITY* UNIT UNIT PRICE CONTRACT PRICE 203-01580 Trucking Materials to designated locations All Pits TBD HR $119.14 $119.14 207-00210 Removal of Topsoil & Overburden All Pits TBD CY $2.03 $2.03 304-09002 Surface Gravel Crushing Peters 313 Pit 100,000 TON $4.12 $412,000.00 304-09002 Surface Gravel Crushing Hokestra Pit 100,000 TON $4.12 $412,000.00 304-09200 Stockpiling Pit Run Material TBD Pit TBD CY $2.21 $2.21 626-00000 Mobilization (Crushing) Peters 313 Pit 1 LS $11,289.50 $11,289.50 626-00000 Mobilization (Crushing) Hokestra Pit 1 LS $11,289.50 $11,289.50 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Hokestra 1 LS $14,676.35 $14,676.35 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Peters 1 LS $14,676.35 $14,676.35 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) North Pierce 1 LS $14,676.35 $14,676.35 626-00000 Mobilization (Removal of Overburden and Stockpiling Pit Run) Koskie 1 LS $14,676.35 $14,676.35 Total $905,407.78 *Quantities are for information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. Prices will include all labor and equipment costs necessary to crush, stockpile and haul. The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment) B2200051 17 BID BOND PROJECT: 2022 Material Crushing Contract MERCHANTS BONDING KNOW ALL MEN BY THESE PRESENTS, that OVERLOOK MINE, LLC A COLORADO LLC as Principal, and COMPANY an Iowa ca P Iowa cam as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the 'Owner") in the penal sum of Five Percent of the Total Amount of the Bid--- Dollars ($ 6% of Bid Total ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admiristrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated March 18 , 2022 for the 2022 Material Crushing Contract as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B, Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect, IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 18th day of March , 2022 the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal OVERLOOK MINE, LLC Address 9358 Hilltop Rd ATTEST:f TNESS By: 82200051 By: Douglas J. Rothey, i 8ct Surety MERCHANTS BONDING OMPANY Parker, CO 80138 Address 7800 S. Elati Street, Suite 100 Littleton, CO 80120 . i MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint, individually, Cynthia M Burnett; Douglas J Rothey; Erik Ulibarri of Littleton and State of Colorado their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of STATE OF IOWA COUNTY OF POLK ss. August , 2014 . 11Q� �.r•�G C 41.a � . ; MERCHANTS BONDING COMPANY (MUTUAL) �el 0R4 .p s . e�•46PQ94 MERCHANTS NATIONAL BONDING, INC. • • 2003 /,c, • y 1933 ; c • ...... ..,rttl�T ••'°ti%••` • 6y iftn * • h.,..,nn,a President /‘--_ On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written, WENDY WOODY Commission Number 784654 My Commission Expires pyyP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on 18th day of this POA 0014 (7/14) March , 2022 cwt..It . 4,,,P y11%O1444 Tr 2003 c . .'7 �4a�Nn',I ....••♦ • • Q1it6 C414". • f42 �� -0- CI". • • 0 S 1933 •�1r. r Secretary Bond No. NCO 4094 PERFORMANCE BOND PROJECT: 2022 Material Crushing Contract KNOW ALL MEN BY THE PRESENTS; that OVERLOOK MINE, LLC (Name of Contractor) 9358 Hilltop Road, Parker, Colorado 80138 (Address of Contractor) called Contractor, and a ( Limited Liability Company) MERCHANTS NATIONAL BONDING, INC. (Name of Surety) 6700 Westown Parkway, P. O. Box 14498, Des Moines, Iowa 50306-3498 (Address of Surety) , hereinafter hereinafter called surety, are held and firmly bound unto Weld County, Colorado. P.O. Box 758. 1111 H Street. Greeley, Colorado 80632. hereinafter called Owner, in the penal sum of NINE HUNDRED FIVE THOUSAND* Dollars, ($ 905,407.78 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: 2022 Material Crushing Contract Bid No. B220051 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *FOUR HUNDRED SEVEN AND 78/100 BID REQUEST #2200051 Page 40 PERFORMANCE BOND PROJECT: 2022 Material Crushing Contract IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 5 day of seA , 2022. OVERLOOK MINE, LLC Not Applicable (SEAL) By (Contractor) Secretary vsa _ 12hKlOrgenal e1 (Witness as to Contractor) (Address) By _ (Address) ATTEST: Not Applicable (Surety) Secretary (SEAL) By fl 2n Witness a o Surety Cynthia M. Burnett 7800 South Elati Street, Suite 100 9358 Hilltop Road Parker, Colorado 80138 MERCHANTS NATIONAL BONDING, INC. By _ ttor =v-i act 7800 South Elati Street, Suite'100 ouglas J. Rothey (Address) (Address) Littleton, Colorado 80120 Littleton, Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID REQUEST #2200051 Page 41 Bond No. NCO 4094 LABOR & MATERIALS PAYMENT BOND PROJECT: 2022 Material Crushing Contract KNOW ALL MEN BY THE PRESENTS; that OVERLOOK MINE, LLC (Name of Contractor) 9358 Hilltop Road, Parker, Colorado 80138 (Address of Contractor) hereinafter called Contractor, and a (OlowattaapDattrisesttipcnatedbillagix Limited Liability Company) MERCHANTS NATIONAL BONDING, INC. (Name of Surety) 6700 Westown Parkway. P. O. Box 14498. Des Moines. Iowa 50306-3498 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado, P.O. Box 758, 1111 H Streets Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of NINE HUNDRED FIVE THOUSAND FOUR HUNDRED SEVEN AND 78/100 - Dollars ($ 905,407.78 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: 2022 Material Crushing Contract described in the Invitation for Bids, Bid No. B2200051 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID REQUEST #2200051 Page 42 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. OVERLOOK MINE, LLC Not Applicable (SEAL) By (Contractor) Secretary (Address) tractor By 9358 Hilltop Road s as to Contractor) (Address) ATTEST: Not Applicable (Surety) Secretary (SEAL) By Witness as to Sur Parker, Colorado 80138 Cynthia M. Burnett 7800 South Elati Street, Suite 100 (Address) (Address) MERCHANTS NATIONAL BONDING, INC. 7800 South Elati Street, Suite 100 Littleton, Colorado 80120 Littleton, Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID REQUEST #2200051 Page 43 MERCHANTS116\ BONDING COMPANY,µ POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually, Cynthia M Burnett; Douglas J Rothey; Erik Ulibarri; Kim Payton; Wesley J Butorac; Zach Rothey their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually foxed," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -In -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of June , 2020 �O�D�RPOq44°9 • y ▪ •• • 1933 ; . By • • STATE OF IOWA COUNTY OF DALLAS ss, On this 23rd day of June 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT) NATIONAL BONDING, INC. President POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Notary Public Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of POA 0018 (1/20) Secretary NOTICE OF AWARD PROJECT: 2022 Material Crushing Contract To: Ken Evans Overtook Mine, LLC 9358 Hilltop RD Parker, CO 80138 Project Description: The project consists generally of: • crushing and stockpiling approximately 200,000 tons of aggregate material for graveling of roads within the areas of Weld County. This project is not subject to Federal or State contract requirements. 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 $ 905.407.78 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 4th day of April , 2022 Weld County, Colorado, Owner By. JeffYork, Trucking & Mining Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by CVEV.A.M' 11 ,11�F. I LL (Contractor) Dated this day of ApL , 2022 By: �. Title: /7/2%Y� O. BID REQUEST #2200051 AIM Page 28 Entity Information Entity Name OVERLOOK MINE LLC Contract Name* 2022 MATERIALS CRUSHING CONTRACT Contract Status CTB REVIEW Entity ID' 40045338 Contract ID 5732 Contract Lead* JYORK Contract Lead Email jyorkePco.weld.co,us Contract Description* CRUSHING 200,000 TONS OF MATERIALS FOR GRAVEL ROADS 2022 Contract Description 2 Contract Type AGREEMENT Amount* $905,407.78 Renewable* YES Automatic Renewal nt PUBLIC WORKS Department Email CM- PublicWorksVweldgov.corn Department Head Email CM-PubiicWorks- DeptHead+rreldgov.com County Attorney KARIN MCDOUGAL County Attorney Email KMCDOUGALIDCO. WELD.CO. US ❑ New Entity? Requested BOCC Agenda Date* 04,18,£'2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04114/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be indu YES Bid/RFP #* 82200051 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 Effective Date Termination Notice Period 01/021202. Committed Delivery Date Renewal Date* 03,€ 1 5/ 2023 Expiration DDat� Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date ESTHER GESICK 04/1-3/2022 Approval Process Department Head JAY MCDONALD DH Approved Date 04/0712022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/18/2022 Originator JYORK Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04 0812022 04;'08/2©22 Tyler Ref # AG 041822 MEMORANDUM TO: Jay McDonald, Director of Public Works DATE: March 22, 2022 FROM: Jeff York, Materials Division Supervisor SUBJECT: 2022 Material Crushing Contract #62200051 Bids were opened on March 18, 2022 for the Material Crushing contract. The three bids received ranged from $905,407.78 to $1,456,116.90 The lowest bid was submitted by Overlook Mine(See attached bid tab). The low bid is within the 2022 estimated budget for this contract; therefore, it is Public Works recommendation to award the project to Overlook Mine LLC for a total amount of $905,407.78. Public Works Department has used Overlook Mine (Formerly Premier Earthworks INC) in the past and they are a reputable company. Approve of recommendation: r� Jay cQonald, Director of Public Works urtis , Dep ctor cc: Jay McDonald, Director of Public Works Curtis Hall, Deputy Director Elizabeth Relford, Deputy Director Mona Weidenkeller, Office Tech IV, Account payable/receivable Rob Turf, Purchasing Manager Rose Everett, Weld County Purchasing Christie Peters, Weld County Purchasing 2022 Material Crushing Contract (Proposal No. B220051) Item Description Overlook Mine A&S Construction Item Cost Co. Total Item J2 Cost Contracting Total Item Cost Total wa Trucking Material to Designated Locations 203-01580 Hr. TBD $ 119.14 $ 119.14 $ 120.00 $ 120.00 $ 108.00 $ 108.00 Removal of Topsoil & Overburden 207-00210 CY TBD $ 2.03 $ 2.03 $ 3.50 $ 3.50 $ 4.55 $ 4.55 Surface Gravel Crushing (Peters 313 Pit) 304-09002 TON 100,000 $ 4.12 $ 412,000.00 $ 6.00 $ 600,000.00 $ 6.75 $ 675,000.00 Surface Gravel Crushing (Hokestra Pit) 304-09002 TON 100,000 $ 4.12 $ 412,000.00 $ 7.00 $ 700,000.00 $ 6.25 $ 625,000.00 Stockpiling Pit Run Material 304-09200 CY TBD $ 2.21 $ 2.21 , $ 4.00 $ 4.00 $ 4.35 $ 4.35 Mobilization (Crushing)(Peters 313 Pit) 626-00000 LS 1 $ 11,289.50 $ 11,289.50 $ 22,000.00 $ 22,000.00 $ 35,000.00 $ 35,000.00 Mobilization (Crushing)(Hokestra Pit) 626-00000 LS 1 I $ 11,289.50 $ 11,289.50 $ 50,000.00 $ 50,000.00 $ 25,000.00 $ 25,000.00 Mobilization (Removal of Overburden and Stockpiling Pit Run)(Hokestra) 626-00000 LS 1 $ 14,676.35 $ 14,676.35 $ 20,000.00 $ 20,000.00 $ 16,000.00 $ 16,000.00 Mobilization Run)(Peters (Removal 313) of Overburden and Stockpiling Pit 626-00000 LS 1 $ 14,676.35 $ 14,676.35 $ 20,000.00 $ 20,000.00 $ 24,000.00 $ 24,000.00 Mobilization Run)(North (Removal Pierce) of Overburden and Stockpiling Pit 626-00000 LS 1 $ 14,676.35 $ 14,676.35 $ 20,000.00 $ 20,000.00 $ 28,000.00 $ 28,000.00 Mobilization Run)(Koskie) (Removal of Overburden and Stockpiling Pit 626-00000 LS 1 $ 14,676.35 $ 14,676.35 $ 20,000.00 $ 20,000.00 $ 28,000.00 $ 28,000.00 TOTAL $ 905,407.78 $ 1,452,127.50 $ 1,456,116.90 Difference from original bid No Errors $ - Errors $ 127.50 No Errors $ - WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverett a weldgov.com E -Mail: cmpetersCa)_weldgov.com Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: MARCH 18, 2022 REQUEST FOR: MATERIAL CRUSHING DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2200051 PRESENT DATE: MARCH 21, 2022 APPROVAL DATE: APRIL 4, 2022 VENDOR TOTAL OVERLOOK MINE PO BOX 9382 DENVER CO 80209 ABS CONSTRUCTION CO. 839 MACKENZIE AVE CANON CITY CO 81212 J-2 CONTRACTING CO. 105 CORONADO CT, UNIT A-101 FORT COLLINS CO 80525 $905,407.78 $1,452,000.00 $1,456,116.90 The project, in general, consists of crushing, stockpiling and hauling approximately 200,000 tons of aggregate material for graveling of roads within the central and north areas of Weld County Weld County has stockpiled 100,000 cubic yards of pit run material at the Peters 313 Pit, WCR 136.5, east of WCR 71, approximately % miles on south side of the road and 100,000 cubic yards pit run material at the Hokestra Pit, WCR 24.5 between WCR 9.75 and Frontage Road, on the north side of the road, to be used for this project PUBLIC WORKS WILL REVIEW THE BIDS. 2022-0880 0321 E -e -70n0 Hello