The URL can be used to link to this page

Browse Search

Home My WebLink About20231118.tiffCurti 9443 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Etulk Portland Cement Supply ExtenslonlReaewel DEPARTMENT: Public Wodms DATE: Apr.30, 2025 PERSON REQUESTING: Ron Graves, Supervisor. Road & Bridge Consiructlon Brief description of the problemlissue: The 2023 Agreement for Sulk Cement with CEMEX may be extended from May 17.2025 to May 18, 2028 as permitted by the contract. This would be the third year of a post ble three year term.rrit. The contract allows for yearly rate acluetmerda based on the current Engineering News Record (ENR) for Type One Portland Cement. CEMEX has requested en Increase of 5.08% which falls within the allowable ENR increase. The 2025 fee schedule is attached to this Pass -Around. CEMEX was awarded this contract in 2023 and the department hes been satisfied wilt thek performance. What options exist for the Board? Approve or deny the renews6extension. Consequences: Approval allows Putiic Works to have Bulk Cement available for road construction projects. Impacts: Denial would require this contract to be rebid and would delay 2025 eonslruction. Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: The 2025 budget for Bulk Cement is 11,547,100.00, Recommendation: Public Works recommends approval of the contract renewal/extension to CEMEX for 2025. uuoport RecolymendeUcn Schedule Work Session Other/Comments: Perry L Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Con � cc •. onkale (PtO p g� Sig 2023-1 k13 E iUD 1. CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CEMEX CONSTRUCTION MATERIALS SOUTH, LLC. This Agreement Extension/Renewal ("Renewal"), made and entered into ( 01 day of jArai, 70 1.5, by and between the Board of Weld County Commissioners, on behalf of the Weld County Depa ent of Public Works, hereinafter referred to as the "Department", and.Cemex Construction Materials South, 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. 2023-1118, approved on May 13, 2024. 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 will end on May 18, 2025. • The parties agree to extend the Original Agreement for an additional one-year period, which will begin May 18, 2025. and will end on May 17, 2026. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement 1. [The total new cost is $1,547,100.00 for term. • 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: Cemex Construction Materials South, LLC. David Rumsey Printed Name UD Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L. Bu hair MAY .. 4 2025 ATTEST: Weld County C erk to tev Board BY: Deputy Clerk to the Board 2023-111 2025 FEE SCHEDULE DESCRIPTION Portland Cement (Type IL) (Est. 4526 tons) UNITS Ton WCR 77 fr CR 106 to CR 114 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 1995 tons (Type IL). Mile WCR 29 fr SH 14 to CR 74 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 1521 tons (Type IL). Mile UNIT PRICE $ 186.80 $ 3.57 $ 4.48 WCR 13 fr CR 38 to CR 40 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 60 tons (Type IL). Mile $ 9.06 Brimsdale Shed (see Appendix A) Delivery (Roundtrip for 25 -ton load) Est. 250 tons (Type IL). Mile $ 3.81 Weld County Public Works Department (see Appendix A) Delivery (Roundtrip for 25 -ton load) Est. 700 tons (Type IL). Mile Standby Time (Est. 20 hours) $ 4.75 Hour $ 135.00 Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. CERTIFICATE OF LIABILITY INSURANCE I DATE(MM2/12/2024DDlYYYY) 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: N 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 Aon Risk Services Southwest, Inc,} Houston TX Office 1300 Past Oak Blvd., Suite 1400 Houston TX 77056 USA CONTACT pAX (AVC,Na E.O: (8663 283-7122 I W..NoI: (800) 363-0105 E•NAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL K INSURED Cemex Construction Materials South, LLC 10100 Katy Freeway Suite 300 Houston TX 77043 USA INSURER A: National Union Fi re Ins Co of Pittsburgh 19445 ...ERB: AIU Insurance Company 19399 MSURERc, XL Insurance company SE AA1121547 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570109728276 EVISION 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. NOTWITHSTANDINGoANY REQUIREMENT, TERM OR CONDffION 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. Limits shown are as requested W'BR TYPE OF INSURANCE ADOL 9TRIR INSD W VD POLICY NUMBER POLICY EFF �VQp1� VYY� POLICY EXP c�pa� YYY! LIMTS -—� -141-71C I COMMERCIAL GENERAL LIABILITY 995-26-6S 01/D1/2025 01'8IJ2026 EACH OCCURRENCE $4,500,000 I CLAIMS -MADE ❑X OCCUR SIR applies per policy tern 8 condi"ions •'.70, €T6RENTEO PREMISES (Ea mouoencel 54,500,000 I MED EXP (Any one person) Excluded r-71 PERSONAL 9 ADV INJURY $4,500,000 GEN, AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 54, S00,000 POLICY PRO 0 WC JECT 1 t PRODUCTS - COMP/O6 AGG 54,500,000 OTHER: A AUTOMOBILE LIABILITY 7620302 01/01/2025 01/01/2026 COMBINED SINGLE LIMB 000, 000 SS,000,000 il ANY AUTO AOS .I.a&Fidectl BODILY INJURY ( Per person) 1 OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS ONLY HIRED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) -i ONLY AUTOS ONLY j C X UMBRELLA LIAR X OCCUR uS00106717L125A 01/01/2025 01/01/2026 EACH OCCURRENCE 55,000,000 V EXCESS UAB CLAIMS -MADE AGGREGATE SS , 000, 000 DEBI X (RETENTION SS.000, 000 B WORKERS COMPENSATION 40$ EMPLOYER5 LIABILITY 023596655 01/0112025 01/01/2026 X i PER STATUTE 1 IEq 1 l ANYPROPRIEfoR/PARTNER; EXECUTIVE YAN 9 080772070 01/01/2025 01/01/2026 E L. EACH ACCIDENT 52, S00,000 OFFlCERIMEMBERExCLUDED? E (Mantlalory i+ NH) N/A AOS E. L. DISEASE -EA EMPLOYEE 52,500,000 II yyes, tlrAtl antler DESCRIPTON OE OPERATIONS below E.L DISEASE -POLICY LIMIT 52,500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHCLES (ACORD 101, Addtdonal Remarks Schedule, may he attached if more space is required, weld County, Colorado is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability olicies. A waiver of Subrogation is granted in favor of weld couny, Colorado, its associated and/or affiliated entitiesl succesors, ar assigns, its elected officials, rusees, employees, agents, and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability, umbrella Liability and workers compensation policie. CERTIFICATE HOLDER CANCELLATION Holder identifier : V u1 O 2 weld county, Colorado 1150 0 Street Greeley cD 80631 USA SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ExPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ®1988-2015 ACORD CORPORATION. MI rights reserved. The ACORD name and logo are registered marks of ACORD BOND NO. o252ot2 RIDER To be attached to and form a part of Bond No. _il2S2o12 executed by CEM EX ©NS T I;1 CfION MATERIALS SOUTH. LLC at Principal and by BERKLEY INSURANCE COMPANY as Surety, in favor of WELD COUNTY. COLORADO and effective as of May 8, 2023 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing BOND AMOUNT FROM: $962,811.00 TO: $1,547,100.00 Nothing herein contained shall vary, alter or extend any provision or condtion of this bond except as herein expressly stated. This rider is effective on the 18th day of May 2025 . Signed and sealed this _ 6th day of May 202 CEMEX CONSTRUCTION MATERIALS SOUTH, LLC Principal BY: 4469. ir BERKLEY INSURANCE COMPANY BY: Lisa A. Ward Surety ttorney-in-Fact No, BI -7870n -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALI, MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"). a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Lupe Tyke; Lisa A. Ward; Alexander Dam; Terri L. Morrison; Mist., Wright; Andrea M. Penaloza; Gina A. Rodriguez; Amanda George; Jennifer Moore; or Kevin Sedan of AON Risk Services Southwest. Inc of Houston, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal. acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 001100 U.S. Dollars (I,'.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,20 I 0: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute potters of attomey authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances. or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company. notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropnatc officers and its corporate seal hereunto affixed this dry ofC, ?024 • yuaWt'•. Attest Balder Insurance Company �'. 5 i By- T `� By 1#1414"--' .. - Philip S. ell J e Executive Vice President & Secretary Senior Vice President STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public m the State of Connecticut, this day of May _ 2024 , by Philip S. Welt and Jeffrey M. Hatter who are sworn to me to be the Executive Vice President and Secretary. and the Senior Vice President. respectively, of Bentley Insurance Company. WRAC lalNDBAREII NEI�1 A Notary Public, State of Connecticut 11VCOAM ISIONDPORU00000 CERTIFICATE L liestmdessipe k Assistant Serseery of BERKLEY INSURANCE COMPANY. DO HEREBY CERTIFY that the foregoing is a true, cornett and complete copy of the original Power of Attorney, that said Power of Attorney has not been revolted or rescinded and tat tLR authirrity of the Atromeyan-Fact set forth therein, who executed the bond or undertaking to which this Paws of A5tiorsiONaDar.bed. is to full force and effect as of rho date. under my hand and seal of the Company. this 6th day of May . 2025 - *I SF All Vincent P. Forte Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGCIaim@berklevsuretv.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional insurance Company Berkley Insurance Company 475 Steamboat Rd. Greenwich, CT 06830 Phone: (975) 775-5021 - Fax: (975) 775-5204 Continuation Certificate Bond Number:0252012 Surety I I Producer I Berkley Insurance Company AON RISK SERVICES SOUTHWEST, INC. 1300 Post Oak Blvd., Suite 1400 Houston, TX 77056 I Principal I I Obligee I CEMEX CONSTRUCTION MATERIALS SOUTH, WELD COUNTY, COLORADO LLC 1111 H Street 5134 Ute Highway Greeley, CO 80632 CO, Longmont 80503 CONTINUATION PERIOD I AMOUNT OF BOND -I Effective Date: 5118/25 Bond Amount: $1,547,100.00 Expiration Date: 5/17/26 DESCRIPTION 62300106/ Contract ID 6981 / 2023-1118 - 2023 Bulk Portland Cement in consideration of the renewal premium charged, the bond designated above is hereby continued in full force and effect for the period described, subject to all its terms and conditions, provided the liability under said bond and all continuations thereof shall not be cumulative. Dated: May 6.2025 Berkley Insurance Company (surety) By Lig:, VAre (Attorney -10w) Lisa A. Ward (File a copy of this certificate with your bond.) No. BI--1870n-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON. DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make. constitute and appoint: Lap Tyler; Lisa A. Ward; Alexander Dam; Terri L. Morrison; Misty Wright; Andrea AL Pennloza; Gina A. Rodriguez; Amanda George; Jennifer Moore; or Resin Arden of AON Risk Serrieer Southwest, One. o(Hoaslon, TX its true and lawful Attorney -in -Fact. to sign its name as surety only as delineated below and to execute, scat, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 tl.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. Phis Power of Attorney shall be construed and enforced in accordance with. and governed by, the laws of the State of Delaware. without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company: and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused diem presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2 day of May . 2024 , ovowre Attest: Berkley Insurance Company i �o SL r i By _ _ r : .�.a By ' ,,,, Philip Seta Jew Senior Vice President s. 4sav ,rExecutive Vice President & Secretary STATE OF CONNECTICUT ) ss: COL'ld"IY OF FAIRFIELD ) Sworn to before are, a Notary Public in the State of Camecticut, tins _ , day of_ May . 2024 . by Phdip S Welt and Jeffrey M Hager who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, eespectivety, of Brsldey Insurance Company. WRAC, Rl —" , _.1vL,'Notary Public, State of Coaaedicut 00NNICRI0UT MVC0MMI$N0N WIRE0btlaINS CERTIFICATE L of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a tnte, correct and complete copy of the original Power of Attorney, that said Payer of Attorney has not been revoked or rescinded and that the authority of the Attorney-ra-Fact set forth therein, who executed the bond or undertaking to winch this Power of A4r( bed, is in full force and effect as of this date. r my hand and seal of the Company, this 6th day of May . 2025 i SF.• 111� Vincent P. Forte Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnauirv@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berklevsuretv.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company POLICY NUMBER: 995-26-65 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. THIS ENDORSEMENT APPLIES TO LOSSES ARISING OUT OF A CONTRACT THAT YOU ENTERED INTO WITH A COUNTERPARTY THAT REQUIRES THE USE OF CG 2404 05/09. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1 O ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2025 forms a part of Policy No. 762-03-02 issued to CEMEX I NC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 444.04.4 AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted material of Insurance Services Office. Inc. with its permission. Page 1 of 1 POLICY NUMBER: 762-03-02 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CEMEX INC. Endorsement Effective Date: 01 /01 /2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUWED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Olnsurance Services Office, Inc., 2011 Page 1 of 1 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2025 Issued to CEMEX, INC. By A I U INSURANCE COMPANY forms a part of Policy No. WC 080-77-2071 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11190) Countersigned by Authorized Representative TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 01/01/2025 forms a part of Policy No. WC 080-77-2070 Issued to CEMEX, INC. By A I U INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2_0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: WC420304B (Ed. 6-14) ©Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Countersigned by Authorized Representative WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 01/01/2025 Issued to CEMEX, INC. By A I U INSURANCE COMPANY forms a part of Policy No. WC 080-77-2070 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. 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. This form is not applicable in Califomia, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2025 forms a part of Policy No. 762-03-02 issued to CEMEX INC . by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s) ") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n .3Q days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named. Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107 414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2025 forms a part of Policy No. 995-26-65 issued to CEMEX I NC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n .3Q days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after theFirst Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. ifmim„fet,t- Authorized Representative 107414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permissiorP.age 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2025 Issued to CEMEX, INC. By AI U I NSURANCE COMPANY forms a part of Policy No. WC 080-77-2070 LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2025 forms a part of Policy No. WC 080-77-2071 Issued to CEMEX, INC. By AI U I NSURANCE COMPANY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) SFCTTIf)N ANTI -COLLUSION AFFIDAVIT 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 authonzalien, 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 protect. fhe 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 of anything of value to any firm or person, whether n 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 era this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any Ilan or person, and has not been promised or paid cash or anything of value by any firm or person, whether kit connection with this or any other protect. in consideration for my firei s submitting any intentionally high, noncompetitive or other form of complementary bid. or agreeing or promising to do so. on this protect. 7. I have made a diligent inquiry of all members, officers. employees, and agents of my firm with responsibdides refitting 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 participeted 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. Conenutor's Arm ar w�+pa�y name 05/07/2025 Cemex Construction Materials South, LLC David Rumsey, Sales Manager Sworn to before me this any �uDiic day of. NOTE! This document must be signed in ink. 19 82100075 20 Fenn W-9 (Rm. March 2024) DepeRnert of the Treasury Internal Reverse Service Before you begin. For guidance related to the purpose of Form W-9. see Purpose of Form, below. 1 Name of onthyandvldusl. An entry is remind. (Fora.. proprietor or disregarded entity, enter the owner's rune an area 1, and animate txwinessrdlerepsrded amity's name on free 2a Request for Taxpayer identification Number and Certification Go to wrw.re.gov/FormW9 for ilstructlors and the latest Information. Give form to the requester. Do not send to the IRS. of fi 5 Come. Inc. 4 Business mme/dimparded entity name. If different nom stone. Comex Construction Materials South, LLC as Cheekthe appmprlete box for faders! mr etesedreabon of Ono ontay/Mdlvk st whose name is entered on 66 1. Check only sere of the following seven boxes. ❑ Individual nb proprietor IZI C caporatlon ❑ S corporation O Partonlup O Trust/estate ❑ LLC. Enter the tot...float. le (C r C oorponaion. S a S ammonium 7 a ParkrenNp) . . . Notr Check the 'LLC' box above and, In the entry spec., enter the epemprule code (C, S. or P) for ere tax ckselfkenon of the LLC. unless It fa adleregarded entity. A disregarded entity should noised chock the appropnde box for the tax damitleallon MI6 owner. ❑ Other (me inetruttlona) 30 non Ina 3e you checked •Pert narehlp" or "1.st/estate,• or checked 'UV and entered ^P^ es as tax densification, end you ere prodding ni. form to a partnership, trust, or estate in Mach you have an ownership Interest, check this box if you have any foreign partners, ovum , or beneficiaries. Sea bgevcdons ❑ 4 Exemptions (codes apply only to certain entlaas, not tndvidude: see Instruction. on page 4 Exempt payee cods W. 5 Exemption from Foreign Account Tax Compllence Act (FATC) reporting code Nam, E Oppws to accounts malnurned outside the United Slotes.) IS Address (number. street. end apt. or suds ncJ. See inrbucdons. 10100 Katy Freeway. Suite 300 a City, Mete, end ZIP code Houston, TX 77043 Requeeter'e nuns and addrem pptle e) 7 Uet accorant rwmber(.l hero (optional) um Taxpayer Identification Number N) 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 la generally your social security number (SSN). However, for a resident alien. sole proprietor, or disregarded entity, see the Instructions for Pan Lie., For other entitles, it is your empbyer identification number (EIN). If you do not have a number, see Now to get a TIN, later. Note: lithe account Is In more than one nano, see the instruotlone for fine 1. See aka What Name and Number To GHe the Requester for guldel0nes on whose number to enter. ® Certification Under penalties of perjury, I certify that: 1. The number shown on this farm its my correct taxpayer Idendfisatlon number (or I am walling fora number to be issued to me); and 2.1 am not subject to backup withholding because (a) I am exempt from backup withholding. or (b) I have not been notified by. 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 1 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 cadets) entered on this Mum (it any) indicating that I am exempt from FATCA reporting is correct. Cerdlfwtien 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 felled to report all interest and divdends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property. cancellation d debt. cordributions to an individual retirement arrangement (IRA), and, generally. payments other than interest and dividends, you are not required to slat the ratification, but you must provide your correct TIN. See the instruction. for Part II, later. Here I tl °' %,-7Z/.. //4/23 - Nadal security member �n or Employer tdeneleadon number f° 2 9 is! 5 0 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments refaced to Fonn W-9 and its instructions. such as legislation enacted after they were published, go to warm irs.goviFo►mW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. M LLC that lea disregarded entity 'thou id check the appropriate box for the tax classification of its owner. Otherwise. k should check the "LLC" box end enter its appropriate tax classification. New line 3b has been added to thls form. A flow -through entity M required to complete this Into to indicate that if has direct or andiron foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity h which k has an owtershp interest. This change Is Intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that I can satisfy any applicable reporting requirements. For example. a partnership that has any indirect foreign patrons may be required to complete Schedules K-2 and K-3. Seethe Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form M individual or entity (Form WA request.) who Is required to ire an information return 5th the IRS Is giving you 0th form because they Cat. No. 10231X Fonn W-0 (Rev. 3-2024) Contract Form Entity Information Entity Name* Entity ID* CEMEX CONSTRUCTION @00028839 MATERIALS SO LLC Contract Name* BULK PORTLAND CEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 9443 Contract Lead * RGRAVES Contract Lead Email rgraves@weld.gov Contract Description * BULK PORTLAND CEMENT SUPPLY FOR 2025 ROAD CONSTRUCTION PROJECTS. Contract Description 2 Contract Type* RENEWAL Amount* $1,547,100.00 Renewable * NO Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 05/08/2025 05/12/2025 Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Review Date 03/02/2026 Committed Delivery Date Renewal Date Expiration Date" 05/17/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 05/09/2025 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/09/2025 05/09/2025 05/09/2025 Final Approval BOCC Approved Tyler Ref # AG 051425 BOCC Signed Date Originator RGRAVES BOCC Agenda Date 05/14/2025 C on1-va ci-1: @0 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Bulk Portland Cement Supply Extension/Renewal DEPARTMENT: Weld County Pubic Works DATE: 4/10/2024 PERSON REQUESTING: Ron Graves, Ryan Axtman, Weld County Public Works Brief description of the problem/issue: The 2023 Agreement for the Bulk Cement Contract with CEMEX may be extended from May 17, 2024, to May 16, 2025, as permitted by the contract. This extension would be the second year of a possible three-year term limit. The contract also allows for yearly rate adjustments based upon the current Engineering New -Record (ENR) for Type One Portland Cement, which showed no increase from January 2023 to January 2024. Comex did not request an increase on material but showed a 13% increase for transportation costs. The Ce ex contract price for 2024 will remain within budget limits. What options exist for the Board? The Board may approve or deny the contract mdension/renewal Consequences: Approval of the renewal allows Public Works to continue with 2024 road construction. Impacts: Denial would require a new bid for this material and delay the 2024 construction schedule. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The budgeted amount for 2024 Bulk Cement is $1,547,100.00 Recommendation: Public Works recommends the contract renewal. Support Recommendation Schedule Place on BOCC Awn* Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine MF 64 - CL C.ohSe-hkNalGuL ) zo23-III$ 5/l3/2<-6 ,'%i3/°?/- ECG 00 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN r ! THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND CEMEX CONSTRUCTION MATERIALS SOUTH, LLC This Agreement Extension/Renewal ("Renewal"), made and entered into I C3., day of 24. by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hc�+e20inafter referred to as the "Department", and Cemex Construction Materials South, LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on May 17, 2023 (the "Original Agreement"), identified as document 02300106 / Contract ID 6981 / 2023-1118. 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 Agreement will end on May 18, 2024. • The parties agree to extend the Agreement for an additional one-year period, which will begin Man 18, 2024, and will end on Mav 17, 2025. The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract extension. 2. The 2023 Bid Schedule of the contact shall be replaced by the attached 2024 Fee Schedule, which is incorporated herein. 3. The 2024 Fee Schedule rates shall begin on May 18, 2024. • 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. VENDOR: Cemex Construction Materials South, LLC David Rumsey Printed Name }O Signature ATTEST: .�I 0• •�G.� O;e1 BY: BOARD OF COUNTY COMMISSIONERS WELD COUN •LORADO 0 Kevin D. Ross, Chair MAY 1 3 2024 _2D /1/O 2024 FEE SCHEDULE DESCRIPTION Portland Cement (Type IL) (Low Alkali) (Est. 4950 tons) UNITS Ton WCR 77 fr CR 100 to CR 106 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 1800 tons (Type IL). Mile WCR 22 fr US 85 to CR 31 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 850 tons (Type IL). Mile WCR 76 fr CR 33 to US 85 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 875 tons (Type IL). Mile WCR 76 fr CR 39 to CR 41 (See Appendix) Delivery (Roundtrip for 25 -ton load) Est. 475 tons (Type IL). Mile Mead Shed (see Appendix A) Delivery (Roundtrip for 25 -ton load) Est. 250 tons (Type IL). Mile Weld County Public Works Department (see Appendix A) Delivery (Roundtrip for 25 -ton load) Est. 700 tons (Type IL). Mile Standby Time (Est. 20 hours) Hour UNIT PRICE $177.80 $ 3.01 $ 6.83 $ 4.34 $ 4.34 $11.53 $ 4.47 $123.50 Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. CERTIFICATE OF LIABILITY INSURANCE DATErzrrar202(MIMDD/YYYY) 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 pollcy(les) must have ADDRIONAL 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 Ileu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office 1300 Post Oak Blvd., suite 1400 Houston TX 77056 USA p(�( lc r): UM, 293-7122 i (NC.No)O (500) 363-0105 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL* INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Cemex Construction Materials South, LLC INSURERS: XL Insurance America Inc 24554 10100 Katy Freeway Suite 300 INSURER C: AIU Insurance Company 19399 Houston TX 77043 USA INSURER D: INSURER E: INSURER F: VERAGE CERTIFICATE NUMBER: 570103041231 '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. Limits shown are as requested NNW TYPE OF INSURANCE�,` L^ SUER , POLICY NUMBER EXP LIMITS X COMMERCIAL GENERAL LIA0ILR0 119952665 ! EACH OCCURRENCE 54,500,000 I CLAIMS -MADE ❑X OCCUR SIR applies per policy terms & conditions DAMAGE, AE I 54,500,000 MED EXP (Any one person) Excluded PERSONAL B ADV INJURY S4,500,000 it AGGREGATE LIMITAPPUES PER: GENERAL AGGREGATE S4,500,000 POLICY OM {� :OC L_J PRODUCTS - COMP/OP AOG 14 , 500,000 OTHER: A AUTOMOBILE LIABILITY AL 7620302 01/01/2024 01/01/2025 COMBNED SINGLE LIMIT (Ea accIdenil $5,000,000 X ANY AUTO Aos BODILY INJURY ( Per person) OWNED -SCHEDULE. BODILY INJURY (Per accident) --- AUTOS ONLY HIRED AUTOS _ AUTOS ED NLY PROPERTY DAMAGE (Per amidenO .��. ONLY AUTOS � AUTOS ONLY B X ' UMBRELLALIAB X GGcun US0010671TL124A 01/01/202401/01/2025 EACH OCCURRENCE 15,000,000 EXCESS LUIS CLAIMS -MADE SIR applies per policy terns & Conditions AGGREGATE 55,000,000 DEO ( X DETENTION C WORKERS COMPENSATION AND EMPLOYERS. LIABILITY W0080772071 0I/01/2024 01/01/2025 X I PER STATUTE I hip - ANV PRDPflIETOR / PARTNER t EXECl7TIVE N C N/A CA WCOB0772070 01/01/2024 01/01/2025 E.L- EACH ACCIDENT S2,500,000 OFFIGER(MEMBEReXCLUDEO? (MandNory ,,,,,t,,,,,,,BS A05 E.L. DISEASE -EA EMPLOYEE S2,500,000 I( yes, deacrihe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S2,500,000 DEsecer KON OF OPERATIONS r LOCATIONS r VEHICLES (ACORD lei, Addlllonal Remarks Schedule, may Se anache0 I more specs is required) weld county, Colorado is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability poliies. A Waiver of Subrogation is granted in favor of weld County, Colorado, its associated and/or affiliated en4 esl successor, or assigns, its elected officials, trusees, employees, agentsr and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability, umbrella Liability and workers compensation policies. CERTIFICATE HOLDER CANCELLATION O 2 N 8 Weld county, Colorado 1150 0 Street Greeley C0'00631 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATKIN DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i ACORD 25 (2016/03) ©1966-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 995-26-65 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:O1 A.M. 01/01/2024 forms a part of Policy No. 762-03-02 issued to CEMEX INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (11 The coverage and/or limits of this policy, or (21 The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 8795O (9/14) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2024 forms a part of Policy No. 762-03-02 issued to CEMEX INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. iima:914,4- AUTHORIZED REPRESENTATIVE 62897 16/95) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 01/01/2024 forms a part of Policy No. WC 080-77-2070 Issued to CEMEX INC. By A I U INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS . 3. Premium: The premium charge for this endorsement shall be 2_0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: $INCLUDED WC 42 03 04 B (Ed. 6-14) Countersigned by Authorized Representative ®Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 01/01/2024 Issued to CEMEX INC. By A I U INSURANCE COMPANY forms a part of Policy No. WC 080-77-2070 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED INTO A CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES PAID OR CLAIMED: 1) PURUSANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR 2) BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO SUCH A CONTRACT. This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. 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. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2024 Issued to CEMEX INC. By A I U INSURANCE COMPANY forms a part of Policy No. WC 080-77-2071 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by ' Authorized Representative ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2024 forms a part of Policy No. 995-26-65 issued to CEMEX INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 32 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. 4.454 Authorized Representative 107414 (3/11) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 ENDORSEMENT This endorsement, effective 12:O1 A.M. 01/01/2024 forms a part of Policy No. 762-03-02 issued to CEMEX INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders withi n 15 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. itfam6,4a. Authorized Representative 1O7414 (3/111 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause. need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2024 forms a part of Policy No. WC 080-77-2070 Issued to CEMEX INC. By A I U INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attachingrclause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01/01/2024 forms a part of Policy No. WC 080-77-2071 Issued to CEMEX INC. By A I U INSURANCE COMPANY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer ernailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means tore insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. 14' AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) BOND NO.0252012 RIDER To be attached to and form a part of Bond No. 0252012 executed by and by CEMEX CONSTRUCTION MATERIALS SOUTH, LLC as Principal BERKLEY INSURANCE COMPANY as Surety, in favor of WELD COUNTY. COLORADO and effective as of May 8, 2023 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing BOND AMOUNT FROM: $1,140,451.60 TO: $962,811.00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 8th day of Mao , 2024 . Signed and sealed this 24th day of April 2024 , CEMEX CONSTRUCTION MATERIALS SOUTH. LLC Principal BY: 4.42 tr V.?. BERKLEY INSURANCE COMPANY BY: OL) / Lisa A. Ward Yin -Fact Surety No. BI -78701 -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Lupe Tyler; Lisa A. Ward; Michael J. Nerrocl; Alexander Dam; Terri L. Morrison; Misty Wright' Andrea M. Penaloza; Gina A. Rodriguez; or Amanda George of AON Risk Services Southwest, Inc. of Houston, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20(0: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and farther RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WlTSIESS WR1 EOF, the ban eaaaed these presents t .be sa;g and and adaated by its apparopriate officers and its corporate anal hereunto affixedfhb , tlay Novembe023 . Attest: By STATE OP CONNECTICUT ) ) am cowry,' or nnunzu. ) Nom to betas me, argot." Public is the State of Gcmuacticul,, this 9th and Jenny M. Kam who arc sworn to me Toe Pleal paa respeotively, of Barkley Insurance Company. State r , 2023 by Jim S. Lederman and a Senior Vino President, CSIRTIEICATE I, lea endm9igoed, Assistant Secretary* BERKLEY INSURANCE COMPANY DO HEREBY CERTIFY that the foregoing is a true, comet and a copy of the ottiaal Power of AtlemeR that;eeid Power of Attorney bee not beet revoked on rr„zcanded authority Ollie Atlarney-in-Peet set Rx@s therein, who executed he bond m undertaking to which this Power of is in full tree and effect as of tbia date. esy hand and seat of the Company, this24th_ day of r . ,,�-;G� �6 1,�. --� 2024 . Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGlnauirv@berklevsurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berklevsurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Berkley Insurance Company 475 Steamboat Rd. Greenwich, CT 08830 Phone: (975) 775-5021 - Fax: (975) 775-5204 Continuation Certificate Bond Number:0252012 1 Surety 1 Producer Berkley Insurance Company AON RISK SERVICES SOUTHWEST, INC. 1300 Post Oak Blvd., Suite 1400 Houston, TX 77056 I Principal 1 Obligee 1 CEMEX CONSTRUCTION MATERIALS SOUTH, WELD COUNTY, COLORADO LLC 1111 H Street 5134 Ute Highway Greeley, CO 80632 CO, Longmont 80503 CONTINUATION PERIOD AMOUNT OF BOND Effective Date: 5/8/24 Bond Amount: $ 962,811.00 Expiration Date: 5117125 DESCRIPTION 82300108/ Contract ID 6981/2023-1118 - 2023 Bulk Portland Cement in consideration of the renewal premium charged, the bond designated above is hereby continued in full force and effect for the period described, subject to all its terms and conditions, provided the liability under said bond and all continuations thereof shall not be cumulative. Dated: April 24, 2024 Berkley insurance Company (Surety) ff' ByAt.:(CPs 7 . GR (Attorney -In -fact) Lisa A. Ward (File a copy of this certificate with your bond.) No. BI -78701 -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Lupe Tyler; Lisa A. Ward; Michael J. Herrod; Alexander Dam; Terri L. Morrison; Misty Wright; Andrea M. Penaloza; Gina A. Rodriguez; or Amanda George of AON Risk Services Southwest, Inc. of Houston, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 80/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recogaizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS W13 EOF, the has °ahead these presents he sigamd and Wasted by its appropriate dams and its agorae seal human affixed this�day of November.. l)23 Mot Esccative Vice President 8 Seamtmy STATE OP GONIQEGTlCOT say COUNTY OF FAQ ) Sworn to mare use, a Notary Public iA the Slats of Connecticut, this 9th day of pvember , 2023 , by ha. S. Lades and hey Irk Wan whn are taws. On tae b0 be the eve Vice Pnsi aand Senior Vice President, respectively, afBeddey Ineu canoe Com eny. CERTNICATIC l7 t etuidausignad, Assistant Secretary of BMX INSCUW4CB C0MPAN1Y, DO HEREBY CRR11FY that the fttregaittg is a lane, correct tad endplate copy of the original Power of Attorney; that said Power of Manley hats not been revoked or rescinded authority of the A1coensyin-Pact ad Bah *win. mho executed the bond or undertaking In which this Power of is is full forte and eect as of this date. ter hand and seal ofthe Company, this24th dgr aA trl�cL�C�`; i�� .2024 . Vincestr. Porto Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGInciuiry@berkleysuretv.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGCIaim@berklevsuretv.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Contract Form Entity Information Entity Name* Entity ID* CEMEX CONSTRUCTION @00028839 MATERIALS SO LLC Contract Name * BULK PORTLAND CEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 8108 Contract Lead * RGRAVES Contract Lead Email rgraves@weldgov.com Contract Description* BULK PORTLAND CEMENT FOR 2024 ROAD CONSTRUCTION. Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date RENEWAL PUBLIC WORKS Date* 05/02/2024 05/06/2024 Amount* Department Email $1,547,100.00 CM- Will a work session with BOCC be required?* PublicWorks@weldgov.co NO Renewable* m YES Does Contract require Purchasing Dept. to be Automatic Renewal Grant IGA Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID included? 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 02/03/2025 Renewal Date* 05/16/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 05/03/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/13/2024 Finance Approver CHERYL PATTELLI Legal Counsel ADRIA SCHIEL Finance Approved Date Legal Counsel Approved Date 05/06/2024 05/08/2024 Tyler Ref # AG 051324 Originator RGRAVES WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & CEMEX CONSTRUCTION MATERIALS SOUTH, LLC THIS AGREEMENT is made and entered into this I7' day of May, 2023, 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 CEMEX Construction Materials South, LLC , a Delaware Corporation registered to do business in Colorado, whose Principal office address is 1720 Centrepark Drive East, West Palm Beach, FL 330401 and billing address is 10100 Katy Freeway, Suite 300, Houston, Texas 77043, hereinafter referred to as "Contractor" WHEREAS, Contractor to supply and deliver Bulk Portland Cement to Weld County construction projects 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. B2300106" 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 2. 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 Exhibits A and B 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 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 CoY1Sei1h1 5/t1/23 ct:P oluAte-, 2023-I11�l� EC -A0(50 requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement The material and/or equipment shall be delivered to the location(s) specified herein 3. Term The term of this Agreement begins upon the date of the 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 In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or 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 This Agreement shall commence approximately May 2023 and continue in full force for one year At the option of the County, the Agreement may be extended for up to two (2) additional years Increases in the Cost may ,be negotiated for subsequent renewal of the second and third additional one-year periods 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 (ENR) for the Cost Index for Denver Portland Cement (Type 1) That increase will be based on the percentage change from year to year 4. Termination County has the right to terminate this Agreement, with of 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 - 5. 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. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $1,140,451.60, 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 or materials or equipment it supplies 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 or 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 front 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 shalt any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees 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 B provide proof thereof when requested to do so by County. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of 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 la 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. 9. 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. 10. 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. 11. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor 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. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor 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 period after said goods are first supplied to Weld County. 12. 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 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 materials, equipment, or service 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. 13. 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-I 7.5-102(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 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. 14. Insurance and Indemnification. General Requirements: Contractors 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. Contractors 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 thatthe County will be notified ofany induction, loss, or modification to coverage. Such notice shall be sent 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 (1 0) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment ofany deductible or self -insured retention. County reserves the right to require Contractor 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 coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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 materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shalt, 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 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 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 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. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor 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. Contractors 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 Contractor 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's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor'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 coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that al I subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. 15. 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. 16. 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. 17. 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. 18. 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 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 (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: CEMEX Construction Materials South, t.L.C Attn.: David Rumsey Address: 5134 Ute Highway, Longmont, CO 80503 E-mail: DavidB.Rumsey@cemex.com Phone: 561-312-5385 County: Name: Ronald E. Graves Position: Weld County Road & Bridge Construction Supervisor Address: 11 l t H Street, Greeley, Co 80632 E-mail: rgraves@weldgov.com Phone: 970-400-3787 19. 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. 20. 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. 21. 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver 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 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Attorneys 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. 30. 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. 31. Official Engineering Publications: Contract Professional 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 Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 32. Compliance with Colorado Department of Transportation Regulations and Standards Contract Professional 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 Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional 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. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. 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. 74' IN ITNESS WHEREOF, the parties hereto have signed this Agreement this /7 day of , 2023. CONTRACTO CEMEX Construction Materials South, LLC By:% + Date May 8, 2023 Name: David Rumsey Title: Sr Sales Manager WELD COUNTY: C� ATTEST: ditAtA) '&40;‘,k, Weld .o t Clerk tote : oard BY: Deputy Cl k to he B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair MAY 1 7 2323 020,1S -111g WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE BULK PORTLAND CEMENT FOR 2023 (with options for 2024/2025) April 2023 for Weld County Public Works Road & Bridge Construction 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-400-3750 BID REQUEST #B2300106 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the most recent edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control construction of this project BIDDING REQUIREMENTS Notice to Bidders Invitation for Bids Instructions to Bid Insurance Requirements Project Information Project Special Provisions Index Project Special Provisions Weld County Contact Terms and Conditions Bid Schedule Acknowledgement of Bid Documents Anti -collision Affidavit IRS Form W-9 Supply Bond 3 3-4 4-9 9-10 11 12 13-15 16 16 17-18 19 21 22 23 APPENDICES Appendix A — Project Location Map 20 BID REQUEST#62300106 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: APRIL 4, 2023 BID NUMBER: #B2300106 DESCRIPTION: 2023 Bulk Portland Cement DEPARTMENT: 32300 ROAD & BRIDGE CONSTRUCTION BID OPENING DATE: April 17, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: 2023 Bulk Portland Cement (with possible two, one-year renewals) Bids will be received until: April 17, 2023 at 09:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on April 17 at 09:30. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley. CO 80631. Phone number: 720-439-5261 Phone Conference ID: 644174532 PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9. 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 Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County: A. Emailed bids are required. Email bids to bids@weldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. BID REQUEST #B2300106 B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. 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 be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail; and signed by the Bidder. 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 for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions. specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books. stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids. to waive any informality in the bids, to award the bid to multiple vendors. and to accept the bid 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. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid 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. 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 those funds will be available to fund the contract BID REQUEST #B2000104 Page 4 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 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 BID REQUEST #B2000104 Page 5 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 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. 0. Warranty: The successful bidder warrants those 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. BID REQUEST #B2000104 Page 6 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 ail 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 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 nonexclusive, 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. BID REQUEST #62000104 Page 7 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: Upon the successful bidder's successful completion of the service, 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 County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: 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. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. 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. 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 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 Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require 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 Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 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 Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. BID REQUEST #B2000104 Page 8 INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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 Contract Professional in its 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 Contract Professional 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 Contract Professional 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 Contract Professional 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 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 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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence. $1,000,000 general aggregate. $1,000,000 Personal Advertising injury Automobile Liability: 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. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 BID REQUEST #82000104 Page 9 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. Proof of Insurance: County reserves the right to require the 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, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, 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 #82000104 Page 10 PROJECT INFORMATION: Purpose The project in general consists of supplying and delivering bulk Portland cement to various Weld County Public Works projects sites during the 2023 construction year. Product Delivery Location(s): A map showing the project location can be found in this document on page 21, Appendix A. 1) Two Rivers Parkway from SH 60 to 37° Street 2) WCR 77 from SH 14 to WCR 100 3) WCR 82 from SH 14 to WCR 51 4) Weld County Public Works (1111 H Street, Greeley CO, 80632-0758) Scope and General Specifications: The project in general consists of supplying and delivering bulk Portland cement to certain Public Works projects sites during the 2023 construction year. Public Works estimates the total volume required will be between 4,500 — 5,700 tons for various locations within Weld County. The cement shall be delivered to the job site with a tanker truck capable of transporting approximately 25 tons of cement and transferring or pumping material into a cement spreader truck. WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The most current edition of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Index Page (March 2023) Revision of Section 101 - Definition of Terms (March 2023) Revision of Section 106 — Delivery (March 2023) Revision of Section 106 - Standby Time (March 2023) Revision of Section 701 — Portland Cement (March 2023) Page 12 13 14 15 16 BID REQUEST #B2000154 Page 11 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 — Definition and Terms is hereby revised for this project as follows: Subsection 101.28 Department delete first sentence and replace with Weld County Department of Public Works. A department within the Government of Weld County Colorado Subsection101.29 Replace Chief Engineer of the Department with Director of Weld County Public Works Department Subsection101.39 Laboratory — replace Department with Weld County Subsection 101.58 Replace Regional Transportation Director with Director of Weld County Public Works Department Subsection101.76 Replace State with Weld County All references to State, CDOT and the Department of Transportation shall be defined as Weld County acting directly on or through its duly authorized representative or agent. The remainder of this page left blank intentionally BID REQUEST #B2000104 Page 12 REVISION OF SECTION 106 DELIVERY Section 106 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Delivery of the material shall conform to all federal, state, and local load requirements for highway transport loadings. Delivery shall include equipment and personnel necessary to transport bulk cement to the project site including the transfer of the bulk cement into Owner's cement spreader equipment which is capable of holding 25 tons when empty plus or minus 500 lbs. METHOD OF MEASUREMENT Delivery shall be measured by the miles traveled for a round trip delivery from plant location to project site. Delivery shall be based upon an approximately 25 ton/truck transport. Delivery of more than 25 ton per load will require additional time to unload and payment for standby time may not apply. CANCELLATION OF SCHEDULED DELIVERY Normal contract mileage will be paid by Owner for scheduled deliveries if the delivery is not cancelled at least 2 hours before the scheduled time of delivery. If the load is cancelled at least 2 hours before the scheduled delivery no delivery charge will be paid by the Owner. The contractor will provide a contact number to Owner to cancel deliveries that is available at least 2.5 hours before the first scheduled delivery of that day. BASIS OF PAYMENT Payment will be made at the contract unit price per mile. Pay Item Delivery (Roundtrip) (Project) Est. tons (See Appendix A) Pay Unit Mile The remainder of this page left blank intentionally BID REQUEST #B2000104 Page 13 REVISION OF SECTION 106 STANDBY TIME Section 106 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Standby Time shall for those hours beyond the first 1.5 hours from the requested or scheduled arrival time by the Owner to job site. METHOD OF MEASUREMENT Standby Time will be measured by the hour beyond the first 1.5 hours of requested or scheduled arrival to the job site. Arrival time shall be coordinated with the Owner and no standby time will be paid for if delivery is 15 minutes after the scheduled arrival time as requested by the Owner. BASIS OF PAYMENT Payment will be made at the contract unit price per hour or as agreed to on -site by the Contractor and Owner and shall include equipment and personnel. Pay Item Pay Unit Standby Time Hour The remainder of this page left blank intentionally BID REQUEST #02000104 Page 14 REVISION OF SECTION 700 PORTLAND CEMENT Section 701.01 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Portland Cement shall conform to the requirements of the following specifications for the type specified. MATERIALS Portland Cement shall comply with the latest specifications (ASTM C150 or AASHTO M85). METHOD OF MEASUREMENT Portland Cement will be measured by the ton. BASIS OF PAYMENT Payment will be made at the contract unit price per ton for the material delivered to the job site and incorporated into the work and verified by weigh tickets or as approved by the Owner. Pay Item Pay Unit Portland Cement (Type L1) Ton Low Alkali Portland Cement (Type L1 HS) Ton High Sulfite Resistant The remainder of this page left blank intentionally BID REQUEST #62000104 Page 15 Weld County Contact: Questions related to the project and procedures should be directed to: Ryan Axtman — Construction Inspection Supervisor Weld County Public Works 970-400-3743 raxtman@weldgov.com Ron Graves — Road and Bridge Construction Supervisor Weld County Public Works 970-400-3787 rgraves@weldgov.com Terms and Conditions: All vendors will be required to sign Weld County's Materials Agreement. The Agreement shall commence approximately April 2023 and continue in full force for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one-year periods. 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 (ENR) for the Cost Index for Denver Portland Cement (Type 1). That increase will be based on the percentage change from year to year. 81D REQUEST #B2000104 Page 16 2023 BID SCHEDULE DESCRIPTION Portland Cement (Type L1) (Low Alkali) (Est. 3,750 tons) UNITS Ton Portland Cement (Type L1 HS) (High Sulfite Resistant) (Est. 500 tons) Ton Two Rivers Parkway Protect (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 698 tons Mile WCR 77 Project (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 2500 tons (Type L1) Est. 500 tons (Type L1 HS) WCR 82 Project (see Appendix AZ Delivery (Roundtrip for 25 ton load) Est. 550 tons Mile Mile Mile Weld County Public Works Department (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 700 tons Mile Standby Time (Est. 20 hours) Hour UNIT PRICE $ $ $ Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. BID REQUEST #B2000104 Page 17 Plant Location (List the address from where the cement will be delivered from) Location 1 Plant Name: Physical Address: City, State: Location 2 Plant Name: Physical Address: City, State: Please note below if Plant locations have limitations on availability or special requirements BID REQUEST #B2000104 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. C W-9 (page 23) Li Anti -Collusion Affidavit. (page 22) H Bid Schedule (pages 18-20) The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2000104. 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 the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 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. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # P RINTED NAME AND TITLE S IGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE* * WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION N UMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 11. BID REQUEST #B2000104 Page 19 I • • a • • • • • 1 • --L- • ► • I I WCR $O4 1 .s-• • I I • 1 1 • • 1 1 I 1 I 1 1 • I I I • •I • I 1 I •/ I I I • • I----•—•. •••1•.------I • I I I I 1 I wcpI I • 98 • I I • • 1 V 1 1CC • • MAIN *STREET r• • • . - ■ / • • • H 1•' h .•- a WS 1 1 1 1 1 1 1 • V ' <_ 2 SC* r • a • 1 1 I • • I I • I I I • I L • 1 I • I I • 1 I • WC R I I / • L I 94• I 1 • • I 4 I( • 1 1 I • I WCIn 32 -- ----- 1 I • • • I h 2023 CEMENT MAP I - - - ..... a•-- - - - - WCR 100 1 1 ► • • • • 1 i • 1 • I%Y:I{ 84 I 1 .•• • • •n a 1(X • / It.) •• I3 • 1 a as SS is- • afSAO • •. a --- - -_t 0 51M I • I I 1 war 41 i I I ! /. 7c� • • n 1 76 1. ' I U I - - _ _ . _ - - - - - - - - I • � I II• 4 1 I I I • I • • yiHEE- I • 1 ri I 1 cr ( I I • U y :? • .'• I • • , I aI , _,, '� • x • f ' r I I 5 j I I r 1 • • I I• 1 I I 1 I ---- --- lac33‘:%1 :-wv Tat sa i,_ai r . . , s • (xNE STREET • 1- - — • • -- '- `3 1 S ie 243•CJA tJ • • I ft Q 6 fl .� u1c-Tf�l� i .et I mast • • at VCR 90 4 - 1 • • - 1 1 1 $ 1 • 1 1 • 1 1 • Mason 1 1 - - View - - • - - L . a - Road e- • � • • 1 • 05 -..•--I • • I 1 • WCR • • i. I • 70 1 • I 1 I--- ---• -1.- . • L L - I 1 r Q i I �' , • • s'' . t -.--a4-a ai.��ll.�esJ'_ '!L� Rs ri.r 1 • • • 1 eoS I KtA / • • L--- --1..•_� _- L•------• wS •--L•L .•a 64 t • • • S - - - • i6 �--- -S4! I I 1 1 _ I UM St dit .� ( 17•n Si Arthart•u •►p4 a I lam. m N � `'°_5j a � ' 'TOOCIAY •tit. _ I 1 I • WC -WCR 49 •an I t I. V 46 3 ,., 3 - -t• - --'Cel• •H 1 46 -)• • I ' I • 1 'NCR I WCR 1 ct so 1 1 i 1 I 1 I I • 1 WCR' • 4_L - - 1 - L---•- • --4---J 1 • 1 •--- 44 1 'NCR 39 L I I 1 • I 1 I I I I I I I I ----..----L'---L-- -t- - I I I I • I 1 I I I • 2023 HRP/LVR CEMENT MAP Legend is Two Rivers Parkway • WCR /I el CO 14 to CR 92 & CR 96 to CR 100 slag WCR 77 ft CR 94 to CR 96 �`•NCR82IiCO 14 1c CR 51 _- tis N • • 1 I I I • I I I sANCIv, 'MOLLS 1 • ri w • I 1 1 1 I I • 1 I 1 1 1 I 1 1 WCR 14 WCR au WCR 68 2023 Proposed Projects: f . Iwo Riven ParLK ay - 689 Ton s 2. \VCR 77fr(0 I.1 toCR92&C.R96toCR100- 2500 Tons 3. %% CR 77 lie (.'R 92 to (-K 94 - 500 ions* 4. %%CR 142 ha CO 14 toCR51-S5OTons 5. WC Public %4ork - 700 Tons 4115 Cement • i • 1 - - • I I .0 • - -- L- - - I • I I I I • I • - I I 1 • I • S • • CR 40 I I I •t- I I I I 1 1 I • • NCR 40 1 - - - 1- - - ♦ • I vYl R 501 I • • Weld County PW 1111 H SL Greeley. CO 80631 WC Public Works Other I Iignway Paved Gravel Municipal Paved Municipal Gravel 4• • • • • • • • • • 1 14 I- I 1 1 1 4 1 1 • .�-N;a �11•w.S'� 7 BID REQUEST #B2000104 Page 20 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responslble 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. 26. 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. 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 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 o1 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 ontract. 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. Conlraclar's lirtn or company name 6y I Dale Title #rnl runv3cbfs Aen orcompany name (tt loim venfum) ESy date TO. Sworn to before me this day of, 20 Notary Public My commission e�ires NOTE: This document must be signed in ink. COOT Form N O6 BID REQUEST #B2000104 Page 21 Form W-9 eov. Augud 2.. IkpabmtdottheTieasuy tritatnmt ttavarw,estrvlca Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Name (as shown an yeti income tax return) Weirton tam...gar. etidry mama, ddrftaalit home.. co Check appropriate box f« federal tax classification: a' ❑ Individual/sole proprietor ❑ C C«p«aeon ❑ S Corporation ❑ Parinerehip ❑ Tn./estate 1 [� Limited liability company. Enter the tax classification (C. corporation, S=S corporation, P -partnership) ► 27 i°! ❑ Other(see frfaduc11aM)► Exemptions Exempt payee (see instructions): code (if any) from FATCA reporting Address (number, street, and apt. «suite no,) 1. Roqumdttr'a name and address (optionafi to �, stale, rpul ZB+rxafo g Uet.auuntlt ar bef(d) hate (pphefkNj • Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name" line Spm r to avoid backup withholding. For individuals, this is your soda) security number (SSN). However, fora 1 resident alien, sde proprietor, or disregarded entity, see the Part I instructions at page 3. For other H wt eta entities, tt is your employer rizeficatton number (EIN). h you do not have a number, see o o g 77N aft page 3. Note. lithe account is In more than one name, see the chart on page 4 for guidelines m whose number to enter. inn Certification Under penalties of perjury, I certify that: i, The number shown on this farm is my correct taxpayer identification number (or I am waiting fora number to be issued tome), and Emptoyor Ido.fi sim muiber I f�- I am not subject to backup withhdding because: (a) I am exempt from backup withholdng, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result or a failure to report lI interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withhddng, 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 ()f any) indicating that I am exempt from FATCA reporting is correct. CertHication instructions. You must cross out item 2 above i1 you have been nat'died by the IRS that you one currently subject to backup withholdng because you have failed to report all interest and dividends on yew 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 r, 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 instruMlons on page 3. Sign 1 awn.. of Here us. parses► Dar► General Instructions Section references are to the Internal Revenue Cade unless Oth«wise noted. Future e'encesere The IRS has «eared a page .1. IFtS.gov 1« information ab«AFarm W-9, ai wwwirs.govlw9. Information abrxany future Aevebpmenls affecting Form W-9 (such as legislation enacted attar we release il) wNl be polled on that page. Purpose of Form son who is regtired to file an information return with the IRS must obtain your wrceuN taxpayer ideni iTr numb« (itM to report, for example, income paid to you, paym«tls made la you in set0ement of payment card and third party network transadians, real estate transactions, mortgage merest you paid, acr.111:n;Id « abandonment of secured property, cancellation of debt, « confributions yttu made Use F«m W 9 ody rf you are a U.5, parson (including a r esidoni alien), to provide your correct TIN to the person requestrlg it (the requester) and, when applicable, lo: 1,,,C=. the T1N you are giving is wired. you are waiting f« a number to 2. Cede, that you are not subject to backup withholding, or 3. Claim exemption Item backup withholding d you area U.S. exempt payee II applicable, you are also certifying Otat as a U.S. p«sin, your allocable share of any parts«ship inc«ne nom a U.S. trade «business is not subject to the withholding tax en foreign parts«, share of effectively connected income, and 4. Certfy that FATCA codes) entered on this form (if any) indicating that you are exempt (ram the FATCA rep«ling, b correct. Nola. tf you are a U.S. person and a request« gives you a fame Oth« than F«m W -9 m request yore TIN, you must use the request«'s form if it is substantially similar io this Frxm W-9. D.fniian of a U.5. person F« federal tax purposes, you are rons...1 a U,S. parson "d you are: • An individual who is a U.S, citizen or U.S. resident alien, • A parm«shat, c«p«afion, company, «association created «organized in the Unclad States « tnd« 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 rna for parbrrahjpa. Partnerships that conduct a trade « business n the United Slates are gem«ally required to pay a w�lhhdding lax under section 1446 txt any faegn partners' share of elkchvoty connected taxable exwpre frrxn such Ixtrrnasa. Errfhnr, in eedain cases whxe a Form W-9 has not bean tatxlived, the rules under section 1446 require a pails«drip to presume drat a partner is a foreign person, and pay dissection 1446 withholding tax. Therefore, if you are a US. person that is a pads« in a partnership conducting a trade « business in fire Unaed States, provide Fonn'v to the partnerstp to establish your US..status and avoid section 1446 withholding on yarn share of partnership income. Cat. No. 10231X Form W-9 (Rev, 8-2013) BID REQUEST #B2000104 Page 22 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Supplier), (here insert full name and address or legal title of Supplier) as Principal, (hereinafter called the and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the day of , 20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title Attach valid Corporate Power of Attorney Form (Witness) BID REQUEST #82000104 Page 23 PROJECT INFORMATION: Purpose The project in general consists of supplying and delivering bulk Portland cement to various Weld County Public Works projects sites during the 2023 construction year. Product Delivery Location(s): A map showing the project location can be found in this document on page 21, Appendix A. 1) Two Rivers Parkway from SH 60 to 37. Street 2) WCR 77 from SH 14 to WCR 100 3) WCR 82 from SH 14 to WCR 51 4) Weld County Public Works (1111 H Street, Greeley CO, 80632-0758) Scope and General Specifications: The project in general consists of supplying and delivering bulk Portland cement to certain Public Works projects sites during the 2023 construction year. Public Works estimates the total volume required will be between 4,500 — 5,700 tons for various locations within Weld County. The cement shall be delivered to the job site with a tanker truck capable of transporting approximately 25 tons of cement and transferring or pumping material into a cement spreader truck. WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The most current edition of the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Index Page Revision of Section 101 - Definition of Terms Revision of Section 106 — Delivery Revision of Section 106 — Standby Time Revision of Section 701 — Portland Cement (March 2023) (March 2023) (March 2023) (March 2023) (March 2023) Page 12 13 14 15 16 B2300106 11 REVISION OF SECTION 106 DELIVERY Section 106 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Delivery of the material shall conform to all federal, state, and local load requirements for highway transport loadings. Delivery shall include equipment and personnel necessary to transport bulk cement to the project site including the transfer of the bulk cement into Owner's cement spreader equipment which is capable of holding 25 tons when empty plus or minus 500 lbs. METHOD OF MEASUREMENT Delivery shall be measured by the miles traveled for a round trip delivery from plant location to project site. Delivery shall be based upon an approximately 25 ton/truck transport. Delivery of more than 25 ton per load will require additional time to unload and payment for standby time may not apply. CANCELLATION OF SCHEDULED DELIVERY Normal contract mileage will be paid by Owner for scheduled deliveries if the delivery is not cancelled at least 2 hours before the scheduled time of delivery. If the load is cancelled at least 2 hours before the scheduled delivery no delivery charge will be paid by the Owner. The contractor will provide a contact number to Owner to cancel deliveries that is available at least 2.5 hours before the first scheduled delivery of that day. BASIS OF PAYMENT Payment will be made at the contract unit price per mile. Pay Item Delivery (Roundtrip) (Project) Est. tons (See Appendix A) Pay Unit Mile The remainder of this page left blank intentionally 82300106 13 REVISION OF SECTION 700 PORTLAND CEMENT Section 701.01 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Portland Cement shall conform to the requirements of the following specifications for the type specified. MATERIALS Portland Cement shall comply with the latest specifications (ASTM C150 or AASHTO M85). METHOD OF MEASUREMENT Portland Cement will be measured by the ton. BASIS OF PAYMENT Payment will be made at the contract unit price per ton for the material delivered to the job site and incorporated into the work and verified by weigh tickets or as approved by the Owner. Pay Item Pay Unit Portland Cement (Type L1) Ton Low Alkali Portland Cement (Type L1 HS) Ton High Sulfite Resistant The remainder of this page left blank intentionally 82300106 15 2023 BID SCHEDULE DESCRIPTION Portland Cement (Type L1) (Low Alkali) (Est. 3,750 tons) UNITS Ton Portland Cement (Type L1 HS) (High Sulfite Resistant) (Est. 500 tons) Ton Two Rivers Parkway Proiect (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 698 tons Mile WCR 77 Project (see Appendix AI Delivery (Roundtrip for 25 ton load) Est. 2500 tons (Type L1) Est. 500 tons (Type L1 HS) WCR 82 Project (see Appendix A) Delivery (Roundtrip for 25 ton load) Est. 550 tons Mile Mile Mile Weld County Public Works Department (see Appendix Al Delivery (Roundtrip for 25 ton load) Est. 700 tons Mile Standby Time (Est. 20 hours) Hour UNIT PRICE $ 177.80 $ 177.80 $ 3.84 2.97 $ 2.97 2.99 3.90 $ 123.50 Appendix A includes a map of the anticipated project locations as well as an estimate tonnage amount for each site. This information is included as information only and is subject to change without modifications to the approved bid amounts. 82300106 17 ACKNOWLEDGEMENT OF BID DOCUMENTS BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 9:00 AM on Atoll?. 2023: 1) Pages 11 thru 24 of the Bid Specifications. 2) W9, if applicable. * 3) Anti -Collusion Affidavit. 4) Any future Addenda must be completed. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to Include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #62300106. 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 the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 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. FIRM Cemex Construction Materials South, LLC BUSINESS ADDRESS 10100 Katy Freeway CITY, STATE, ZIP CODE Houston, TX 77043 TELEPHONE NO 713-650-6200 FAX TAX ID # 72-0296500 PRINTED NAME AND TITLE David Rumsey, Sales Manager SIGNATURE L' E-MAIL DavidB.Rumsey@cemex.com DATE 17 APR 2023 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** B2300106 19 2023 Proposed Projects: 1. Two Rivers Parkway - 689 Tons 2. WCR 77 fr C:O I 4 to CR 92 & CR % to CR 100-2500 Tons 3.WCR77frC'R92toCR94-500 Tons' 4. WCR 82 11,O 14 to CR 51 - 550 Tons 5. WC" Public Work -7W Tons WCR 1a 2023 HRP/LVR CEMENT MAP ,Legend 1imeTt+ro Rivers Parkway *,--- 023001(J6 21 Form Way (Rev. October 2018) Owe.. of the Treasury Internal 1341/64,10) SenAce Request for Taxpayer Identification Number and Certification ► Go to www.lrs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this tine; do not leave this tine tatuink. Cemex, Inc. 2 Business named sregarded entity name, if different from above Cemex Construction Materials South, LLC y3 check appropriate box for federal tax classification of the person whose name is entered on line 1. nheck ca following seven boxes, ❑ IndividuaVeoetor or CIC Corporation ❑ SCorporation ❑ Partnershp O ❑ Limited liability company. Fnter the lax classification (C=C corporation, S=5 corporation, P=Pannership) 7 theLLC i tfassiliedasa single•member Lthat is disregarded frthe ownrunlesstheowrof if,Noe: Check theppropriatebox in ireline abov,rthetax classificatiofthesinge-memberownr.DoheckExemption anotherLLC thatis not disregarded Iromthe owntoU.S.federaltax puposes, Oterwise, asingleembeGthat Is disregarded from the owner should check the eppropriata box for the tax classification of its owner. °O Other seeenetrtrntion9►► oily one of the ❑ T'onbn tat.y) ► 4 Exemptions certain entities, instructi:°::::: code (Ifany)E tcudes apply orily to not individuals; see 5 f cmFATCAreportingLL this e, 8 Address (number, street, and apt. or suite no.) See tnstrucUOne. A 10100 Katy Freeway, Suite 300 Requester's name arid address (optional) 6 City, state, and ZIP code Houston, TX 77043 P List account number(s) here (Option Taxpayer Identification Number (TIN) 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 e resident alien, sofa 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 Now 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. MD 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 fora 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 ant subject to backup withholding as a result of a failure to report all interest or dividends, or (el the IRS has notified me that I am no longer subject Io 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. Yor must cross out Ram 2 above if you nave 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 relern. For real estate transactions. item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to en individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you :us! provide your correct TIN. See the instructions for Part 11, later. Sign I Signature of Here U_S. person ► I Social security number it or iii 7 2 r Identification medlar General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Term W-9 and its instructions, such as leyrslaiiun enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Fenn 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 ISSN). individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (FIN). to report on en Information return the amount paid to you, w other amount reportable on an information return. Examples of information returns include. but are not limited to, the following. • Form 1099-INT (interest earned or paid) 0J2j9 +Hof Date i• //fy/r) • Form 1099-DIV (dividends: including those from stocks or mutual funds) • Form 1099 -MISS (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (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 area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Corm W-9 to the requester with a TIN, you might be subject to backup wirrtholding. See What is backup withholding, /titer. Cat. No. 10231X Form W-9 ;tov. 10-201 aj P.O. Box 529 Lyons, CO 80 Plant (303) 823-2100054 Sales (303) 475-3988 CEMENT MILL TEST REPORT -ArCCmC Cement Identified as: Plant: CEMEX Lyons Cement TYPE IL (12)(HS) CEMENT "MCP" Date: 4/11/2023 Location: Lyons, CO Production Dates: Beginning: March 1, 2023 Ending: March 31, 2023 STANDARD CHEMICAL REQUIREMENTS TEST ASTM C1157 TYPE ASTM C595 Type (ASTM C114) RESULTS SPEC. GU Spec. IL(HS) Sulfur Trioxide (SO3), °A..' 2.9 - Maximum 3.0 Loss on Ignition (LOI), % 5.9 --- Maximum 10 Alkalies (Na2O equivalent), % 0.8 — Limestone, % 13 - min. - Max. 5 - 15 CaCO, in Limestone, % 92 Minimum 70 PHYSICAL REQUIREMENTS (ASTM C 204) Blaine Fineness, crn2/gm (ASTM C 188) Density 4779 3.09 - - -- (ASTM C 430) -325 Mesh, % 97.8 - -- (ASTM C 191) Time of Setting (Vicat) Initial Set, minutes 121 Min. - Max. 45 - 420 Min. - Max. 45 - 420 Final Set, minutes 219 - --- (ASTM C 451) False Set, % 76 Minimum 50 --- (ASTM C 185) Air Content, % 7 - Maximum 12 (ASTM C 151) Autoclave Expansion, % -0.02 Maximum 0.8 Contraction 0.2 (ASTM C 187) Normal Consistency, % 26.8 - Expansion 0.8 -- (ASTM C 1038) Expansion in Water, % 0.003 Maximum 0.020 ---- (ASTM C 1012) Sulfate Resistance at 180 days % 0.02 - Maximum 0.05 (ASTM C 109) Compressive Strength, psi (MPa) psi MPa 1 Day 2559 17.6 -- 3 Day 4094 28.2 Minimum 1890 (13.0) Minimum 1890 (13.0) 7 Day 5088 35.1 Minimum 2900 (20.0) Minimum 2900 (20.0) 28 days (previous month) 6280 43.3 Minimum 4060 (28.0) Minimum 3620 (25.0) " Note B in Table 1 of ASTM C585-17 allows for addibOnal sulfate, provided expansion as measured by ASTM C1038 does not exceed 0 020% CEMEX hereby certifies that this cement meets or 7::4 exceeds the chemical and physical Specifications of: By: ASTM C1157 - 20 for Type GU Hydraulic Cement Timothy W. Rawlsky ASTM C595 - 20 for Type IL (HS) Cement Quality Control Manager CEMEX - Lyons Cement Plant CERTIFICATE OF LIABILITY INSURANCE I DATE(MM;DD/YYYY) 12/16/2022 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(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services Southwest, Inc. TX Office PHONtt (866) 283-7172 FAk (800) 363-0105 (AiC. Na. Exo, I (MC.,: Mauston 5555 San Felipe 1500 E-MAIL ADDRESS: Suite Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAICX INSURED INSURER A: National union Fire Ins Co of Pittsburgh 19445 cemex construction materials south, LLC INSURERS: AIU Insurance Company 19399 10100 Katy Freeway Suite 300 ...Eno: XL Insurance America Inc 24554 Houston TX 77043 USA INSURER D: INSURER E: INSURER F: ------- IFINUMBER: 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. Limits shown are as requested IN9R LTR TYPE OF INSURANCE ADDL POLICY NUMBER POLN;Y EFF i{ r��in!,y�'yyyl 1POLR:Y EJCP LIMITS A X COMMERCIAL GENERAL LIABILITY CL9584149 001/202 0�yY>nO ��d+£'d�'' EACH OCCURRENCE E4 , 500, 000 CLAIMS MADE 0OCCUR SIR applies per policy terns A condi :ions DAMAGE TO RENTED PREMISES IEa Occurrence) $4,500,000 MED EXP (Any one person.) Excluded PERSONALS, ADV INJURY $4,500,000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,500,000 POLICY PRO ' x' LOC ,E, 'r PRODUCTS -COMP/OP AGG $4,500,000 ' `� OTHER. AUTOMOBILE LIABILITY AL 7281095 01/01/202301/01/2024 COMBINEDSINGLE LIMIT tEa accaenl i $5,000,000 X ANY AUTO AQS AL 7281098 01/01/2023 01/01/2024 BODILY INJURY I Per Person) OWNED - SCHEDULEC VA BODILY INJURY (Per acodeell - AUTOS ONLY HIRED AUTOS AUTOS � NON-0WNED PROPERTY DAMAGE (Par accident) ONLY - AUTOS ONLY C UMBRELLA LIAR X OCCUR US00106717LI23A 01/01/2023 01/01/2024 EACHOCCURRENCE $5,000,000 ~_ EXCESS LIAR CLAIMS -MADE SIR applies per policy terms 8, condi:ions AGGREGATE $5,000,000 DED I X (RETENTION '01701/2024 B WORKERS COMPENSATION AND os000880502 '61/61, 003 X I PER STATUTE I IOTH- viz EMPLOYERS'LIABILITY Y+N ANYPROPRIETOR/PARTNER.'EXECUTIVE CA WC080880501 01/04/2023 01/01/2024 EL. EACH ACCIDENT $2,500,000 a OFPICEWMEMaER EXCLUDED? a (Mandatory In NH) N/A AQS E L. DISEASE -EA EMPLOYEE S2,500,000 it yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE POLICY LIMIT S2,500,000 DESCRIPTION OF OPERATIONS! LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) weld Count.Colorado is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Lability and Umbrella Liability policies. a Waiver of Subrogation is granted in favor of weld County, Colorado, its associated nd/or affiliated entities, successors, or assigns, its elected offiials, trustees, employees agents, and volunteers in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability and workers Compensation policies. CERTIFICATE HOLDER CANCELLATION Holder Identifier : O 2 f, weld County, Colorado 150 Q Street Greeley CO 80631 u5A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Entity Information Entity Name" Entity ID" CEMEX CONSTRUCTION MATERIALS ?00028839 SO LLC Contract Name" BULK PORTLAND CEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 6981 Contract Lead* RG RAVES Contract Lead Email rgraves _ weldgou.con; Parent Contract ID Requires Board Approval YES Department Project # Contract Description" SUPPLY AND DELIVER BULK PORTLAND CEMENT TO ROAD CONSTRUCTION PROJECTS IN WELD COUNTY Contract Description 2 Contract Type AGREEMENT Amount 81,377,000.00 Renewable YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadcWweldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKER C:O.WELD.CO.US Requested BOCC Agenda Date* 05 15 2023 Due Date 05 11 2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 On Base Contract Dates Effective Date Termination Notice Period Review Date" 02:15,2024 Renewal Date " 051 7,2024 Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 05; 1 5 2023 Approval Process Department Head Finance Approver Legal Counsel .CLIRTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 05, 15 2023 05; 15 2023 05 15,,2023 Final Approval BOCC Approved Tyler Ref # AG 051723 BOCC Signed Date BOCC Agenda Date 0517/.2023 Originator DNAIBAUER MEMORANDUM TO: Board of Commissioners DATE. April 27, 2023 FROM: Curtis Hall, Director of Public Works SUBJECT: 2023 Bulk Portland Cement Bid, B2300106 The Public Works Department recommends that the Board of Weld County Commissioners award the bulk Portland cement bid to the sole bidder, Cemex Construction. Their bid totals $1,140,451.60, with an average delivered cost per ton of $191.02. The 2023 budgeted amount for bulk Portland cement is $1,377,000.00. If you have any questions, please call me at extension 3721. Mmona;wordfiles/bids/mbulkcementbid2023.docx 5/3 ZOZ3-1I(8' SCI DO 1 DATE OF BID: APRIL 17, 2023 REQUEST FOR: 2023 BULK PORTLAND CEMENT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2300106 PRESENT DATE: APRIL 19, 2023 APPROVAL DATE: MAY 3, 2023 BID SCHEDULE (Prices per ton/milel PORTLAND CEMENT -(TYPE L1) (LOW ALKALI) (EST 3,750 tons) PORTLAND CEMENT (TYPE L1 HS) (HIGH SULFITE RESISTANT) (EST 500 tons) TWO RIVERS PKWY PROJECT DELIVERY (ROUNDTRIP FOR 25 ton load) (EST 698 tons) WCR 77 PROJECT DELIVERY (ROUNDTRIP FOR 25 ton load) EST.2500 tons (Type L1) EST 500 tons (Type L1 HS) WCR 82 PROJECT DELIVERY (ROUNDTRIP FOR 25 ton load) EST. 550 tons WC PUBLIC WORKS DEPT DELIVERY (ROUNDTRIP FOR 25 ton load) EST. 700 tons Standby Time (Est 20 hours) VENDORS CEMEX CONSTRUCTION 10100 KATY FREEWAY HOUSTON TX 77043 Plant Ioc:5134 Ute Hwy Longmont CO 80503 $177.80/TON $177.80/TON $3.84/MILE $2.97/MILE $2.97/MILE $2.99/MILE $3.90/MILE $123.50/HR WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverettl0weldgov.com E -Mail: cgiesertl8weldgov.com E -Mail: cmpetersAweldgov.com Phone: (970) 400-4222, Ext 4223 or 4216 2023-1118 PUBLIC WORKS DEPARTMENT WILL REVIEW THE BID. Cei 0 1 Hello