The URL can be used to link to this page

Browse Search

Home My WebLink About20230541.tiffCon\vac--lam-Q l4( BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Public Works 2025 Hot and Warm Mix Asphalt Supply Renewal DEPARTMENT: Public Works — Pavement Management DATE: 1.30.2025 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor Brief description of the problem/issue: The current Hot and Warm Mix Asphalt Supply Contract's were awarded in April 2023 to Martin Marietta Materials (North Supply) and Asphalt Specialties, Inc (South Supply), both were the lowest bids in 2023. The 2023 agreement was renewed in 2024, and the Board has the option of renewing the agreement for one more year from April 2025 to April 2026 as allowed in the contract. This will be the third and final year for this agreement, document No. 2023-0541. The contract allows for yearly rate adjustments based upon the ENR Denver cost index, which is a 0% increase from 2024 to 2025 for Asphalt and a 34% increase for Emulsion (Tack). Both Martin Marietta and Asphalt Specialties have submitted prices for HMA, and they are not requesting an increase in 2025. Martin Marietta is requesting a 5.88% increase for Emulsion (tack). Attached to this pass -around is a copy of the 2025 Fee Schedule(s), a cost comparison from 2024 to 2025. The total amount of $8,575,937.50 is within the 2025 budget and Public Works has been satisfied with the material that they supplied. What options exist for the Board? Consequences: If the board approves the renewal the pavement management division can start working with Martin Marietta and Asphalt Specialties to ensure that Hot Mix Asphalt will be ready at the start of the 2025 paving season in March. Impacts: If the board denies the renewal Public Works will need to re -bid the contract which could negatively impact the start of the 2025 paving season and could result in a higher bid cost. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The amount for 2025 contract year would be $8,575,937.50 and is with the budgeted amount for 2025. Recommendation: Staff recommends approval for both Martina Marietta Materials and Asphalt Specialties, Inc. under the Hot and Warm Mix Asphalt Supply Contract and place on the BOCC agenda. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Support Recommendation Schedule Place on BOCC Agenda Work Session -17,41 �LA Attachments 2025 Fee Schedule 2024-2025 Cost comparison CC: Curtis Hall, Director of Public Works Duane Naibauer, Deputy Director Mona trbeldenkeier, PW Budget Coordinator Con5t,n-}--'Ar)� 3/3/25 cc Unlci. (94 puy na%c 3/3/25 Other/Comments: Z ()Z3 -O5 I CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PULBIC WORKS AND MARTIN MARIETTA MATERIALS, INC. Vck This Agreement Extension/Renewal ("Renewal"), made and entered into of M(oy and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works hereinafter referred to as the "Department", and Martin Marietta Materials, INC., 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. 2023-0541, approved on AA 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 April 4, 2025. • The parties agree to extend the Original Agreement for an additional 1 vear period, which will begin April 5, 2025 and will end on April 4, 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. This extension will be the third and final year for this contract. The estimated 2025 cost is $6,239,387.50. 2. The 2024 Fee Schedule of the contract shall be replaced by the attached Exhibit A 2025 Fee Schedule. 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: )cyan Yoch - VP/GM BOARD OF COUNTY COMMISSIONER WELD COUNTY, COLORADO EST: W County Clerk to the Board Perry L. Back, Chair (��f`- /J Deputy Clerk to the Board MAR 03202 zoz6-054 1 Exhibit A 2025 BID SCHEDULE FOR NORTH SUPPLY RENEWAL - MARTIN MARIETTA MATERIALS ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT LOCATION PER UNIT 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 1,000 TON $69.75 $69,750.00 9Greeley, Co 80631 SOUTH 0 TON 403.02 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) NORTH 59,350 TON $68.25 $4,050,637.50 925 N. 35th Ave Greeley,Coso631 SOUTH 0 TON 403.03 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 20,500 TON $79.00 $1,619,500.00 925 N. 35th Ave Greeley, Co 80631 SOUTH 0 TON 403.04 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (20% RAP) NORTH 0 TON N/A N/A SOUTH 0 TON 403.05 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) NORTH 4,500 TON $71.00 $319,500.00 925 N. 35th Ave Greeley, Co 80631 SOUTH 0 TON 702.02 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON $4.50 $180,000.00 925 N. 35th Ave Greeley, Co 80631 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. #B2300056. 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. The bid(s) may be awarded to more than one vendor. FIRM Martin Marietta Materials, Inc. BUSINESS ADDRE1800 North Taft Hill Road CITY, STATE, ZIP CODE Fort Collins Co 80521 TELEPHONE NO970-407-3615 FAX 970-407-3900 TAX ID # 56-1848578 PRINTED NAME AND TITLE Ryan Yoch - VP/GM SIGNATURE E-MAIL jerimy.runner@martinmarietta.COm DATE 01/29/2025 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID NO # 82300056 2 1 P a g e NOTICE OF RENEWAL 2025 Hot and Warm Mix Asphalt Supply Renewal To: Jerimy Runner Martin Marietta Materials Rocky Mountain Division Fort Collins, Colorado 80521 Project Description: 2025 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2300056 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 10 day of February 2025. Weld County, Colorado, Owner By �al.t/1lL Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Martin Marietta Materials, Inc. (Contractor) Dated this 10th _ day of February , 2025. By: Title: VP/GM BID NO # B2300056 Page 1 SUPPLY CONTRACT BOND Bond No. SU1202125 KNOW ALL MEN BY THESE PRESENTS, That, Martin Marietta Materials, Inc., 1800 N. Taft Hill Road, Fort Collins, CO 80521 as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) And Arch Insurance Company, Harborside 3, 210 Hudson Street, Suite 300, Jersey City, NJ 07311-1107 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 Obligee, (hereinafter called the Buyer), in the just and full sum of Six Million Two Hundred Thirty -Nine Thousand Three Hundred Eighty Seven and 50/100 ($6,239,387.50) (here insert full name and address or legal title of the Buyer) Weld County — Public Works, 1150 O Street, Greeley, CO 80631 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 February 10, 2025 to furnish the following briefly described supplies: Hot and Warm Mix Asphalt Supply 2025 Renewal 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 24`" day of February, 2025. Martin Marietta Materials, Inc. (Principal) (Seal) (Title) Tyler Birch, Vice President and Treasurer (Witness) Kristy W. Kretzschmar Arch Insurance Company (Surety) (S (Title) Rebeca L. Gomez Forms, Attorney -in -Fact Attach valid Corporate Power of Attorney Form (Witness) Kristy W. Kretzschmar 00155 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Benjamin A. Stahl, Elizabeth K. Sterling, Kristy W. Kretechmar, Megan K. Sou aire, Rebeca L. Gomez Porras and Tyler Birch of Atlanta, GA (EACH) its no and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizanees and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars (S150,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizanees and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority A appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizanees and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1" day of March, 2023. Attested and Certified Regan ..Shulman, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary for the uses and cot forth purposes therein _AYC iRIPOttibtatyPo , ur lM PIAlliddphla INeMY MY31, XIS Mich e podi,NotarfPublic Cornntiko IlrtPbr 116$622 My commission expires 07/31/2025 Arch Insurance Company CERTIFICATION i, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 1. 2023 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. iN TESTL IONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on ihisAtday 2045_. YtLJj✓ RShulman, Secretary This Power of Attorney limits the acts of those named thereinto the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance - Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 To verify the authenticity of this Power of Attorney, please contact Arch insurance Company at SuretyAuthentic archlnsurance.com Please refer to the above named Attorney -in -Fact and the details of the bond to whkh the power is attached. AICPOA040120 Printed in U.S.A. ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) osnsnoza THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA LLC. 100 North Tryon Street, Suite 3600 Charlotte, NC 28202 Attn: CA NON-RESIDENT NO.OB22889 CN102458548-9/30•Stand-24-25 RM201 CONTACT NAME` (MCNNo. Est): I (NC, No): E�IAII ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : American Zurich Insurance Company 40142 INSURED Martin Marietta Materials, Inc. Attu: Dan Welsh 4123 Parldake Avenue PO Box 30013 Raleigh, NC 27612 INSURER B : American Guarantee and Llabil4 Insurance Company 26247 INSURER C : INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-005034145-15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TV TYPE OF INSURANCE VIZ SUER VIZ WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP (MM/ppIYYYY) LIMBS A X COMMERCIAL GENERALLIABWTY ICLAIMS -MADE X❑ OCCUR GLO987504403 09/30.024 09130/2025 EACH OCCURRENCE $ 3,000,000 RatSEarcs' urrence1 5 50,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GEN'LAGGREGATE LIMITAPPLIESPER: X POLICY ❑ ZS PRO ElLOC OTHER: GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 6,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED X AUTOS ONLY SCHEDULED _ AUTOS NON -OWNED X AUTOS ONLY BAP987504503 09130/2024 09/30.025 COMBcident)INED SINGLE LIMIT ac $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE AUC 3293761-03 09/30.024 09/30/2025 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY frANYPROPRIETOR/PARTNER/EXECUTIVE Y / N CRER/MEMBEREXCLUDED? E (Mandatory In NH) describe under DESCRIPTION OF OPERATIONS below DMZ= 51* WC987504703 (AOS) 09/30/2024 09/30/2025 X I STATUTE i I ERH E.L. EACH ACCIDENT - - - - - $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Board of County Commissioners of Weld County, Colorado, its officers, and employees is/are additional insured under General Liability (including ongoing and completed ops) and Automobile Liability as their interest may appear, if required by written canUact with the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non- contributory basis, if required by written contract, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 758 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley, CO 80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE I ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * MARTIN MARIETTA MATERIALS INC Entity ID* @00031274 Contract Name* Contract ID 2025 HOT AND WARM MIX ASPHALT SUPPLY RENEWAL 9147 (NORTH SUPPLY) Contract Status CTB REVIEW Contract Lead * JHOLBROOK ❑ New Entity? Parent Contract ID 7895 Requires Board Approval YES Contract Lead Email Department Project # Jholbrook@weld.gov Contract Description" SUPPLY HOT MIX ASPHALT FOR THE 2025 PAVING PROGRAM Contract Description 2 Contract Type * CONTRACT Amount* $6,239,387.50 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 03/01/2025 03/05/2025 Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID 20230541 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* 12/17/2025 Committed Delivery Date Renewal Date Expiration Date* 04/04/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DUANE NAIBAUER CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/26/2025 02/26/2025 02/26/2025 Final Approval BOCC Approved Tyler Ref # AG 030325 BOCC Signed Date Originator JHOLBROOK BOCC Agenda Date 03/03/2025 Corh,a6-049145 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Public Works 2025 Hot and Warm Mix Asphalt Supply Renewal DEPARTMENT: Public Works — Pavement Management DATE: 1.30.2025 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor Brief description of the problem/issue: The current Hot and Warm Mix Asphalt Supply Contract's were awarded in April 2023 to Martin Marietta Materials (North Supply) and Asphalt Specialties, Inc (South Supply), both were the lowest bids in 2023. The 2023 agreement was renewed In 2024, and the Board has the option of renewing the agreement for one more year from April 2025 to April 2026 as allowed in the contract. This will be the third and final year for this agreement, document No. 2023-0541. The contract allows for yearly rate adjustments based upon the ENR Denver cost index, which is a 0% increase from 2024 to 2025 for Asphalt and a 34% increase for Emulsion (Tack). Both Martin Marietta and Asphalt Specialties have submitted prices for HMA, and they are not requesting an increase in 2025. Martin Marietta is requesting a 5.88% increase for Emulsion (tack). Attached to this pass -around is a copy of the 2025 Fee Schedule(s), a cost comparison from 2024 to 2025. The total amount of $8,575,937.50 is within the 2025 budget and Public Works has been satisfied with the material that they supplied. What options exist for the Board? Consequences: If the board approves the renewal the pavement management division can start working with Martin Marietta and Asphalt Specialties to ensure that Hot Mix Asphalt will be ready at the start of the 2025 paving season in March. Impacts: If the board denies the renewal Public Works will need to re -bid the contract which could negatively impact the start of the 2025 paving season and could result in a higher bid cost. Costs (Current Fiscal Year/ Ongoing or Subsequent Fiscal Years): The amount for 2025 contract year would be $8,575,937.50 and is with the budgeted amount for 2025. Recommendation: Staff recommends approval for both Martina Marietta Materials and Asphalt Specialties, Inc. under the Hot and Warm Mix Asphalt Supply Contract and place on the BOCC agenda. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Support Recommendation Schedule Place on BOCC Agenda Work Session Attachments 2025 Fee Schedule 2024-2025 Cost comparison CC: Curtis Hal, Director of Public Works Duane Naibauer. Deputy Director Mona Weldenkoter, PW Budget Coordinator CUYI,k-YliN 3/3/25 plv,at"g 3/3/25 Other/Comments: Zoz3-0 1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PULBIC WORKS AND ASPHALT SPECIALTIES CO., INC. l,d This Agreement Extension/Renewal ("Renewal"), made and entered into 3 day of M,^i,Y and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Workshereinafter referred to as the "Department", and Asphalt Specialties CO., INC., 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. 2023-0541, approved on April 12th 2023. 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 April 11, 2025. • The parties agree to extend the Original Agreement for an additional 1 year period, which will begin April 12, 2025 and will end on April 11, 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. This extension will be the third and final year for this contract. The estimated 2025 cost is $2,266,800.00. 2. The 2024 Fee Schedule of the contract shall be replaced by the attached Exhibit A 2025 Fee Schedule. 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: Asphalt Specialties Company, Inc. Daniel W. Hunt - President Printed Dame Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L. B r k, Chair MAR 0 3 2025 ATTEST: 4444A.1 .e10. Weld County Clerk to the Board BY: Deputy Clerk to the Board 2623 -0541 Exhibit A 2025 BID SCHEDULE FOR SOUTH HMA SUPPLYRENWAL-ASPHALT SPECIALTIES COMPANY ITEM P ITEM ; QUANTITY I UNIT BID MICE I CONTRACT PRICE ! PLANT PER UNIT L�CA�ION 403.01 403.02 403.03 403,04 403.05 702.02 HOT MIX HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) I SOUTH (PG -64-22) 1,300 (20 % RAP) NORTH ASPHALT 0 (GRADING -S) (ASPHALT)(100) SOUTH (PG -64-22) 27,800 (20% RAP) HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 0 SOUTH 4,150 NORTH WARM MIX 0 ASPHALT (GRADING -S) (ASPHALT)(100) SOUTH (PG 64-22) 0 (20% RAP) HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH 0 SOUTH 1,650 NORTH ONLY 1 GALLON 0 NORTH I 0 TON TON TON TON TON TON g3, 20O f, 7?9, 2' 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. #B2300056. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS ? '5 Z.,/}/ 2 .+— d CITY, STATE, ZIP CODE /tee U`c/L dti)/d /1- 13 G Q1 6 TELEPHONE NO OS- 2 5'5 Y , -- FAX TAX ID # PRINTED NAME AND TITLE e.i - /► /« SIGNATURE E-MAIL !c4 > 1-t, DATE //301;t S WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. '"THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE - BID NO tt 02300056 2 I f NOTICE OF RENEWAL 2025 Hot and Warm Mix Asphalt Supply South Supply To: Curtis Wilson Asphalt Specialties CO. 345 West 62nd Ave Denver, Colorado 80216 Project Description: 2025 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2300056 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 10 day of February 2025. Weld County, Colorado, Owner By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Asphalt Specialties Company, Inc. (Contractor) Dated this 11th day of February , 2025. By: Title: Daniel W. Hunt - President BID NO # B2300056 Page 1 Bond No. LICX1974861 SUPPLY CONTRACT BOND Asphalt Specialties Co., Inc., 345 W. 62nd Avenue, Denver, CO 80216 KNOW ALL MEN BY THESE PRESENTS, That, n as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and Lexon Insurance Company* as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) *10002 Shelbyville Rd., Suite 100, Louisville, KY 40223 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of Two Million Two Hundred Sixty-six Thousand Eight Hundred & 00/100 ($2,266,800.00) (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. �tIIIti IN WITNESS WHEREOF, the said Sup1041,k ttr have signed and sealed this instrument this the 14dav of Feb ,2025 .'' •CC,�` Asphalt Specialties Co., Inc.G`5E 0 <1O 1992 - a•:O (Seal)' '~ (Title) , Dan; W. Hunt - Pr si•ent (Principal) (Witness) E Lexon Insurance (Surety) (Sea (Title) Ashlea McC - • h = , A • r ey-in-Fact a h valid Trate Power of Attorney Form • ;@L J (Witness) hley Allen, Surety Witness **Hot & Warm Mix Asphalt 2025 Renewal BID NO # B2300056 22 'Page SOMPO INTERNATIONAL POWER OF ATTORNEY Wizsconammums • 1476 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a Delaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota corporation ('BSIC), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Alissa Cahalan, Ashlea McCaughey, Donald E. Appleby, Mark Sweigart, Mary Ashley Allen, Sarah C. Brown, Todd Bengford as true and lawful Attorneys) -In -Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million ($100,000,000.00) Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th day of May, 2023. Endurance Assurance Corporation By: Richard Appel; SVP & Senior Counsel a: RPoi tt GO ' SEAT, o 2002'' y Vj•, DELAWARE . . Endurance American Lexon Insurance Company Insurance Company By: Richard Appel; SVP & Senior Counsel ryr), 4,1 By: Richard Appel; SVP & Senior Counsel Bond Safeguard Insurance Company By: Richard Appel; SVP &Senior Counsel ��\Y iAyto �`�i On this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose..And 4ay 1;:iftel1ftgry is an officer of each of the Companies; and that he executed said instrument on behalf of each Company by aul ty of is ce under the by-lagr's ofsewh Company. � - TfNMES86E By: nn Amy Tayloil Notary"Public — My Cho jRh t '• ills 3/9/27 CERTIFICATE rrr I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified: RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO, and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this day of , 20 By: Daniel . LT e, Secretary NOTICE; U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS C NTROL OFACI No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website — htias llwww.treasurv.gov/resource-center/sanctionstSDN-g,jf. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LoxonCtalmAdministraooniatsomaodntl.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122.2870 AC Qe CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 2/11/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 INSURED ASPSPEPC Asphalt Specialties Co., Inc. 345 W 62nd Avenue Denver, CO 80216 CONTACT PHHONE FAX to .0xu: t! . Np� NAIL N 16535 16691 27960 -ADDRESS; INSURERS AFFORDING COVERAGE INSURER : Zurich American Insurance Coe an, INSURER E. Great American Insurance Company INSURER c : Illinois Union Insurance Company INSURER D : INSURER k. INSURER F : C CERTIFICATE NUMBER: 881148132 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D S BR ylgp yIyp POLICY NUMBER POUCV EFF ONMIpD/YYYY1 POLICY EXP ONhYDDfYYYYI LIMITS A ._ _. COMMERCIAL GENERAL LIABILITY _I CLAIMS -MADE X 1 OCCUR 25,000 GLO147328805 6!30/2024 6/30/2025 EACH OCCURRENCE bXl',SAGE"Tb"itEN'rE6 EF�jiq $,(E. oc,,,, Mbe, MED EXP (Any one person) $ 2,000,000 $ 100,000 $10,000 i GEN'L _. 1 AGGREGATE LIMIT APPLIES PER: POLICY {X i jE OT- l X_1 L. OTHER: PERSONAL 8, ADV INJURY GENERAL AGGREGATE PRODUCTS COMPtOP AGG $ 2,000,000 $ 4,000,000 $ 4,000,000 A I AUTOMOBILE X 1 - LIABILITY ANY AUTO OWNED ..... AUTOS ONLY �_.._ SCHEDULED AUTOS BAP147329005 6/30/2024 6/30(2025 eaT EDSINGLELIMIT BODILY INJURY (Per person] BODILY INJURY Per accident $1,000,000 $ $ _... _. _... $ , HIRED I AUTOS ONLY L _._.... NON -OWNED AUTOS ONLY PROPERTYDAMAGE (Per_ecadmHT X I UMBRELLA LIAR X I OCCUR EXCESS LIAR I CLAIMS -MADE DED I. X I RETENTION $ t0 nnn TUU425707710 6/31.024 8/3012025 EACH OCCURRENCE AGGREGATE $ 5,000,000 $ 5,000,000 WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIEIZTAXRC ER/EXECVT'1E Q OFFIGERlAtEMBEREXCLUDEO7 Msndatoty In NHI If Yyeeaa deapibe under DESCRIPTXN OF OPERATIONS be N / A WC 147328905 6/30/2024 6/30/2025 ff X -._I gTATUTE1j Er. E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Pollution Liability G27418351010 c 6/30/2024 6/30,025 $2,000,000 Limit $ Ret:25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Adalonal Remarks Schedule, may be attached If more apace Is requ c. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Department of Public Works 1111 H Street AUTHORIZED REPRESENTATIVE Greeley CO 80632-2622 �-Gtv C.'onL.A, }, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* ASPHALT SPECIALTIES CO INC Entity ID* @00019094 Q New Entity? Contract Name* Contract ID 2025 HOT AND WARM MIX ASPHALT SUPPLY RENEWAL 9145 (SOUTH SUPPLY) Contract Status CTB REVIEW Contract Lead * JHOLBROOK Contract Lead Email Jholbrook@weld.gov Contract Description* SUPPLY HOT MIX ASPHALT FOR THE 2025 PAVING PROGRAM Contract Description 2 Contract Type* Department CONTRACT PUBLIC WORKS Amount* $2,266,800.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID 20230541 If this is part of a MSA enter MSA Contract ID Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 03/01/2025 03/05/2025 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 Contact Info Review Date" 12/17/2025 Committed Delivery Date Renewal Date Expiration Date" 04/11/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/26/2025 Approval Process Department Head DUANE NAIBAUER DH Approved Date 02/26/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/03/2025 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/26/2025 02/26/2025 Tyler Ref # AG 030325 Originator JHOLBROOK Cord —vac - (Da-1YI5 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2024 Hot and Warm Mix Asphalt Supply Renewal DEPARTMENT: Public Works - Pavement Management. DATE: 1.30.2024 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor Brief description of the problem/issue: Weld County's current Hot and Warm Mix Asphalt Supply Contract was awarded in April 2023. The Board has the option of renewing the agreement from April 2024 to April 2025 as allowed in the contract. Martin Marietta Materials (North Supply) and Asphalt Specialties, Inc. have the contracts for Weld County. This will be the First extension/renewal on a three-year contract with two renewal options, document No. 2023-0541. The contract allows for yearly rate adjustments based upon the ENR Denver cost index, which is a 0% increase from 2023 to 2024 for Asphalt and a 68% increase for Emulsion (Tack). Both Martin Marietta and Asphalt Specialties have submitted prices for HMA, and they are not requesting an increase in 2024. Martin Marietta is requesting a 6.25% increase for Emulsion (tack). Martin Marietta Materials (North Supply) and Asphalt Specialties, Inc (South Supply) were both the lowest bids in 2023. Attached to this pass -around is a copy of the 2024 Fee Schedule(s), a cost comparison from 2023 to 2024. The total amount of $7,228,150.00 is within the 2024 budget and Public Works has been satisfied with the material that they supplied. What options exist for the Board? Consequences: If the board approves the renewal the pavement management division can start working with Martin Marietta and Asphalt Specialties to ensure that Hot Mix Asphalt will be ready at the start of the 2024 paving season. Impacts: If the board denies the renewal Public Works will need tore -bid the contract which could negatively impact the start of the 2024 paving season and could result in a higher bid cost. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The amount for 2024 contract year would be $7,228,150.00 and is with the budgeted amount for 2024. Recommendation: Staff recommends approval for both Martina Marietta Materials and Asphalt Specialties, Inc. under the Hot and Warm Mix Asphalt Supply Contract and place on the BOCC agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine Attachments 2024 Fee Schedule 2023-2024 Cost comparison CC: Curtis Hall, Director of Public Works Duane Naibauer, Deputy Director Mona Weidenkeller, PW Budget Coordinator e.&.p COYl-tin}(a.60,.- 3/(,/z4 3/Ly.Q}/-- 2023-0541 Eel oo$1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND MARTIN MARIETTA MATERIALS, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into �Qday of 1'kO,IaC`,i,12024, by and between the County of Weld, by and through its Board of Weld County Commissioners, hereinafter referred to as the "County", and Martin Marietta Materials, INC., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on April 5, 2023 (the "Original Agreement"), identified as document #82300056/2023-0541. 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 current Agreement will end on April 4, 2024. • The parties agree to extend the Agreement for an additional 365 days, which will begin April 5, 2024, and will end on April ,2025. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract. 2. The 2023 Fee Schedule of the contract shall be replaced by the attached 2024 Fee Schedule, which is attached hereto and incorporated by reference. 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: Trevo ort - General Mana er Printed Na a r^ , ` rt— Signature ATTEST: "-4;r44-Ati `rC.�a49;ei rk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO Kevin D. Ross, Chair MAR 0 6 2024 O2 - p.41 2024 RENEWAL BID SCHEDULE FOR NORTH HMA SUPPLY (based on estimated 2024 quantities) Martin Marietta Materials, Inc. ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT LOCATION PER UNIT 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 1,000 TON $69.75 $69,750.00 925 eleN. y35th Ave Gre, Co. 80631 SOUTH 0 TON 403.02 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) NORTH 52,400 TON $68.25 $3,576,300.00 925N. 35th Ave Greeley, Co. 80631 SOUTH 0 TON 403.03 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 13,100 TON $79.00 $1,034,900.00 Ave 925 N. CO3 Greeley, Co. 80631 SOUTH 0 TON 403.04 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (20% RAP) NORTH 0 TON SOUTH 0 TON 403.05 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) NORTH 1,200 TON $71.00 $85,200.00 925 N. 35th Ave Greeley, Co. 80631 SOUTH 0 TON 702.02 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON $4.25 $170,000.00 G ee e 3 Co.0631 Y 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. #B2300056. 2. The quatations 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. The bid(s) may be awarded to more than one vendor. FIRM Martin Marietta Materials, Inc. BUSINESS ADDRESS 1800 N. Taft Hill Rd. CITY, STATE, ZIP CODE Fort Collins, Co. 80521 TELEPHONE NO 970 407-3615 FAX 970 407-3900 TAX ID # 56-1848578 PRINTED NAME AND TITLE Tr vor Norton - Area General Manager SIGNATURE Ae,� E-MAIL jerimy.runner@martinmarietta.com DATE 01 /25/2024 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-0S551.0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** NOTICE OF RENEWAL 2024 Hot and Warm Mix Asphalt Supply Renewal To: Jerimy Runner Martin Marietta Materials Rocky Mountain Division Fort Collins, Colorado 80521 Project Description: 2024 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2300056 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 12 day of February 2024. Weld County, Colorado, Owner By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Martin Marietta Materials, Inc. Dated this 14th y of February By: ""---\., '1ZQ,t.� Title: General Manager (Contractor) , 2024. Trevor Norton BID NO # 82300056 Page 1 SUPPLY CONTRACT BOND Bond No. SU1192015 KNOW ALL MEN BY THESE PRESENTS, That, Martin Marietta Materials. Inc., 1800 N. Taft Hill Road. Fort Collins. CO 80521 as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) And Arch Insurance Company. Harborside 3, 210 Hudson Street, Suite 300. Jersey City. NJ 07311-1107 as Surety, (hereinafter called Surety), (here insert full name and addressor legal title of Surety) are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of Four Million Nine Hundred Thirty Six Thousand One Hundred Fifty and 00/100 ($4,936.150.00) (here insert full name and address or legal title of the Buyer) Weld County — Public Works, 1150 O Street, Greeley, CO 80631 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 February 12.2024 to furnish the following briefly described supplies: Hot and Warm Mix Asphalt Supoly 2024 Renewal 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 27a' day of February. 2024. Martin Marietta Materials, Inc. (Principal) (Seal} c er Birc (Title) Ty h, Kice President and Treasurer a a E is0 w"e"e (Witness) KristyllV. Kretzschmar Arch Insurance Company (Surety) ) (Title) Rebeca L. Gomez Porras, Attorney -in -Fact Attach valid Co orate Power of Attorney Form itness) Kristy W. retzschmar 00155 This Power of Attorney limits the acts of those named herein, and they have no autkority to bind the Company except in fie manner and to the errant herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City New Jersey (hereinafter referred to as the "Company's does hereby appoint: Benjamin A. Stahl, Elizabeth K. Sterling, Kristy W. Kretzschmer, Megan K. Douai., Rebeea L. Gomez Porras sad Tyler Birch of Atlanta, GA (EACH) its true and lawful Aaomey(s)in-Fact, to snake, execute, seal, and deliver from the date of issuance of this power for and on its behalf m surety, and as its act and deed: Aay and all bonds, undertakings, reoognvaoces rand other surety obligations, in the penal sum not exceeding One Hantked Fifty Milner Dollars (S150.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each suet bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recogaizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed aid acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, rme and accurate copies of which are hereinafter set tab and ere hereby certified to by the undersigned Secretary as being in full force sad effect "VOTED, That the CMirmaa of the Board, the PrM eat, or the Executive Via President, or cry Sather Vice Presided, of the Surety Business Division, or their appointees design. in writing and filed with the Secretary, or the Secretary shall bast rho power and aoOttnity to appoint agents and attorneys io-o, sad to anthorim them subject to the limitations set .h in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognFranaes and other sun, obligations obligatory in the nature thereof, and any such officers of the Compmry may appoint agents for acceptance of process.. This Power of Attorney is signed, sealed and certified by facsimile nada and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of. Company on August 3l, 2022: VOTED, That the signature of the Chairman of the Board, due President, or the Executive Vice President, or any Senior Via President, of the Surety Business Division, or their appoi es designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by 1ho Secretary, may be affixed by fecal . an any power (gamey mey or bond executed pursuant to the rsohttion adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and catd d with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Te rtitaany W f, due Company has caused this insmunent to be si ed and its corporate seal to be affixed by their authorized officers, this j ° day of March, 2011. Attested and Certified Regeu. Shulman, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS i, Michele Tripoli, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally (mown to me to be the same persons whose names ate respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri. subscribed to the foregoing Immumed, appeared before me this day in person and severally acknowledged that they being tbureado duly authorized signed, sealed with the corporate seat and defivged the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts fa the uses and purposes therein set forth. Arch Insurance Company Stephen C. Ruscbak, Executive Vice President CERTIFICATION 1, Regan A. Shulman, Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated March 1. 2023 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full fora and effect on the date of this certificate; and 1 do further certify that the said Stephen C. Ruse., who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Via President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch insurance Company on this..,day oJ!7 Il1 a . U 00:1118jerlIe e c = • . Notary! Public My commission expires 07t31/2025 Re�eti A. Shutmat, Secretary This Power of Arorney limits the acts of those named thereinto the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 To verify the authenticity of this Flower of Attorney, please contact Arch Insurance Company at SuretyAuthertli • e tosueoece tom Please refer to the above named Attorney -In -Fact and the details of the bond to whkh the powers attached AICPOA040120 Printed in U.S.A. AWRLI CERTIFICATE OF LIABILITY INSURANCE Ir 00A:2 (M 2 rvrYY> 09!26!2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA .. 100 Narth T n Street, Suite 3600 ryo Charlotte, NC 282Q2 CONTACT PHONEtU n C, Not. Attn: CA NON-RESIDENT NO. O822889 INSUREIRSZAFFORDING COVERAGE NAIL S CN1024585484MMM GAWX 23 24 RM201 INSURER A : Amencan Zurich Insurance COm,1y 40142 INSUREDMalin Marietta Materials, Inc. INSURER B : American Guarantee and Liability Insurance Company 26247 Attn: Dan Welsh INSURER c_ 4123 Parkiake Avenue PO Box 30013 INSURER D INSURER E : Raleigh, NC 27612 INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-005034145-12 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Tr TYPE OF INSURANCE .�.-._._.. -�8T1�R INSD MD POLICY NUMBER POLICY EFF POLICY-D(P D/YYYYl (MM/DrYYYI LIMITS A X COMMERCIALGENERAL IIABILITY -__! CLAIMS -MADE X_r OCCUR GLO987504402 09/30/2023 09/3012024 c EACHOCGURRENCE DAMAGE WRIrNI t 15 _—_-- PREMIS.S(Ea 0,, lf,,I j__- MED EXP (Any one person) PERSONAL B ADV INJURY $ 3,000,000 S 50,000 $ 3,000,000 GENL AGGREGATE LIMIT APR.]ES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY Li jPei El LOC PRODUCTS - COMP/OP AGG $ 6,000,000 OTHER: I $ AUTOMOBILE LIABILITY BAP 0450 09/30/2023 09/30/2024 MBINED SINGLE LIMIT COnll arxida $ 5,000,000 _ X i- ANY AUTO OWNED C� AUTOS ONLY HIRED X AUTOS ONLY LT SCHEDULED AUTOS NON -OWNED AUTOS ONLY I t l ,(E8 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE ---�$ „1f_'rar 850.10 $ $ ------------- } 3 $ B X UMBRELLAAB X ; LIOCCUR EXCESS LIAR i CLAIMS -MADE OED J {RETENTION $ I AUC3293T61-02 09/30/2023 (09/30/2024 � i EACH OCCURRENCE AGGREGATE $ 1000,000 $ i 000,000 $ A WORRERSCOMPENSATION ANDEMPLOYERS'LIABILITY YIN ANYPROPRIETORIPARTNER7r"TIVE OFFICER/MEMBEREXCLUDED? QN (Mandatory In NH) describe under DESCRIPTION OF OPERATIONS below Oat= NIA WC987504702 i 000012023 109O2!2224 i X (( PER i OTH- N.__....L.s�TA?U',�E �__.....L.ER___.___.._�T------..._ E.L- EACH ACCIDENT $ 2,000,030 EL DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT $ 2,000,000 $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) Weld County istare additional insured urder General Liability (inc uding ongoing and completed ops) and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies, A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 758 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley, CO 80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' ......¢ .71—S,.a0 ..Gee, ACORD 25 (2016003) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* MARTIN MARIETTA MATERIALS INC Entity ID* @00031274 Q New Entity? Contract Name* Contract ID Parent Contract ID HOT AND WARM MIX ASPHALT SUPPLY 2024 RENEWAL 7895 Contract Status Contract Lead * Requires Board Approval CTB REVIEW JHOLBROOK YES Contract Lead Email Department Project # Jholbrook@co.weld.co.us Contract Description * THIS CONTRACT RENEWAL IS FOR THE 2024 HOT MIX ASPHALT NORTH SUPPLY. CONTRACTOR WILL SUPPLY AND ESTIMATED 67,700 TONS OF HMA TO WELD COUNTY PUBLIC WORKS IN 2024. Contract Description 2 Contract Type" CONTRACT Amount* $4,936,150.00 Renewable* YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 03/02/2024 03/06/2024 Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2300056 GENERAL COUNTY ATTORNEY EMAIL Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID 20230541 If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date" 12/16/2024 Renewal Date" 01/06/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/29/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 02/29/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/06/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/29/2024 02/29/2024 Tyler Ref # AG 030624 Originator JHOLBROOK Cdrr}vaC-1-1 Qi1-789 (o BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2024 Hot and Warm Mix Asphalt Supply Renewal DEPARTMENT: Public Works — Pavement Management. DATE 1.30.2024 PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor Brief description of the problem/issue: Weld County's current Hot and Warm Mix Asphalt Supply Contract was awarded in April 2023. The Board has the option of renewing the agreement from April 2024 to April 2025 as allowed in the contract. Martin Marietta Materials (North Supply) and Asphalt Specialties, Inc. have the contracts for Weld County. This will be the First extension/renewal on a three-year contract with two renewal options, document No. 2023-0541. The contract allows for yearly rate adjustments based upon the ENR Denver cost index, which is a 0% increase from 2023 to 2024 for Asphalt and a 68% increase for Emulsion (Tack). Both Martin Marietta and Asphalt Specialties have submitted prices for HMA, and they are not requesting an increase in 2024. Martin Marietta is requesting a 6.25% increase for Emulsion (tack). Martin Marietta Materials (North Supply) and Asphalt Specialties, Inc (South Supply) were both the lowest bids in 2023. Attached to this pass -around is a copy of the 2024 Fee Schedule(s), a cost comparison from 2023 to 2024. The total amount of $7,228,150.00 is within the 2024 budget and Public Works has been satisfied with the material that they supplied. What options exist for the Board? Consequences: if the board approves the renewal the pavement management division can start working with Martin Marietta and Asphalt Specialties to ensure that Hot Mix Asphalt will be ready at the start of the 2024 paving season. Impacts: If the board denies the renewal Public Works will need tore -bid the contract which could negatively impact the start of the 2024 paving season and could result in a higher bid cost. Costs (Current Fiscal Year ! Ongoing or Subsequent Fiscal Years): The amount for 2024 contract year would be $7,228,150.00 and is with the budgeted amount for 2024. Recommendation: Staff recommends approval for both Martina Marietta Materials and Asphalt Specialties, Inc. under the Hot and Warm Mix Asphalt Supply Contract and place on the BOCC agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine Attachments 2024 Fee Schedule 2023-2024 Cost comparison CC: Curtis Hall, Director of Public Works Duane Naibauer, Deputy Director Mona Weidenkeller, PW Budget Coordinator Conwai-'A9thd-cu 0 71- R)) 2ozs-0541 O6100%1 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN WELD COUNTY AND ASPHALT SPECIALTIES CO., INC. This Agreement Extension/Renewal ("Renewal"), made and entered into), day of &la 2024, by and between the Weld County, by and through its Board of County Commissioners, hereinafter referred to as the "County", and Asphalt Specialties CO., Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on April 12, 2023 (the "Original Agreement"), identified as document #B2300056/2023-0541. 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 current Agreement will end on April 11, 2024. • The parties agree to extend the Agreement for an additional 365 days, which will begin April 12. 2024, and will end on�ril 1.2025. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract. 2. The 2023 Fee Schedule of the contract shall be replaced by the attached 2024 Fee Schedule, which is attached hereto and incorporated by reference. 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: °D.,,c.,--\ L.) RVe- P rite Signature ATTEST: z W •+G.. ;(ik BY: rk to the Board Deputy Cler BOARD OF COUNTY COMMISSIONERS WELD COUN 77 76-3 Kevin D. Ross, Chair MAR 0 6 2024 o2oa,1- o 5 I 2024 RENEWAL BID SCHEDULE FOR SOUTH HMA SUPPLY (based on estimated 2024 quantities) ,j%iollldois"J !A fa' Asphalt Specialties Company, Inc. ITEM II ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT LOCATION PER UNIT 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 0 SOUTH 0 TON TON 403.02 403.03 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 0 TON SOUTH 29,550 NORTH 0 TON TON 4 Gay vo �' B9/ Zvt� �� ,� 6 SOUTH 2,900 NORTH rt 0 SOUTH 0 TON #-7,2. °% 4 B, 800, °u 2" /Vex G 403.04 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (20% RAP) TON TON 403.05 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) NORTH 0 TON SOUTH 3,000 TON /0,0 'It /72, oao. °" Gvc.•. lv 702.02 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) 0 GALLON 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. #82300056. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS .3 �S 1 e. 2'I' /4,e CITY, STATE, ZIP CODE /. g,'y ,L 4o, 802/4 TELEPHONE NO 303- ,z 8 j. f,5'S's' FAX TAX ID# PRINTED NAME ,AND TITITLE // el r s Gl 1-' 'c'.t. L..�t-Yt GAA�Z� ��/�5 SIGNATURE E-MAIL .Cam DATE ,26�� WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS X198-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** NOTICE OF RENEWAL 2024 Hot and Warm Mix Asphalt Supply South Supply To: Curtis Wilson Asphalt Specialties CO. 345 West 62nd Ave Denver, Colorado 80216 Project Description: 2024 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2300056 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 12 day of February 2024. Weld County, Colorado, Owner ia By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ke\"401\ ≤ eel., 't rtJ Co, 1 C —(Contractor) Dated this VI,, day of Fehc , 2024. By.c \\l' W k.,4 - Title: BID NO # B2300056 Page 1 Bond No.4692093 SUPPLY CONTRACT BOND Asphalt Specialties Co., Inc., 345 W. 62nd Avenue, Denver, CO 80216 KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) Great American Insurance Company, 301 E Fourth Street, Cincinnati, OH 45202 and n 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 Obligee, (hereinafter called the Buyer), in the just and full sum of Two Million Two Hundred Ninety Two Thousand Dollars and 00/100 ($2,292,000.00) (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the sa t:0681$ ftanp�ll Surety have signed and sealed this instrument this thel$da fc of 6 .20 2E `.Q(G......... (71i,, Asphalt Specialties Co., Inc. :. C0 . POfe4�; �. (Principal) I'• SEAL• 1992 O.'nI •�OR V. :*: Ot‘" ttii GA (Witness) Elizabeth Claf1- Secretary Great Amen,-: n Insurance Company (Surety) (S e) Attach Ii ' . rporate Power of Attorney Form Jean Rini, Attorney -in -Fact (Witness) V. Rini, Surety Witness " Hot & Warm Mix Asphalt 2024 Renewal BID NO # B2300056 'Page e GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN No.0 22111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead M exeo:ute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. DONALD E. APPLEBY TODD D. BENGFORD SARAH C. BROWN MARY ASHLEY ALLEN Name MARK SWEIGART JESSICA JEAN RINI MEGAN A. BROWN Address ALL OF GREENWOOD VILLAGE, COLORADO Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31ST day of MARCH 2023 . Attest - GREAT AMERICAN iNSURANCECOMPANY Asiaaarri Secretary Divisional Senior Vice President STATE. OF OHIO, COUNTY OF HAMILTON - ss: MARK wCARIo (877-377-2405) On this 31ST day of MARCH , 2023 , before me personally appeared MARK VICARiO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is 0 Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A 60160RST Notary Public State of Ohlo My Comm. Expires May 16, 2025 "2,-- -a This Power of Attorney is wanted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized .from time to time, V appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and at1 bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company .seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile 60 any power of attorney or certificate of either given ftor the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPFIEN C. BF,RAHA, Assistant Secretary of GreatAmericatr insurance Company, do hereby certify that the foregoing Power afAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of , 2024 4(- 4' 3 51029AH (03!201 ACQ D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YVYY) 06/27/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlfiaBte 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 Ileu of such endorsement(s). PRODUCER 1-844-484-7750 Holmes Murphy @ Associates - CO CONTACT t,,,__ Lauren Valdes PHONE 9... tAIC.NPy_ 7600 East Orchard Road, Suite 230 South AOgR..; LValdeseholme5murphy.com INSURER(SI AFFORDING COVERAGE MAW* Greenwood Village, CO SO111 IMAMMRA:EURICH AMER INS CO 16535 INSURED INSURER.: GREAT AMER INS CO 16691 Asphalt Specialties Co., Inc. INSURERC: ILLINOIS UNION INS CO 27960 10100 Dallas St msURERD: INSURER E : Henderson, CO 80640 INSURER F: COVERAGES CERTIFICATE NUMBER: 69091656 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIOSS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. •INSR LTR TYPE OF INSURAN4E ADDL SUER PM MOD POLICY NUMBER POLICY EFF (MMIDDPirrn POLWY EXP [MMIDOriren LIMITS A X COMMERCIAL GENERALLRBILITY 0L0147325504 06/30/23 06/30/24 EACH OCCURRENCE $.2,000,000 CLAIMS•MADEOCCUR GE DAMAED (EsEo au ence! $ 100,000 X BI/PD Ded: $5,000 MED EXP (Any one person) $ 10,000 _ PERSONAL 8 ADV INJURY $ 2.000.000 GEM_ AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE $ 4,000,000 _l POLICY l� SE: I I LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER:$ A AUTOMOMLELMEMITY BAP147329004 06/30/23 06/30/24 I21BINE0 M4LEAMI7 $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY __ _, SCHEDULED -'- __, AW'OS BODILY INJURY (Per accident) $ HIRED R AUTOS ONLY NC3J-0WNED _X AUTOS ONLY PROPERTY DAMAGE (Per aCCfdanll $ _. B X UMBRELLALIAB X OCCUR 700425707703 06/30/23 06/30/24 EACH OCCURRENCE 1 5,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED I X I RETENTIONS 30, 000 A WORKERS COMPENSATION AND EMPLOYERs' 11A81LnY 1MC147325904 06/30/23 06/30/24 X I SNTARTUTE I I ERH A RI ET ORIPARTNERlEXELUTIVE NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUD E07 andato (Mandatory In NH) El. DISEASE - EA EMPLOYEE, $ 1, 000, 000 if yes, describe urWer DESCRIPTION Lan...—. E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 C Pollution Liability 027416351009 06/30/23 06/30/24 91,000,000 Limit Ret:25,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AGGRO 101, AddlUonal Remarks Schedule, may be attached If more space Is required) REF: Bid Package No. 52300056. Certificate Holder is an Additional Insured on General Liability and Pollution Liability as required by written contras; with the insured, per policy terms and conditions. The General Liability, Auto Liability, Workers Comp and Pollution Liability policies include a waiver of subrogation in favor of the certificate holder as required by written contract with the insured, per policy terms and conditions. The General Liability, Auto Liability and Workers Compensation policies include an endorsement providing that 30 day's notice of cancellation will be furnished will be furnished to the certificate holder. Umbrella follow. form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County, Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVEHONS. 1150 O Street AUTHORUEOREPRESENTATIVE Greeley, CO 80631-0000 USA 1:74.6,I ACORD 25 (2016/03) lvaldeeco 69091656 ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 06/27/2023 NAME OFINSURED: Aaphalt Specialties Co., Inc. that an insured includes anyone liable for the conduct o£ an insured but only to the extent of that liability. All coverage term., conditions and exclusions of the policy apply. The workers compensation, general liability, auto liability and umbrella policies include a waiver of subrogation in favor of the additional insured only if requires by written contract. SUPP (10/00) Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 1473288-04 I Effective Date: 06/30/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who's An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named asan additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, Includes copyrighted material of Insurance Services Office, Inc., with its permission. U -GL -2162-A CW (02/19) Page 1 of 4 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contractor written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contractor written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U -GL -2162-A CW (02/19) Page 2of4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U -GL -2162-A CW (02/19) Page 3 of 4 Contractors Liability Supplemental Coverages And Conditions 9 ZURICH Policy No. Efi'. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add' I. Prem Return Prem. GLO 1473288-04 06/30/2023 06/30/2024 79631000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part NON -OWNED WATERCRAFT SCHEDULE Watercraft Length: feet (If no amount is shown above, 51 feet applies.) A. Non -owned Watercraft Liability Extended Coverage Paragraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than the length shown in the Non -Owned Watercraft Schedule of this endorsement; and (b) Not being used to carry persons or property for a charge; B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. The paragraph directly following Paragraph (6) in Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III — Limits Of Insurance. 3. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the "insured contract" definition under the Definitions Section is replaced by the following: U -GL -1060-E CW (04/13) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 5. Paragraph Qli) under Paragraph 4.b.(1) of the Other Insurance Condition under Section IV — Commercial General Liability Conditions is replaced by the following: (ii) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarily occupied by you with permission of the owner; 6. The following definitions are added to the Definitions Section: "Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment, weight of snow, ice or sleet or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured — Lessor Of Leased Equipment — Automatic Status When Required In Lease Agreement With You 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respectto the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respectto the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Additional Insured — Managers Or Lessors Of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) that you have agreed in a written contract or written agreement to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and U -GL -1060-E CW (04/13) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured — State Or Governmental Agency Or subdivision Or Political Subdivision — Permits Or Authorizations 1. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute, ordinance or regulation to name as an additional insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or govemmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage included within the "products -completed operations hazard". However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage — Assumed Under Contract Or Agreement 1. Exclusion e. of Section I — Coverage B — Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: U -GL -1060-E CW (04/13) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) The liability pertains to your business and is assumed in a contract or agreement that is an "insured contract"; and (b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same contract or agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this "personal and advertising injury" coverage only: Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments — Coverages A and B are replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for "bodily njury", "property damage" or "personal and advertising injury" and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.cloes not include that part of any contract or agreement (1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge of trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities; (4) That indemnifies a person or organization for "personal and advertising injury": (a) Arisieg out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or (b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or telecasting for you or on your behalf; or (5) That indemnifies a labor leasing firm for "bodily injury" to "leased workers". u -GL -1060-E CW (04/13) Page 4 016 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. H. Medical Payments — Increased Reporting Period Paragraph a. of Section I — Coverage C — Medical Payments is replaced by the following: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. I. Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments — Coverages A And B is replaced by the following: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. J. Amendment — Duties In The Event of Occurrence, Offense, Claim or Suit The following paragraphs am added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to your officer, manager, partner or an "employee" authorized by you to give or receive such notice. Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give or receive such notice of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to your workers compensation carrier and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: (1) Fail to disclose all hazards existing at the inception of this policy; or (2) Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The "bodily injury" definition under the Definitions Section is replaced by the following: U -GL -1060-E CW (04/13) Page 5 of o Includes copyrighted material of Insurance Services Office, Inc., with its permission. "Bodily injury" swans bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish, mental injury, shock, fright or death resulting from bodily injury, sickness or disease. M. Two Or More Of Our Coverage Parts/Policies The following is added to Section Ill — Limits of Insurance: 1. Subject to Paragraph 2. or 3. above, whichever applies, if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same "occurrence", only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such "occurrence". 2. Subject to Paragraph 2. above, if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense, only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. 3. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply, the most we will pay for all injury or damage because of "bodily injury" or "property damage" "occurrences", "personal and advertising injury" offenses and medical expenses is: a. The single highest Coverage Part or policy General Aggregate Limit; or b. The single highest Coverage Part or policy Products -Completed Operations Aggregate Limit, whichever applies, whether such "occurrence", offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. 4. Any existing provisions under Paragraph 4. Other Insurance under Section IV - Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1., 2., and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part. N. Your Work Redefined Paragraph a.(1) of the "your work" definition under the Definitions Section is replaced by the following: 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf, but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations, which terminated or ended prior to the effective date of this policy; and All other terms and conditions of this policy remain unchanged. U -GL -1060-E CW (04/13) Page 6of6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'i Prem. Return Prem. GLO 1473288-04 06/30/2023 06/30/2024 79631000 $ INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Blanket Notification to Others of Cancellation or Non -Renewal ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 1473288-04 1 Effective Date: 06/30/2023 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or eon -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U -GL -1521-B CW (01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement ZURICH Policy No. Ftt Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add' I. Prem Return Prem. BAP 1473290-04 06/30/2023 06/30/2024 79631000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contractor written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of eamings up to $500 a day because of time off from work. U -CA -424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U -CA -424-F CW (04-14) Page 2of6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U -CA -424•F CW (04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deducible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I - Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or S. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U -CA -424-F CW (04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U -CA -424-F CW (04-141 Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss" W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $251)0. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stole■ Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U -CA -424-F CW (04-14) Page 6of6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: BAP 1473290-04 COMMERCIAL AUTO CA 20 01 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE 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: ASPHALT SPECIALTIES, INC. Endorsement Effective Date: SCHEDULE Insurance Company: ZURICH AMERICAN INSURANCE COMPANY Policy Number: BAP 1473290-04 I Effective Date: 06-30-2023 Expiration Date: 06-30-2023 Named Insured: ASPHALT SPECIALTIES, INC. Address: 1010 0 DALLAS ST HENDERSON CO 80640-8491 Additional Insured (Lessor): ALL LESSORS Address: - -, CO USA 80640 Designation Or Description ALL LEASED AUTOS Of °Leased Autos": CA20011013 © Insurance Services Office, Inc., 2011 Page 1 of 2 Coverages Limit Of Insurance Coveted Autos Liability Each "Accident" Comprehensive Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Deductible For Each Covered "Leased Auto' Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Deductible For Each Covered "Leased Auto' Specified Causes Of Loss Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Deductible For Each Covered "Leased Auto' Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who is An Insured provision under Covered Autos Liability Coverage is changed to include as an 'insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto'. Page 2 of 2 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. © Insurance Services Office, Inc., 2011 CA 20 01 1013 Blanket Notification to Others of Cancellation or Non -Renewal ZURICH Policy No.. EfE Date of Pol. Exp. Date of Pol. Eft Date of End. Producer No. Add'l. Prem Return Prem. BAP 1473290-04 06/30/2023 06/30/2024 79631000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U -CA -832-A CW (01/131 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 0313 (Ed. 4-84) ® 19113 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not a Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC147328904 Endorsement No. Insured Premium $ Insurance Company WC 99 06 43 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. Pagel of1 ntract F Entity Information Entity Name* ASPHALT SPECIALTIES CO INC Contract Name* Entity ID* @00019094 Q New Entity? Contract ID HOT AND WARM MIX ASPHALT SUPPLY RENEWAL 2024 7896 Contract Status CTB REVIEW Contract Lead JHOLBROOK Contract Lead Email Jholbrook@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* THIS CONTRACT RENEWAL IS FOR THE 2024 HOT MIX ASPHALT SOUTH SUPPLY. CONTRACTOR WILL SUPPLY AND ESTIMATED 35,450 TONS OF HMA TO WELD COUNTY PUBLIC WORKS IN 2024. Contract Description 2 Contract Type* CONTRACT Amount* $2,292,000.00 Renewable" YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com Bid/RFP #* County Attorney B2300056 GENERAL COUNTY ATTORNEY EMAIL Requested BOCC Agenda Due Date Date* 03/02/2024 03/06/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID 20230541 If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 12/16/2024 Renewal Date* 01/06/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 02/29/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 02/29/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/06/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 02/29/2024 02/29/2024 Tyler Ref* AG 030624 Originator JHOLBROOK (onkva c1- (14 (c'LI WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & ASPHALT SPECIALTIES CO., INC. THIS AGREEMENT is made and entered into this 12 day of npitl , 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 Asphalt Specialties Co., Inc. whose address is 10100 Dallas Street, Henderson, CO 80640, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt in 2023. (South County Only) with the possible two, one year renewals. 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. B2300056". The RFB 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 B 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 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 Exhibits A & B. 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 Cor�e.r��l�'dcrx- GLIA &e,,yo eily/ap3 2025 -a5 -I I Q 6C-1OO%-1 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. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 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. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. BID NO # B2300056 Wage "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. S. 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 $971,500.00, 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 from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. 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 BID NO # B2300056 3 'Page this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. 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 to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. 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. 12. 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. 13. 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 BID NO # B2300056 4 I P a g e 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. 14. 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. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor 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 BID NO tt B2300056 Wage Page 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. 16. 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 of any reds, 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 (10) 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 of any 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 shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its 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 BID NO # B2300056 'Pagee 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; $2,000,000 general aggregate; $2,000,000 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 all 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. BID NO # B2300056 7 I P a g e Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. 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. 18. 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. 19. 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. 20. 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. BID NO # B2300056 Wage Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Asphalt Specialties Company, Inc. Attn.: Daniel W. Hunt Address: 10100 Dallas Street Address: Henderson, Colorado 80640 E-mail: Deanr@asphaltspecialites.com Facsimile: 970.289.7707 County: Name: Joshua J. Holbrook Position: Pavement Management Supervisor Address: 1111 H Street Address: Greeley, CO 80632 E-mail: jholbrook@weldgov.com Facsimile: 970.304.6497 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. BID NO # B2300056 9 I P a g e 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. Attorneys Fees/Leaal 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. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. BID NO # B2300056 10IPage IN WITNESS WHEREOF, the parties hereto have signed this Agreement this fAth- day of April CONTRACTOR: As haft S eciafti : s C an Inc. By: Name: La Title: WELD COUNTY: (� ATTESTWAddeAd Weld County Clerk to the Boar eputy Clerk to the Boar Date March 30. 2023 = t 1992 o l.0:7 %"5-0.n.ow6:4, t.iitt►��. ARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO Freeman, Chair APR 1 2 2023 BID NO # B2300056 11 ' P a g e ora023-05q/ (i) Exhibit A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT & WARM MIX ASPHALT SUPPLY 2023 (with options for 2022024/2025) January 2023 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B2300056 1 I P a g e 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 material supply for this project. INVITATION TO BID 3 BIDDING REQUIREMENTS Instruction to Bidders Insurance Requirements General Specification Bid Proposal (Bid Schedule) Bid Submittal Checklist and Signature Page Receipt of Addenda Bid Bond (Example) Anti -Collusion Affidavit Statement of Qualifications and Subcontractors CONTRACT FORMS Supply Bond (Example) Sample Contract (attached) PROJECT SPECIAL PROVISIONS Index Revision of Section 104, Revision of Section 105, Revision of Section 105, Hot Mix Asphalt Revision of Section 106, Revision of Section 403, Revision of Section 702, Scope of Work Claims for Contract Adjustment Conformity to the Contract of Control of Material Hot Mix Asphalt Bituminous Materials 3-7 8-9 10-11 12 13 14 15-16 17 18-21 22 23-33 34 35 36 37 38 39-40 41 BID REQUEST #B2300056 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 1,2023 BID NUMBER: B2300056 DESCRIPTION: Hot and Warm mix Asphalt Supply 2023 DEPARTMENT: Weld County Public Works BID OPENING DATE: February 20, 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: Weld County is soliciting bids to supply Weld County Public Works with Hot and Warm Mix Asphalt for 2023. More than one vendor may be selected for this contract. Bids will be received until: February 20, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 20, 2023 at 10:30 AM. 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: 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 7. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request 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. Bid Delivery to Weld County: 1. Emailed bids are required. Email bids to bids csweldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. BID REQUEST #B2300056 Page 3 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 on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 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 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. 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 that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is BID NO # B2300056 4 j P a g e advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business 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. BID NO # B2300056 5 I P a g e J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year 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 BID NO # B2300056 6 I P a g e 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 business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: 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. BID NO # 82300056 7 I P a g e 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall BID NO # B2300056 8 I P a g e contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. 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; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders 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 Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO # B2300056 9 I P a g e PURPOSE: Weld County is soliciting bids to supply Weld County Public Works with Hot and Warm Mix Asphalt for 2023. More than one vendor may be selected for this contract. General Conditions and Specifications: 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their mixing plant. North supply shall be asphalt plant(s) north of US 34 and South supply shall be asphalt plant(s) south of US 34 3. Weld County will pick up all materials from the vendor's plant on an as -needed basis. The vendor will load and scale all materials at the plant. 4. Bids on materials shall be good through March 1, 2024, with the ability to renegotiate unit prices at the end of each calendar year. 5. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. Project job location list supplied upon request. 6. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. Also, all tickets must have Mix Design, Weld County Material Code and Project Number printed on them or no payment will be made. Invoice shall also be submitted per Project Number. 7 The Contractor shall submit, two job mix formulas for testing and approval. CDOT job mix formulas based on the materials to be used are acceptable. 8. Bidders must have storage for the emulsified asphalt and liquid asphalt. Bidder(s) must be able to provide Weld County with precut and preheated liquid asphalt. 9. Weld County will notify the successful bidder(s) twenty-four (24) hours in advance of any asphalt supply needs. 10. The bidder awarded the Hot/Warm Mix Asphalt Bid will be required to supply as much as 300 ton per hour to Weld County when requested. In the event where a contractor cannot supply material needed Weld County will use other vendors. The contractor will pay the added cost if the other supplier has a higher price. The contractor will also be responsible for additional hauling costs. 11. Weld County requires that hot/warm mix asphalt be supplied from the first of March to the end of November, weather permitting. 12. The "special provisions" on pages 34 through 41 apply to this request and shall be adhered to. 13. Bids shall be submitted based upon anticipated 2023 supply quantities outlined on page 12. 14. The successful vendor shall execute a supply bond for their awarded materials. 15. The specification for Hot and Warm mix asphalt shall be in accordance with the most recent Colorado Department of Transportation, Standard Specification for Road and Bridge Construction and Field Material Manual, unless otherwise stipulated in this document. Reference to the division shall mean Weld County and all documentation required will be handled through the Public Works Department. BID NO # B2300056 10 'Page Weld County Contact Questions related to the project and procedures should be directed to: Joshua J. Holbrook Weld County Public Works 970.400-3744 jholbrook@weldgov.com Terms and Conditions All Vendors will be required to sign Weld County's Materials Agreement. A sample Agreement is attached to this document. The Materials Agreement shall commence approximately March 2023 and continue in full force and effect for one year. At the option of the County, the Materials Agreement may be extended for up to two (2) additional years. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index (Paving, PG 58 per ton Denver) to measure the percent of increase from year to year to justify increases in cost. Price adjustments will not be implemented without final approval from Weld County. The Contract may be used at the option of other Weld County Departments. BID NO # B2300056 11 ( P a g e BID SCHEDULE (based on estimated 2023 quantities) I TI BID IC rNl 1CT PRICE 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 1,000 TON SOUTH 100 TON 403.02 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) NORTH 68,075 TON SOUTH 8,800 TON 403.03 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 17,780 TON SOUTH 5,400 TON 403.04 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (20% RAP) NORTH 6,460 TON SOUTH 100 TON 403.05 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) NORTH 3,500 TON SOUTH 100 TON 702.02 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON BID NO # B2300056 12IPage 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. ❑ Bid Schedule/Summary (page 12) ❑ Signature page (page 13) ❑ Receipt of addenda(s), if any, should be signed. (page 14) ❑ Bid Bond (Page 15-16) ❑ Anti -Collusion Affidavit. (page 17) ❑ Statement of Qualification (must be signed and notarized) (pages 18-21) 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. #BB2300056. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID NO # B2300056 13 'Page RECEIPT OF ADDENDA (See Attached Sheet) Hot & Warm Mix Asphalt Supply 2023 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 20 FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: _ ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID NO # B2300056 14 ' P a g e SAMPLE BID BOND Hot & Warm Mix Asphalt Supply 2023 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , for the Hot & Warm Mix Asphalt Supply 2023 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety Address ATTEST: By: BID NO # B2300056 15 I P a g e INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO#B2300056 16 Page COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION 1 hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the prices) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount 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 fine. 3A. No attempt has been made to solicit, cause or induce any fine 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, m 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 of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. tacfi conls Mein a comp., name By paw Tate 2. convectors Rnn or company name. (it pint venture.1 8y ( Does T.' Sworn to before me this day of, 19 Nasty Pubic My co.mosion eaprees NOTE: This document must be signed in ink. BID NO # B2300056 17 IPage STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder(Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ $ _ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2300056 18 j P a g e 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: BID NO # B2300056 19 ( P a g e Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO # B2300056 20 ( P a g e The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2023. Bidder: Company By: Name: (Please Type) Title: NOTARY County of ) ) ss. State of ) being duly sworn, deposes and says that he is of (Title) (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2023. (SEAL) Commission Expires Notary Public BID NO # B2300056 21 'Page SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) 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 Obligee, (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 NO # B2300056 22 ' P a g e WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & {CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202_, 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[Contractor], hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt in 2023. (North County Only) with the possible two, one year renewals. 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. " 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 B 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 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 Exhibits A & B. 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 BID NO # B2300056 23 'Page 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. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 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. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum BID NO # B2300056 24IPage P a g e standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. 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 $ , 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 from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. 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 BID NO # B2300056 25 I P a g e unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. 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 to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. 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. 12. 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. 13. 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 BID NO # B2300056 26 'Page 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. 14. 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. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor 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 BID NO # B2300056 27 ' P a g e 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. 16. 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 reduction, 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 (10) 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 of any 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 shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its 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 BID NO # B2300056 28 ( P a g e 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; $2,000,000 general aggregate; $2,000,000 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 all 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. Contractors Pollution Liability BID NO # B2300056 29IPage P a g e Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. 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. 18. 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. 19. 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. 20. 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. BID NO # B2300056 30 'Page Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.. Address: Address: E-mail: Facsimile: County: Name: Position: Address: Address: E-mail: Facsimile: 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. BID NO # B2300056 31 I P a g e 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. BID NO # B2300056 32 ' P a g e IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2023. CONTRACTOR: By: Date Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair BID NO # B2300056 33 ( P a g e INDEX PROJECT SPECIAL PROVISIONS Index 34 Revision of Section 104, Scope of Work 35 Revision of Section 105, Claims for Contract Adjustment 36 Revision of Section 105, Conformity to the Contract 37 Revision of Section 106, Control of Material 38 Revision of Section 403, Hot Mix Asphalt 39-40 Revision of Section 702, Bituminous Materials 41 The specifications for material supply shall be in accordance with the most recent Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction and CDOT Field Materials Manual, unless otherwise stipulated in this document. The super pave mix design procedure should be run at a minimum 100 gyrations of compactive effort. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Section 105.04 Conformity to the contract of Superpave Performance Graded Binders Section 105.05 Conformity to the Contract of Hot Mix Asphalt Section 105.09 Coordination of Plans, Specification, Supplemental Specification and Special Provisions Section 105.22 Dispute Resolution Section 106.01 Source of Supply and Quality Requirements Section 106.02 Material Sources Section 106.03 Samples, Tests, Cited Specifications Section 106.04 Qualification of Testing Personnel and Laboratories Section 106.05 Sampling and Testing of Hot Mix Asphalt Section 106.07 Material Inspections at Plant Section 106.08 Storage Materials Section 106.09 Hauling Materials Section 107.01 Laws to be Observed Section 109.01 Measurement of Quantities Section 401.01 Description (Plant Mix Pavements) Section 401.02 Composition of Mixtures Section 401.03 Aggregates Section 401.04 Mineral Filler Section 401.05 Hydrated Lime Section 401.06 Asphalt Cements Section 401.08 Asphalt Mixing Plant Section 401.09 Hauling Equipment Section 401.13 Preparation of Asphalt Cements Section 401.14 Preparation of Aggregates Section 401.15 Mixing Section 401.21 Method of Measurement Section 702.01 Asphalt Cement Section 703.04 Aggregate for Hot Mix Asphalt Section 703.06 Mineral Filler Section 712.03 Hydrated Lime BID NO # B2300056 34 I P a g e REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.2-(c) shall be revised as follows: Delete 2. paragraph starting with "If the alterations" to 3th paragraph subsection . and revise with Weld County reserves the right to increase or decrease the quantities up to twenty-five percent (25%) of the total bid as best fits its needs. BID NO # 62300056 35 ( P a g e REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Joshua Holbrook, Pavement Management Supervisor Project Engineer: Don Dunker, P.E., County Engineer Project Inspector: Ryan Axtman, Inspection Supervisor BID NO # B2300056 36 I P a g e REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF HOT & WARM MIX ASPHALT Section 105.05 of the Standard Specifications shall include the following: No incentive payment will be made under this Contract. No disincentive payments will be made under this Contract. BID NO # B2300056 37 ( P a g e REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.05 (b) of the Standard Specifications shall include the following: Samples for project acceptance testing shall be taken at the asphalt plant and meet the requirements of section 106.04. Vendors must have a testing lab at the asphalt plant where the mix is being supplied to run samples for process control testing. Personnel performing the process control testing must meet the 106.04 qualification, the lab at the asphalt plant does not have to meet the requirements of 106.04 for rop cess control testing only. Section 106.5 (g.3) of the standard Specifications shall include the following: In the event where a contractor's production is suspended due to Condition red, Weld County will use another vendor/contractor during the suspended time frame. The Contractor will pay the added cost if the other supplier(s) has a higher price per ton and will also be responsible for additional hauling cost. BID NO # B2300056 38 'Page REVISION OF SECTION 403 HOT & WARM MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-28) Hot Mid Asphalt (Grading SX)(Asphalt)( Gyrations )(PG 58-28) Warm Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item and Warm Mix Asphalt will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Weld County will establish the production asphalt cement and volumetric targets based on the vendors mix design and the relationships shown between the hot mix asphalt mixture volumetric properties and asphalt cement contents on the Form 429. Weld County may select a different AC content other than the one shown at optimum on the vendors mix design in order to establish the production targets as contained on the Form 43. Historically, Air Voids adjustments typically result in asphalt cement increases from 0.1 to 0.5 percent. Contractors bidding the project should anticipate this change and factor it into their unit price bid. BID NO # B2300056 39 ( P a g e Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 5.0% 37.5 (1%) 11.6 11.7 11.8 25.0 (1) 12.6 12.7 12.8 19.0 (%) 13.6 13.7 13.8 N/A 12.5 (%) 14.6 14.7 14.8 9.5 (%) 15.6 15.7 15.8 4.75 (No.4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. *0 Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. Approved Warm Mix Asphalt (WMA) may be allowed on this project in accordance with CP 59. Unique requirements for WMA design, production and acceptance testing as documented during Weld County WMA approval shall be submitted and approved prior to creation of the Form 43 and before any WMA production on the project. BID NO#B2300056 40) Page REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-Ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO Test No. 58-28 58-34 64-22 64-28 70-28 76-28 Original Binder Properties Flash Point Temp., °C, minimum 230 230 230 230 230 230 T 48 Viscosity at 135 °C, Pa•s, maximum 3 58 3 58 3 64 3 64 3 70 3 76 T 316 T 315 Dynamic shear, Temp. °C, Where G*/Sin 6 @ 10 rad/s ≥1.00 kPa Ductility, 4 °C (5 cm/min.), cm minimum Toughness, joules (inch-Ibs) Tenacity, joules (inch-Ibs) Acid or Alkali Modification (pass -fail) Pass Pass Pass Pass Pass Pass CP-L 2214 RTFO Residue Properties Mass Loss, percent maximum 1.00 58 1.00 58 1.00 64 1.00 64 1.00 70 1.00 76 CP-L 2215 T 315 Dynamic Shear, Temp. °C, where G*•Sin 8 @ 10 rad/s ≥ 2.20 kPa Elastic Recovery, 25 °C, percent min. 50 50 T 301 Ductility, 4 °C (5 cm/min.), cm minimum PAV residue Properties, aging Temperature 100 °C R 28 Dynamic Shear, Temp. °C, where G*.Sin b @ 10 rad/s 19 16 25 22 25 28 T 315 5000 kPa Creep Stiffness, @ 60 s, test Temperature in °C -18 -24 -12 -18 -18 -18 T 315 S, Maximum, MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 ** direct tension, temperature in °C, @ 1 mm/min., where failure strain ≥ 1.0% -18 -24 -12 -18 -18 -18 T 314 ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID NO # B2300056 41IPage Exhibit B Rose Everett From: Sent: To: Subject: Attachments: Nancy Herbstreith <nancyh@asphaltspecialties.com> Wednesday, February 22, 2023 9:52 AM bids Bid Documents Weld County Hot and Warm Mix Asphalt Supply 2023 Weld County Hot and Warm Mix Asphalt Suupply 2023 Bid Documents.pdf Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, Attached are the Bid Documents for the Weld County Hat and Warm Mix Asphalt Supply 2023. "I hereby waive my right to a sealed bid". Thank you for the opportunity to bid this project. Thank you, Nancy Herbstreith Project Administrator 720-322-7791 BID SCHEDULE (based on estimated 2023 auantitiss) ASPHALT Sri:CVLTIES CO.,[NC. 11,10..as S±roet Henderson, CO 80040-8137 ITEM # ITEM Ua ANTITY UNIT BID PRICE CONTRACT PRICE pLor Ioc* TON PER UNIT` , 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 1,000 TON $65.00 $65,000.00 ES5 0 620 SOUTH 100 TON $64.00 $6,400.00 1,7.5.2=1 CO 80803 403.02 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) NORTH 68,075 TON $65.00 $4,424,875.00 17085 WCR 394 Evans, CO 80620 SOUTH 8,800 TON $64.00 $563,200.00 1auono NCO 80603 403.03 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 17,780 TON $73.00 $1,297,940.00 17085 WCR 394 Evans, CO 80820 SOUTH 5,400 TON $72.00 $388,800.00 5752 WCR 6 Dacono, CO 80603 403.04 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (20% RAP) NORTH 6,460 TON $68.00 $439,280.00 17085 WCR 394 Evans, CO 80820 SOUTH 100 TON $67.00 $6,700.00 5752 WCR 6 Dacono, CO 80603 403.05 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) NORTH 3,500 TON $65.00 $227,500.00 17085 WCR 394 Evans, CO 60620 SOUTH 100 TON $64.00 $6,400.00 5752 WCR 6 Dacono, CO 80603 702.02 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40 000 ' GALLON $6.00 $240,000.00 Evans, CO 5 WWCR BID NO # 82300056 12 IPage Bid Onenina Checklist: with eve Failure to submit ntr of documents will disqualify your bid, Ni Bid Schedule/Summary (page 12) X Signature page (page 13) X7 Receipt of addenda(s), if any, should be signed. (page 14) S Bld Bond (Page 15.16) X7 Anti -Collusion Affidavit. (page 17) ap Statement of Qualification (must be signed and notarized) (pages 18-21) 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. #B2300056. 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. The bid(s) may be awarded to more than one vendor. FIRM Asphalt Specialties Company, Inc. BUSINESS ADDRESS 10100 Dallas Street CITY, STATE, ZIP CODE Henderson, Colorado 80640 TELEPHONE NO 303-289-8555 FAX 303.289-7707 TAX ID # 84.1197469 PRINTED NAME AND Daniel W. Hunt �� ,, SIGNATURE 0� ) :,t�r� �• �•�%.0'. ` F iIO tit E-MAIL Deanr@asphaftspecialties.com i 1992 - 10F. DATE 02/22/2023 S Q QR �•O, te WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF 5tEMMRT urd NUMBER IS #98-03551.0000. *THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** it 181,44 BID NO # B2300056 13 I P a g e RECEIPT OF ADDENDA (See Attached Sheet) Hot & Warm MbcAsphalt Suoely 2023 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described In the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 22nd day of February , 20 23 FIRM NAME: Asphalt Specialties Company, Inc. BY: Daniel W. Hunt TITLE: President BIDDER'S LEGAL SIGNATURE: T STATE OF INCORPORATION: Colorado ADDRESS: 10100 Dallas Street Henderson. Colorado 80640 TELEPHONE NO: 303-289-8555 FAX NO: 303-289-7707 ATTEST: Elizabe Clafllo - Secret BID NO # 62300056 14 ( P a g e SAMPLE BID BOND Hof & Warm Mix Asphalt Supple 2023 a CO Corporation KNOW ALL MEN BY THESE PRESENTS, that Asphalt Specialties Co., Inc. n as Principal, and Great American Insurance Company an vll Cnrporatinn as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Total Amount Bid Dollars (5 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated 02/22/2023, for the Hot & Warm Mix Asphalt Supply 2023 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 21st day of February , 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authoityubitay, governing board. Principal Asphalt Specialties Co. Gi �' cc r, l Y !� Address 10100 Dallas St. ATTEST: BY: Henderson, CO 80640 Elizabeth 'N Ain - Secretary 7- V By' Daniel W. Hunt - President ATTEST' By: V. hit , Urety witness BID NO # B2300056 Surety Great American Insurance Company Address}' 1 E Fourth Street, Cincinnati, OH 45202 Jes a Jean Rini, Attorney -in -Fact 15)Page INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal Is a partnership; the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond es individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and thebond must be snouted under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form maybe used in Ileu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduce d by use of such standard printed bond form. BID N0 # 82300056 16 I P a g e GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET ° CINCINNATI, OHIO 45202 a 513-369-5000 a FAX 513-723-2740 The number of persons authorized by this power o['attorney is not more than FIVE No.O 22111 POWER OF ATTORNEY KNOW ALL MEN HI' TRUE PRESENTS: ThattheORBATAMERICAN INSURANCE COMPANY, a corporation orgtmizcdand existing louder and by virtue of the lowsofthe Stole of Ohio. does hereby nominal, constitute and appoint the person or polletnn mood below. each individually 9'mon diem one is named, its true and lawful ettonrey-in-Pact, forth and in its name, place and stead toe}{cruet un behalf of the said Company, os aunty, any and all bonds, undertukinps and contracts ofxoietyehip, or other written obligations In the none thcrevvf; provided that Ilse liability of the said Company on arty such bond. undertaking or contract of 2rintyahip executed under this authority shall nut exceed the limit stated below. DONALD E. APPLEBY TODD D.BENGFORD SARAH C. BROWN Name Address MARK SWEIGART ALL OF JESSICA JEAN RINI GREENWOOD VILLAGE, COLORADO Limit of power ALL $100,000,000 This Power of Atlontcy revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. INWITNESS WHEREOF the GREAT AMERICAN INSURANCE CONIPAN1'tins caa000f esepresentstobe owed and sllestedbyitsappropriate officers mat its corporate seal hereunto affixed this 22ND day of DECEMBER 2022 Attest UREATAMERICAN INSU $NCE CV9MPANy . tFSiY.I St'Cf41G/l' STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICARIOta77.377.24a51 On this 22ND day of DECEMBER , 2022 , beh+mmepersonally appeared MARK VICARiO, tome known. being duly swami, deposes and says that he resides in Cincinnati, Ohio, that he is u Divisional Senior Vice President of Ate Boud Division of Great American insurance Company, the Company described in and which executed the Above instt000tt; that he knows site seat of the said Company: That the seal sated to the said emu -anion is such corporine seal, that it ,was so Axed by authority of hA lilies Linder the By -Laws of said Company. and that he signed his mime thereto by like authority. SUSAN A K0N0AST Notary Public State of 0hl° My Comm. Echoes May le, 2025 .-624/ This PuwerofAttotney is grantee by authority oflhe following resolutions adopted by the Board of Directors of Great American Ina Ira nce Company by unonhnoos mouton consent dated Joule 4, 2008. RESOL I LD: Thal the Divisional President, the several L3ivi.sional Seaiot l hoe Presiderrrs, Divisional 15ce Presides.. and Oitdsarul Assiskren l ice Prtrtldgti. or anyone of them betvrd heomOy-is aurha•Inrd Jham Hone -to rf,ne, la appoint are or more Arrm net's -in -Fact to erectile on 6ehdf of the Comp, oa 0000; carp and oil boadr, zendorsaingr amdc orrh ©els o/atorrysirip, or other written obligations in the natter thereof} to prewar their nopocrivedtuies and due respective limier of their (BoboNiy; oral Nn teunks any such rppohtettent us any Nom. R WLl -F,D FO/RTNER: Thar Nor Cwnporp• seal oral the signatory of any q/'tho lemur. glficers one/ any Seorta7• or Assistant Seenerty of the Cal pmo• n toy be ti(aad by 4 otunk io any paver of mrorney or errt((rcirrle of riper Oren for the execution of ottr bait{$ nn lertokhr& caramel of ar h1 , or other nTlihm obligmbo in Nip Mina Mewl; such signature and seal when so rcud being hereby adopted by the Company er, he original sfgnulaam of sod ()by any! drtorlginob sent 0. 1. Contpeny; N be valid and bOxitng ;lean the Collor + frith Nor Antos fortm aped dirt as iho ogh manually of.. CERTIFICATION 1, STEPHEN C. BERAHA, Assistonl Secretary of Great American Insurance Company, do hereby eenify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of luxe 9, 2008 have not been revoked and ere now in full force and effect. Signed and sealed this 21st day of February , 2023 .A.o,+iJk n n Scr rc rut y sia2m. faa1201 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT Vlitt0056 LOCATION Hot & Warm Mix Asphalt Supply 2023 Weld County, Colorado bid a Mai'Matthew angst. thatnW to iarn the person rudon W rtable within M", for pethe final w decision r *sloths l a Thee !mss) and at out of this w his or bar bebrie amt on *MO's* my tsar!. b°t°'" °r' I further sliett that t. The ptioe$d) and amount of this bid have been emitted at Independently, without oa+nttigglon, communication or for Sts ' or with the affact of nebbiding convention with soy other fruit or pornon who to a bidder opoiartHalpinNer 2A. Neeter the Olt nor the amnia alibis bid hem bean d<l *eel, to stay other &at or parson who is a biddder;or poiargfel prior• .doron etN ptd]act, end wig not be so dsctossd prior to bid opening.. 2Q. Neither tits ptloes nor the amount of thy bid of tiny other firm or person who Is a bidder' or noterttiaf prime bidder on ttYs Ott eef`be to been *Mond to ma or my firm. 3, No attempt has been made toadish, cause or iiobae any bon or potion who Is a bidders potential ptkma bidder to tefrakr flan bldoing oner nds fit aids higher than t , of this f or any or nett. otsboatithr.old in' W 33. No, nt toot been proortisad or soioE4d fin arty oiler firm or person who is a bidder or on project to eubtrlit atnb Intentioe ly hips, nonoompeblos or other form of ooarptementuty 4. The bid Ot my tine is mude,te {pod idth not pruatattrt to ealgr comfit dlsretsMion with. or kt4uoemant or 50u on by or haw any sluts or p.t.O. tti submit palltive or o nom m of aompnatinteiy b d. 5. Wise ties WOWS is sntentd Into a or miens undoes Sem tiny stns Or person, or offered. kt � w prnmlot¢ ar pejd u≥a7111, a whether iioor any other, pomnn to rppakn from bidding or to•eubmti ed or aprastng or drintsh0 to do sodet Oft 0. My pan has not accepted or Won SSM0etje attySinter and whether to eslrnsoflon ma MN* imp ogna ► projsctt, kt norteid Mdi+ fanny ____ or otter farm of sernolemetilitry bid, or veering ar prornhine 5e do so, 7, trove Made a agent ioqutry of all mambo's, otacers. and agertis e(rnylina to the Prepotreibrn. ot tupraltaibn af,n►yM bid tt ha eta star In ins comp nniSort, oo?tstrtkiNiotn, sraitulitirt apse+ condos d the saitemenle and etpntanlatbns e. I understand and troy flat! underitaisis Visa arry,tttisdt4unsfrt kl "Oa t lldevk le and el,.a bIs lmaid es s ttautititont oanoa0iment from the Colo tdo Dop rbannt of Tramporlaeion. of the tare fads reisiitd to Ali of bids for this DECLARE UNDER PENALTY OP P€RJiJRY l THE 8 ANTtyP NY OT it:A9i.E STATE OR F t rT TKE STATE'M "8 MAT0 oN N7' ATtE.Tlui@ t TO THE t ST t.01u o tinteainwirtyne�aa Asphalt Specialties Company, Inc. d Prints bidder this project: noncom StmstStfebit s a tabs of'nel.ed.le ar 094*. ta • aoyhm on pgmoM. or ottner p1t a1T bid each of n. or Daniel W. en Sworn to before me this 22nd day of, Februrary 2023 Jars Nelson NOTE! Thls document must he stoned In Ink. JAN NELSON NOTARY PUBUC STATE OF COLORADO fg}. in Eigilrlls �, BID NO # B2300056 17 C P a g e STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: February 22, 2023 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement Is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which Is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1, Name of Bidder(Company or Firm): Asphalt Specialties Company, km. 2. Permanent main office address: 10100 Dallas Street Henderson, Colorado 80640 Phone Number: 303-289-8555 Fax Number: 303-289-7707 3. Year Company was organized: 02/27/1992 4. Number of years this Company has been engaged similar construction: 31 Years under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? Same Company 31 Years/Bonding 31 Years 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: "PLEASE SEE ATTACHED LIST' $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description end state the number of days beyond the contract completion date. Nope 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. None B I D NO ii B230O056 10 1 Page 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. None 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. None 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. No 11. Describe all contracts that the Company failed to complete. None 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. None 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Asphalt Supply City and atv of Denver Location: 62nd Avenue Asphalt Plant Owner's Representative: Dean Rze3szut Supt: Greg Neely Phone: 303-902-3734 Completion Date: December 31, 2021 Contract Amount: $1.1 Mil Project Name: Boulder County Road Maintenance Yearly Hot Mix Supply BID NO # 82300056 19 l P a g e Location: Firestone Asphalt Plant Supt: Greg Neely Owner's Representative: Larry Bryan Phone: 303-441.3962 Completion Date: December 31, 2022 Contract Amount: $700,000.00 Project Name: Longmont Yearly Hot Mix Supply Location: Firestone Asphalt Plant Supt: Neely Owner's Representative: Matt Ream Phone: 720.261.4820 Completion Date: December 31, 2022 Contract Amount: $164,000.00 14. List .all of the subcontractors ppthe eeCom�ppany intends to uugse under this contract, the work that each IF subcontractor will and CONTRACTORS e BEING FURTHER bki that SIDIDERE SAWARD IF REQUESTED, THOSE C FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR None WORK DESCRIPTION % OF WORK 15. List the principal members of the Company who will be involved with this project, including the superintendentt, foreman, project manager, eetfc. NAME TITLE "PLEASE SEE ATTAHCED RESUMES" YRS. PERTINENT EXPERIENCE 16. List ail lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. None BID NO # B2300056 20 ( P a g e The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 22nd day of February , 2023. Bidder: Asphalt Specialties Company, INc. Company By: Name: Daniel W. Hunt (Please Type) Title: President 0�•••lilll�t��f `jtitGj, ♦ NOTARY ��+G�4r•'•�~�'�'f+j A'. n - r•1992 County of Adams ) 0.16 - V)944-44.60, ) ss. State of Colorado Daniel W. HUnt being duty sworn, deposes and says that he is President (Title) of Asphalt Specialties Company, Inc. (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this 22nd day of February , 2023. eison Commission Expires Notary Public BID NO # B2300056 21' Page Work In Process Report II For The Period Thru 11/30/22 Project Name of Project Amount Sch Completion Contract Date 20028 Saunders - Academey at Mapleton Hill 20100 HEI - York Street Phase 1 21001 Saunders - SEAM 21009 Saunders - Southeast Aurora Rec Center 21025 SEMA - I-25 Express Lane Seg 5&6 21039 Wonderland Homes - Aspen Creek 21048 Okland - LH Miller 21049 Arvada - Ralston Road 21076 Pinkard - Capstone at Centerra 21084 Jalisco - Tower Fanns 56th Ave 21085 Barton Malow - SCL West 21089 SMH West - Loretto Heights Infrastructure 21119 JACO - Future Legends Sports Park 21123 Saunders - Bioscience 5 22126 Premier Facility - Fly Way 22004 Saunders - Macy's 22005 Hall Irwin - Hidden Creek 22010 Zak Dirt - Washington Street Widening 22013 Hanson - 144th Ave Widening 22014 Meritage - Murphy Creek 22017 JHL - Crossing Point South Apt 22019 F/P - Lyn Knoll P8 22034 DeFalco - Colorado and Tipple Intersection 22036 Mortenson - Blue Sky ATF 22037 Deneuve - Crosswind at Arista 22047 Catamount - High Point 22049 WTX - Mountain Brook 22052 Thompson Thrift - The Quarry 22056 Edge Contracting - 2022 Huron Waterline 22059 Royal Electric - Adams County Airport 22063 DMD Property - Everbrook Academy 22076 DR Horton - Opting Valley Ranch 22085 FP - Heritage Heights Academy 22086 Vortex - SACWSD 2022 Waterline Replacement 22089 OPUS - Cadence Broomfield Senior Center 22092 RLW/SEMA - I25 N Expansion 22093 Jalisco - CDOT US85 & WCR44 22097 Hyder Coast - Floors & Doors 22098 IBS - Daybreak at Tower 22099 Swift Builders - Weld County Planning Department 22106 Built - Longmont Climbing Collective 22107 DCB - Cross Creek 22108 Brinlmian Coast - Springs at Sandstone 22111 Saunders - Timberline Housing 22112 Naranjo Civil - Niver Creek Improvements 273,090.00 06.23. 972,630.02 03.10. 2,577,362.00 09.25. 1,119,608.00 03.31. 9,389,343.67 05.05. 1,661,940.40 06.30. 366,453.00 07.10. 1,397,426.45 06.09. 194,459.27 03.10. 308,313.71 04.07. 1,397,148.63 07.07. 1,280,767.83 03.17. 1,604,816.42 08.25. 149,795.50 10.06. 772,428.48 04.28. 96,220.00 06.23. 1,216,521.40 09.25. 1,913,998.00 04.28. 1,222,674.40 04.28. 709,719.76 09.01, 212,878.45 04.12. 596,418.20 04.05. 302,943.50 04.05. 421,944.40 08.04. 444,064.21 04.05. 780,294.00 06.09. 1,192,430.80 08.04. 1,070,792.00 09.29. 616,675.50 04.28. 822,214.00 06.02. 140,950.00 04.28. 3,726,768.45 06.23. 454,773.60 04.28. 499,725.00 06.30. 302,339.60 03.17. 556,379.70 97.28. 4,256,807.50 12.13. 191,822.70 05.26. 129,398.00 04.14. 280,194.05 05.05. 134,105.00 04.12. 273,321.50 05.19. 735,122.55 08.11. 732,477.00 07,14. 52,132.00 04.05. DANIEL W. HUNT 16220 WEST 761H AVENUE ARVADA, COLORADO 80007 303-431-4776 1 Xt F,RI1ACE 1991- Present Asphalt Specialties Co., Inc. President & Chief Executive Officer Responsibilities: All operations, Bidding, Equipment & Real Estate Acquisitions. 1989-1991 Douglas County Asphalt, Inc Chief Estimator and Project Manager, responsible for all bidding and soliciting of jobs, administering contracts and subcontracts, billing and collections, scheduling and managing of work. Company sales increased from approximately 1.8 million in 1988 to almost 4 million in 1990. Also included were contracts with individual property owners, developers, general contractors, municipalities and government agencies. 1985-1989 Nalco Patching and Sealing Responsibilities: All field operations including hiring and training employees, selecting and purchasing equipment, repair and maintenance of equipment, inspecting and scheduling jobs and working with the owner, representatives and inspectors. Also involved with bidding all larger jobs. When I first started, the company only did sealcoat and striping with its own forces, and subcontracted all asphalt and concrete work. I developed crews and equipment to do all work: cracksealing, sealcoating, asphalt paving and repairs, as well as concrete, with the company forces. This enabled the company to grow from about $600,000 sales in 1985 to 1.4 million in 1989. 1983-1985 Bituminous Roadways of Colorado Responsibilities: Bidding, contracting and managing of commercial asphalt projects, consisting of new parking lots, repair of parking lots and streets. Also all aspects of individual jobs from initial contact through collection of money. Sales total in 1983 was 0750.000 and 2.5 million in 1985. 1974-1982 Asphalt Specialties, Inc. Responsibilities: Started working in summers while in high school for father's business, as a laborer and equipment operator. Went to work full time after high school as estimator. I advanced to Chief Estimator managing two estimators, soliciting contracts managing jobs, invoicing and collecting money. Sales total in 1982 was approximately 1.8 million. Graduated from Northglenn High School in 1977. Have attended numerous seminars and classes relating to the asphalt paving construction industry, managing and supervising people and computers. LAWRENCE M. OLSON 1573 EAST 131ST PLACE THORNTON, COLORADO 80241 303-450-6065 EXPERIENCE 1999- Present Asphalt Specialties Co., Inc. Vice President Responsible for over -seeing all construction projects as well as the fine, grade and pave aspect of the company. Responsibilities include managing the estimators/project managers, tracking job cost for all projects, along with coordination and scheduling of field crews, supervisors and foreman. 1998 —1999 Premier Paving Project Manager Responsible for all bidding and soliciting of jobs, administering contracts and subcontracts, billing and collections, scheduling and managing of work. Company sales increased from $1.8 million to approximately $7 million. Also included were contracts with individual property owners, developers, general contractors, municipalities and government agencies. 1997 —1998 Brannan Sand & Gravel Project Manager Responsible for estimating, creating and submitting bids and managing both public and private works construction projects, field coordination, cost control, organizing subcontractors, procure and allocate materials, process billings and assist field personnel in liaison with owners and public entities. 1994 — 1997 Connell Resources Project Manager/Operations Manager Responsible for the asphalt and aggregate division for the company, along with estimating, creating and submitting bids. This included daily attention to scheduling, hauling efficiency, mix designs and quality. Worked directly with owners and private entities to ensure their satisfaction in a quality project, while providing cost effectiveness for the company. Supervised all areas relating to quality control, estimating, hiring, firing and monitoring the flow of information between the office and field. 1992 —1994 Asphalt Specialties Co., Inc. Project Manager Managed public works and private construction projects, field coordination, cost control, organized subcontractors, procured and allocated materials, processed billings and assisted field personnel in liaison with owners and public entities. Special Software: Bidtek, PCS Estimating System, HCSS Estimating System Spreadsheet: Excel (versions 4,5,7). Quatro Pro Word Processing: Microsoft Word (versions 2,6,7); Word Perfect (versions 5.2,6) Operating Systems: Microsoft Windows '95 ELIZABETH CLAFLIN 9817 HILLDALE DR. MORRISON, CO 80465 303-697-6121 EXPERIENCE 11/03 -Present 4/01-11/03 7/99-4/01 6/95-3/99 Asphalt Specialties Co., Inc. Controller Responsible for accurate monthly/annual financials, including cash flows, balance sheet, fixed assets, and capital expenditures. Set up/improve efficiency of accounting software and establish interfaces with existing software. Ensured compliance with local, state, and federal tax regulatory bodies. Manage accounting staff including front desk personnel and have the ability to motivate and train others and adapt to multiple situations. Aggregate Industries Senior Accountant/Assistant Controller Responsible for monthly/annual fmancials, including cash flows, balance sheet, fixed assets, and capital expenditures. Create annual budgets in excess of $20 million, present monthly forecasts and business commentaries. Gained experience in acquisitions and post audits. Participated in accounting best practices committees established by management for the entire US operations. Managed staff accountants and accounts payable specialist and had the ability to motivate and train others and adapt to multiple situations. Aggregate Industries Staff Accountant Prepared month end journal entries. Reconciled inventory, asset and liability accounts. Created weekly management reports. Responsible for weekly job cost reports. Analyzed and prepared information needed for Corporate Tax Packet. World Exchange/Wanderlust Imports Owner and Manager Responsible for all accounting and tax related issues. Established business plans, projections and budgets. Executed a new and successful marketing program that increased sales by 18%. Managed all employees, leases and contracts. EDUCATION Metropolitan State College of Denver ❖ BS Accounting University of Colorado -Boulder ❖ BA, International Relations with and emphasis in Spanish COMPUTER SKILLS Excel, Word, Access, JD Edwards, Quickbooks, TMT, Command Data, JWS, MS Internet Explorer, Powerpoint KURT OLIVIER 13363 PEARL ST. THORNTON, CO 80241 303-453-1238 EXPERIENCE 1996 -Present Asphalt Specialties Co., Inc. Project Manager/Estimator, Scheduling Manager Estimate civil construction focusing on large asphalt projects. Manage jobs ranging from small parking lots to multi -million dollar roadway improvements and cost estimate proposals, etc. 1989-1996 Brannan Sand & Gravel Co. Project Superintendent, Assistant Superintendent Management, Scheduling, Cost Control and Customer Service etc. 1986-1988 Por-Mor Construction Co. Foundation and caisson work including formsetting, street reinforcement, concrete placement and finishing for both residential and commercial structures. 1985-1986 Sullivan Corporation Tennant finish work, finish carpentry and general labor. 1984-1985 Hodack Contemporary Development Drywall, metal framing and general labor Colorado State University ❖ Bachelors of Science, 1990 ❖ Construction Management • Estimating • Project Management ❖ Computer/ Autocad SCOTT CONNER 10047 STRATHFIELD LANE HIGHLANDS RANCH, CO 80126 sandsconner@gmail.com 720-262-6706 IiXPi?ltlfiN'CF 2014- Present Asphalt Specialties Co., Inc. Quality Control Manager Responsibilities: Manage the Quality Control Division personnel and ensure a safe working environment for all. Create cost effective mix designs and implement testing procedure for all plant produced materials. Meet regularly with State and Municipalities to discuss and find solutions for any of their concerns. Champion ASCI to attain the AMRL Laboratory accreditation, recognized by AASHTO/AGT as a qualified Lab Manager, also RSO for the company radiation safety program. 2011-2014 Kleinfelder Project and Lab Manager/CoMET Field Supervisor Responsibilities: Construction Materials Field Supervisor for CO Springs Office. Oversee crew of 7 to 10 Construction Technicians and manage projects for CO Springs. Materials Field Supervisor for the RTD EagleP3 Light Rail Expansion, with 6 Inspectors that oversee 10-15 crews on the Eagle Project. Laboratory Manager of the Golden office, oversee all aspects of the lab including budget, asphalt testing, mix design, concrete, aggregates, Shot Crete and soils. 2004-2011 2001-2004 LPN Brannan Sand and Gravel Project Superintendent Responsibilities: Scheduling all phases of construction projects. Communicating with customers and subcontractors, to coordinating equipment, plants and drivers. Identify deficiencies and develop strategies to improve them. Accurately forecast budget and scheduling and organizing Subcontractors, personnel and equipment to meet the goals and budget. Track project KPI's and make sure job sites, staging areas, vehicles and equipment exceed environmental specifications. Lafarge North America Asphalt Quality Control Manager Responsibilities: Work with Plant Management to ensure continual quality of materials, maintain HMA production efficiency and cost control. Communicating with Customers (CDOT, City & County, Private Developers) to educate and advise on quality control issues. Represent and promote Lafarge in industry association. Oversee 10-20 employees in the quality control department. 2000-2001 Denver Church of Christ, Minister 1999-2000 Brannan Sand & Gravel, Quality Control Manager 1996-1999 Colorado Asphalt Pavement Association, Lead Instructor Graduate of University of Colorado, Bachelor of Science Degree and Certifications from OSHA/MST-IA, Labcat ABCE, AC! Field & Strength and First Aid/CPR. Radiation Safety Officer Certified. MICHAEL T. SUTTON 5376 Potentilla Street Brighton, CO 80601 MSutton94@yahoo.com 314-465-8807 2019- Present Asphalt Specialties Co., Inc. Project Superintendent Responsibilities: Oversee various construction and development projects in the one million to eight -million -dollar range. The work includes removals, pipe installation, sub -grading, asphalt paving and excavation. Responsible for up to eight crews as well as subcontractors. Organize the coordination of testers, trucking, quality control and scheduling with Operations Manager and Project Managers. Maintain positive relationships with Inspectors, Municipalities, Residents and owners. Daily input of time cards, yield sheets, production and cost analysis. 2014-2019 1991-2014 ABNA Engineering -St. Louis, MO General Superintendent — Construction Division Responsibilities: Manage Construction Division of five underground crews. Quality Control duties for work on utilities and waterlines. Communication with teams regarding ASI's, RFI's and material Submittals. Identifying and helping to resolve non-compliance issues with safety, health, and environmental quality. Keeping communication to project teams to ensure correct project scheduling and maintaining a daily log of activities on the job sites. Presiding over weekly subcontractor meetings and pre -construction meetings. Assist with hiring and P&L responsibilities for the division. Pace Construction Co. — St. Louis, MO Construction Paving Superintendent Responsibilities: managing a mainline paving crew of ten employees. Annual volume of 400 to 500K tons AC placed. Company annual volume $80=M/yr, 70% DOT and Public Works and 30% private. Responsible for assigning teams to specific work and make sure new hires have necessary training. Directed workers, on specific tasks and inspected and approved work performed by contractors and subcontractors. Worked closely with Architects and Engineers. Managed job costs vs budgets creating spread sheets for material, labor, and equipment. I began as an apprentice operator and worked up to Superintendent. Graduated from Operating Engineers Joint Apprenticeship Program (License and Certification) North County Technical School/University City High School (Degree Earned) Form W-9 (Rev. October 2018) Depadnettef the Dewey Internal Rawinue Service Request for Taxpayer identification Number and Certification I. Go to www.irs.goy/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. I Name fee shown on your income tax return). Name is required on tttta Me; do not leave this.... ASPHALT SPECIALTIES C.O., INC. 2 Business entity name, if different from above w 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check following seven boxes. p ❑ Individuai/sole proprietor or ❑I C Corporation ❑ S Corporation ❑ Partnership single -member LLC I 0 ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) p i Note: Check the appropriate box in the line above for the fax cr',:g ication of the single -member owner. � LLC (f the LLC 18 classified as a single -member LLC that is disregarded from the owner unless the E u another LLC that (a not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single M disregarded from the owner should check the appropriate box for the tau classifcation of its owner. OOther (gee Inetn v9vnel I. only one of the ❑ Trust/estate ► 4 Exemptions certain entitles, instructions Exempt payee Exemption code (If eny) rgnpfres to accounts (codes apply only to not individuals; see on page 3): code (if any) from FATCA reporting of not check owner of the LLC Is -member LLC that mainfaired outs tle the U.S/ y 5 Address (number, street, and apt. or suite no.) See Instructions. y 10100 Dallas Street Requester's name and address (optional) e Gay, state, and ZAP code Henderson, CO 80640 7 List account nenbot(s) here (opt)vna( MB axpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 1 Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. mg 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); end 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Cerdficetion instructions. You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. or t9nptoy r Identification numbs 6 4 9 7 4 6 9 Sign I signature of Here u.s. person ► 74.#4, xu s / ez� f Date ► 02/22/2023 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gcy/FonnWa Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-OIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 102310 Form W-9 (Rev. 10-2019) Form W-9 (Rev. 10-2018) Page 2 By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you area U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you area U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding tax. Therefore, if you area U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust Foreign person. If you area foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 6233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who become. a resldeM alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you area U.S. resident alien who Is relying on an exception contained $t the saving xlauee of a tax treaty to claim an exemption front U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies th. following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exempgon from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Suffldeot facts to justify the exemption from tax under the terms of the treaty 85tidle. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under US. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even afterthe Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you area nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup wfhholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, end certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to bean exempt payee if you ere no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, If the grantor of a grantor trust dies, Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect_ Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018) Page 3 Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is fora joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person ar entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040H you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040U on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that )s not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2, e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c))2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, )f a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity )s a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This )s the case even )f the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on Ilne 1 Check only one box on line 3. IF the entity/person on line 1 is a(n) ... THEN check the box for ... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited )lability company and enter, U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or (P= Partnership; C= C corporation; or S. S corporation) • LLC that is disregarded as an entity separate from its owner but the owner )s another LLC that )s not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions f you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes Identity payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 —An organization exempt from tax under section 501(e), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2 —The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9 —An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev. 10-2018) Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above. 1 through 13. IF the payment Is for ... THEN the payment Is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,000' Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a cotporation and reportable on Form 1099-MISC are net exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line fora FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(6(37) B —The United States or any of its agencies or instrumentalities C —A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D —A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E —A corporation that is a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(6(1)(1) F —A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G —A real estate investment trust H —A regulated investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J —A bank as defined in section 581 K —A broker L —A trust exempt from tax under section 664 or described in section 4047(e)(1) M —A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FAT. code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part i. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you area resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS Individual taxpayer identification number{ITIN). Enter it In the social security number box. If you do not have an ITIN, see How to get a TIN below. If you area sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you area single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an $5N, get Form SS -5, Apploation fora Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an !TIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.Us.gov/Forms to view, download, or print Form W-7 and/or Form SS -4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS -4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply fora TIN and write "Applied For" In the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for e TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you area U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. Fora joint account, only the person whose TIN is shown in Part should tin (VAten regUIred). In the case of a disregarded entity, the parson Identified on tine 1 must sign. Exempt payees, see Exempt payee coots: earlier: Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018) Page 8 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1989. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must glue your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured properly, cancellation of debt, qualified tuition program payments (under section 529), ABLE account. (under section 529A), IRA, Coverdell ESA, Archer MSA or NSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual 2. Two or more individuals (joint account) other than an account maintained by an FFI 3. Two or more U.S. persons ((olnt account maintained by an FFI) 4. Custodial account of a minor (Uniform Gilt to Minors Act) 5. a. The usual revocable savings trust (grantor Is also trustee) b. So-called trust account that is not a legal or valid trust under state law 6. Soh proprietorship or disregarded entity owned by an individual 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.621-4(b)(2)(i) (A)) The Mdfvkfual The actual owner of the account or, if combined funds, the first individual on the account' Each holder of the account The minor' The grantor -trustee' The actual owner' The owners The grantor' For this type of account: Give name and EIN of: 8. Regarded entity not owned by an individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, club, religious, char t.le, educational, or other tax- exempt organization 12. Partnership or multi -member LLC 13. A broker or registered nominee The owner Legal entity° The corporation The organization The partnership The broker or nominee For this type of account: 14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments Give name and EIN of: The -public entity 15. Grantor trust fitng under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671.41b( ' List first and circle the name of the person whose number you furnish. If only one person on a joint o000 mt has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. a You must show your individual name and you may also enter your business or DBA name on the "Business osnle/dfsregarded entity" name One. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. ° List first and circle the nameof the trust, estate, or pension trust. (Do not fumfsh the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. "Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed, Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, identity Theft information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic probem, or are seeking Otero resolving tax problems that have not been resolved through normal channels, may bs eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing Is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to bean established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018) Pane B The IRS does not initiate contacts with taxpayers via emalis. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingairs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emalis to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/compfaint. You can contact the FTC at www.ftc.govJidtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of Identity theft, see www.Ident/tyTheft.gov and Pub. 5027. Visit www.irs.govAdentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you 4o provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. NOTICE OF AWARD Hot And Warm Mix Asphalt Supply 2023 (South County) To: Asphalt Specialties Company Inc. 10100 Dallas Street Henderson. CO 80640 Project Description: Hot & Warm Mix Asphalt Supply 2023 (South County) The contract, Hot & Warm Mix Asphalt Supply 2023, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 971.500.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 20 day of March , 2023 Weld County, Colorado, Owne By: Joshua J. Holbrook Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the abo otice of Award is hereby acknowledged by Asphalt S eci hies Company, Inc. Dated this 30th By: ontractor) day of March , 20 23 Title: Vice President Bond No. 4692093 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Asphalt Specialties Co., Inc., 10100 Dallas St., Henderson, CO 80640 as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and Great American Insurance Company, 301 E Fourth Street, Cincinnati, OH 45202_ as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County, P.O. Box 758, 1111 H Street, Greeley, CO 80632 as Obligee, (hereinafter called the Buyer), in the just and full sum of _$971,500.00 - Nine Hundred Seventy One Thousand Five Hundred Dollars and 00/100 (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 bid -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: Hot and Warm Mixed Asphalt 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 �ave signed and sealed this instrument this the day of . 20 � Co vO�0R9?� Asphalt Specialties Co., Inc. �F.; SEAL (Principal) _e(;� 1992 O ;o (Seal) �OYS•.OR .•\ �. (Title) 'el W. Hunt — esident (Witness) izabeth Clafl ,f - Secretary Great Amer an Insurance Company (Surety) (Seal) (Title) Sa . n '.: rown, . Attorney -in -Fact to Power of Attorney Form (Witness) hley Allen BID NO # 02300056 22 ( P a,g e GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No. 0 22111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. DONALD E. APPLEBY TODD D. BENGFORD SARAH C. BROWN Name MARK SWEIGART JESSICA JEAN RINI Address ALL OF GREENWOOD VILLAGE, COLORADO Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22ND day of DECEMBER 2022 GREAT AMERICAN INSURANCE COMPANY Attest Assistant Secretary 1,0 Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK wCARRo (877-377-2105) On this 22ND day of DECEMBER , 2022 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST Notary Public State of Ohio My Comm. Expires May 18, 2.025 a a14.5, This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to arty power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Pow er ofAttothe' and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of , 2023 . Assistant Secretary S1029AH (03/20} AC R0� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-844-484-7750 Holmes Murphy ✓t Associates - CO CONTACT Nick Brown NAME: PHONE IFAX (A/C. No. Ertl: 720-456-5770 (A/C, No): 7600 East Orchard Road, Suite 230 South E-MAIL nbrown®holmesmur h ADDRESS: P Y. com INSURER(S) AFFORDING COVERAGE NAIL # Greenwood Village, CO 80111 INSURERA: ZURICH AMER INS CO 16535 INSURED INSURER.: GREAT AMER INS CO 16691 Asphalt Specialties Co., Inc. INSURER CILLINOIS UNION INS CO 27960 10100 Dallas St MSURERD: INSURER E : Henderson, CO 80640 MSURERF: COVERAGES CERTIFICATE NUMBER: 68299646 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITI T TYPE OF INSURANCE ADDL SUBR MMD W. POLICY NUMBER POLICY EFF R&M POLICY EXP (MM/DD EPA LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE EI OCCUR X BI/PD Ded: $5,000 GLO147328803 06/30/22 06/30/23 EACH OCCURRENCE $ 2,000,000 PREMISES (Ea occurrence) $ 100 , 000 MED EXP (Any one person) $ 10,000 PERSONALSADVINJURY $ 2,000,000 GENERALAGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LI PROT El LOC JEC OTHER: PRODUCTS-COMP/OPAGG $ 4,000,000 A AUTOMOBILELIABILITY X ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AT ONLY BAP147329003 06/30/22 06/30/23 COMBINEDSINGLELIMIT a accident) 5 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELIALIAB EXCESS LIAR 0 OCCUR CLAIMS -MADE TU1425707700 06/30/22 06/30/23 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I. I RETENTION$ 10,000 A AND EMPLOYERS' LIABILITY =la1FI scDMPENAtrIlL ANYPROPRIEFEE EZZEREINECUTIVE L OFFICERIMEMBER EXCLUDED9 (Mandatory In NH) If yes, descritre under DESCRIPTION OF OPERATIONS below N /A wC647320903 06/30/22 06/30/23 X I STATUTE I I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000.000 E.L. DISEASE - POLICY LIMIT $ 1, 000. 000 C Pollution Liability G27410351000 06/30/22 06/30/23 $1,000,000 Limit Ret:25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: Bid Package No. B2300056. Certificate Holder is an Additional Insured on General Liability and Pollution Liability as required by written contras; with the insured, per policy terms and conditions. The General Liability, Auto Liability, Workers Comp and Pollution Liability policies include a waiver of subrogation in favor of the certificate holder as required by written contract with the insured, per policy terms and conditions. The General Liability, Auto Liability and Workers Compensation policies include an endorsement providing that 30 day's notice of cancellation will be furnished will be furnished to the certificate holder. Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County, Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street Greeley, CO 80631-0000 USA AUTHORIZEDREPRESENTATIVE l / '/iJf(/��' d71 ACORD 25 (2016/03) agrassoco 68299646 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo am registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/30/2023 NAME OF INSURED: Asphalt Specialties Co., Inc. that an insured includes anyone liable for the conduct of an insured but only to the extent of that liability. All coverage terms, conditions and exclusions of the policy apply. The workers compensation, general liability, auto liability and umbrella policies include a waiver of subrogation in favor of the additional insured only if required by written contract. SUPP (10/00) C. ❑❑❑mm❑ ®❑m7fddd ❑d mm ❑r❑a•❑❑❑0P. [ 011=00 MOO ED0CIII] ® mErr❑❑m® MOM= ME m rm ❑®®❑C®❑CIV — Commercial General Liability Conditions ❑❑❑mdd ®❑❑®m ❑d m ❑C®❑®®❑m 1. ❑ ❑®❑®❑®d®®❑❑®Ca❑®❑®m oBMLEElHr❑❑M'IIIHEEDEMELIE 00110E0TEIBIOCEE001 ❑ 2. ❑ ❑H❑m®mrHID]❑m❑®m®®® [al offiE1100Elaa0111100010E0d 3. ❑ H❑❑❑❑EDIEr ❑m❑mm❑d ®d ❑❑ ❑®®❑®m mrO mml m ® ❑❑ ❑ulimEE H ❑❑®❑❑®®❑®❑ I Ri l l ! ❑d mm ❑❑❑m❑r=TrErm❑d ErDE❑®m❑mdd ®❑❑O m -❑d m ❑®❑m❑®mr❑d ®®❑mm❑❑®❑[mDr❑mII ]] [iti ❑❑®❑m EIMMITEELEr ❑❑mm❑m ❑®®❑mdd ®❑❑®mr❑d=0D ❑❑ ❑d E[00ir ❑d ®❑mr®❑®❑H❑miQ] mr®❑m❑r❑❑❑ ❑❑m r 00EIM0DEEDIE=ECr ❑❑❑m❑D® a®❑dm❑❑®❑H®❑Erm D. ❑a-®❑ma❑❑C❑CH®❑®[]IH r 011 dm®®❑da'm❑ ❑❑m 1.❑❑❑❑mm❑M0= ❑dd❑d❑m❑m❑❑❑m❑r❑mmr❑❑m❑❑❑❑d®❑❑❑m❑❑®❑❑IV — Commercial General Liability Conditions Primary and Noncontributory insurance O 011I0E0Er ❑❑mm1]-® a-mHH❑dEll =D❑®❑❑717❑H®❑H❑®❑❑ m❑®ma-mmr❑❑mmmm❑®mm❑mddllmo Hi ®mr❑d Orr Dal ❑d ®❑m a. ❑❑❑01dd®❑❑®mr❑d=0D ❑❑ ❑dalma Lid OCdCr®mmm❑raura ❑❑m®❑d b. ❑ DEED. ❑cr❑❑❑H❑d❑❑m❑rHDH❑❑m❑H 00=rmrH❑❑❑a'❑❑❑ ❑❑mm❑mm®®Ca❑❑m❑❑❑❑H® a'IMA0❑❑mm❑m MOT E00=015100 m❑®m❑rDH[[H mmmm❑®®®❑mdd ®❑❑®mr❑d ❑ 2. ❑❑❑0]I]m❑®❑ma-❑o'❑❑❑mIIDdd❑d®m Er 0Er 000 gi.b.m®❑m ma•=Mr ❑❑mm❑❑d®❑m®DEM0N - Commercial General Liability Conditions ▪ ❑®CH❑❑m®CIT=Ea ❑Cm®❑mma'®m'MEM0 ❑❑ma'®®a•®® ❑HE m]'m❑®❑Hm❑r . [HHI]I]mm❑®®m❑mddEE =aid 0DQDm ❑=0Didd ®❑❑®mr❑d 0000Danii0E11111111111LEMEEEM0d OM= Dodd DID❑❑®mrDd m❑m❑❑ma'®❑mz] Er DA ®❑❑z]mr❑❑❑[D•=MD ❑H' ❑m❑rr❑❑❑❑' ®0IMEE=® Ea ET moll ®❑❑=a01= d ❑❑®❑®❑❑m1IDm❑m ❑❑mmmm ❑0ID®❑mdd oD: ]I1Hmr❑d ME= ❑❑ ❑d®mr❑d m❑®mmma-m❑ ❑d m ❑[H Dana[ThI I]llJ 1[ln❑❑❑rand mm ❑mrHiHi m❑H=am r®❑m❑ = 00=a 0Thia000=0E00ald®❑❑®m ❑dm❑mm[®❑r®❑dm❑❑❑ m❑H®❑0➢'®❑® E. ❑❑m7❑❑d a'm❑ MEd ❑❑❑7❑❑®❑❑m7[IDm❑mdd ®❑❑®mr❑d m ❑®m❑Dm❑❑❑mdd ❑d mm®❑ HE m❑d ❑rm❑ ❑❑m HE ®❑m❑mdd ®❑❑oDmm ❑d ®mm mod ❑®m®dd ®❑❑®mr❑d 1=d m ❑®m❑d amp DECIIOOO01011MO 11u 1 ®❑ m❑CIS ❑❑®d mdd ®❑❑®m' ❑d ❑ F. ❑ ®H❑m❑m mim❑mm-❑❑mmuE d ad mm❑mdd ®❑❑®Ca Dd ®❑d a-m®❑d a•m❑ ❑❑®❑mm❑ IIEDEDEdd ❑d m❑ ❑ ❑❑m❑ III — Limits Of Insurance❑ ❑ ❑❑m ❑❑I®❑m IIIEB0=0=00EIEDDID0nald 011100010111r Ed =❑m❑ ❑❑❑®®mr❑❑m❑ 1. R❑❑❑H❑dmmIDJ❑mrTE011 [DH 011111lE1 r El MED-000 ❑❑[H ma0000,1mlm[H a000 t► .m®®❑dCrm❑ Luna 2. m mm❑®m❑d Er =00=1001011 ®®m D0M= =Eon ❑mIr❑m]❑m ❑ ❑®❑m' Loi ❑ ❑®❑da'EE0 0011EMIIE0IIM00=0[000011000MEDITh SIEMEEThriir Dom= 0IIETEDD❑DID'❑H❑m ❑ MED-MO MEd 0I❑❑d 0IEEDEEDITIELEDT00 ❑®m❑m®❑❑d ❑ ❑ ® ❑®0O1E®❑ ®0100 00 ®®d ❑®O=t®mil ® Ea®=oirEFFTIT a®® ®®®®®n0 ®00 Contract Form ❑ New Entity? Entity e ASPHALT SPECIALTIES CO INC 94 Contract Marne HOT AND WARM MIX ASPHALT SUPPLY 2023 (SOUTH SUPPLY) Contract Status CTB REVIEW Contract I[1 6821 Contract L=y JHOLBROOK Contract Jholbrookfoco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Descry SUPPLY WELD COUNTY PUBLIC WORKS WITH HOT AND WARM MIX ASPHALT FOR OUR 2023 PROJECTS IN THE SOUTHERN HALF OF WELD COUNTY. Contract Descre., • 2 Contract Type -° CONTRACT A.mount. $971,500.00 Renewable. YES Automatic hen PUBLIC WORKS Departure it CM- PublicWorksWweldgov.com Requested -C nrda Due Date Date* 04108/2023 04/12/2023 Mil a work session with BOCC be required?* NO Email Does Contract require Purchasin CM-Publ icWorks- YES OeptH e adWwel dgov.com County Attorney KARIN MCDOi UGAL IGp, County Attorney Email KMCI7OUGALACO.WELD. CO. US I6 this is a ren a C amt 11 MA Contract ID j Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in BidfRFP#* 2.300056 Review Date* 01/01/2024 Renewal Date. 03/01/2021 Termination Notice Period tied 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 04/10/2023 Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 04;10/2023 04110/2023 04/10/2023 Final Approval ROCC Approved 1t3CC Signed Date 1OCC Agenda Date 04/1212023 Originator I HDLUROOK Tyler Ref # AG ,D C.,41223 2 3 ()allvac- - l (0SUI Comorft Plend9L- WELD COUNTY AGREEMENT FOR MATERIALS BETWEEN WELD COUNTY & MARTIN MARIETTA MATERIALS, INC. THIS AGREEMENT is made and entered into this 5' day of pv I l 202,_, 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 Martin Marietta Materials, Inc. whose address is 1800 N. Taft Hill Road Fort Collins, CO 80521, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt in 2023. (North County Only) with the possible two, one year renewals. 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. B2300056". The RFB 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 B 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 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 Exhibits A & B. 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 e anersary ate of this Agreement, County shall notify 2oz3-0541 */°-#3 EC-�oc I 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. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 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. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. BID NO # B2300056 2 I P a g e "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. 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 $6,989,263.75, 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 from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. 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 BID NO # 82300056 3 I P a g e this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. 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 to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. 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. 12. 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. 13. 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 BID NO # B2300056 4 I P a g e 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. 14. 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. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor 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 BID NO # 62300056 5 I P a g e 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. 16. 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 reduction, 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 (10) 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 shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its 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 BID NO # B2300056 6 I P a g e 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; $2,000,000 general aggregate; $2,000,000 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 all 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. BID NO # B2300056 7 I P a g e Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. 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. 18. 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. 19. 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. 20. 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. BID NO # 82300056 8 I P a g e Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Martin Marietta Materials, Inc. Attn.: Ryan Yoch, VP General Manager Address: 1800 N. Taft Hill Road Address: Fort Collins, CO 80521 E-mail: jerimy.runner@martinmarietta.com Facsimile: 970.407.3900 County: Name: Joshua J. Holbrook Position: Pavement Management Supervisor Address: 1111 H Street Address: Greeley, CO 80632 E-mail: jholbrook@weldgov.com Facsimile: 970.304.6497 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. BID NO # B2300056 9 I P a g e 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. BID NO # B2300056 10 'Page IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 22 March , 2023. CONTRACTOR: Martin Marietta Materials, Inc. By: Name: Ryan Yoch Title: VP General Manager Date 3/22/2023 day of WELD COUNTY: ATTEST.d/o BOARD OF COUNTY COMMISSIONERS Weld ounty Clerk to the B : rd WELD COUNTY, COLORADO Deputy Clerk to the Board eman, Chair APR 0 5 2023 BID NO R B2300056 11 'Page 2,,,z3- D/ Exhibit A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT & WARM MIX ASPHALT SUPPLY 2023 (with options for 2022024/2025) January 2023 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B2300056 Wage 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 material supply for this project. INVITATION TO BID 3 BIDDING REQUIREMENTS Instruction to Bidders Insurance Requirements General Specification Bid Proposal (Bid Schedule) Bid Submittal Checklist and Signature Page Receipt of Addenda Bid Bond (Example) Anti -Collusion Affidavit Statement of Qualifications and Subcontractors CONTRACT FORMS Supply Bond (Example) Sample Contract (attached) PROJECT SPECIAL PROVISIONS Index Revision of Section 104, Revision of Section 105, Revision of Section 105, Hot Mix Asphalt Revision of Section 106, Revision of Section 403, Revision of Section 702, Scope of Work Claims for Contract Adjustment Conformity to the Contract of Control of Material Hot Mix Asphalt Bituminous Materials 3-7 8-9 10-11 12 13 14 15-16 17 18-21 22 23-33 34 35 36 37 38 39-40 41 BID REQUEST #62300056 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 1,2023 BID NUMBER: B2300056 DESCRIPTION: Hot and Warm mix Asphalt Supply 2023 DEPARTMENT: Weld County Public Works BID OPENING DATE: February 20, 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: Weld County is soliciting bids to supply Weld County Public Works with Hot and Warm Mix Asphalt for 2023. More than one vendor may be selected for this contract. Bids will be received until: February 20, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 20, 2023 at 10:30 AM. 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: 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 7. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request 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. Bid Delivery to Weld County: 1. Emailed bids are required. Email bids to bids(a�weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. BID REQUEST #B2300056 Page 3 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 on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 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 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. 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 that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is BID NO # B2300056 4 I P a g e advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business 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. BID NO # B2300056 Wage J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year 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 BID NO # B2300056 6 I P a g e 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 business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: 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. BID NO#B2300056 7IPage Page 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall BID NO # 82300056 8 I P a g e contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. 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; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders 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 Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO # 62300056 9 I P a g e PURPOSE: Weld County is soliciting bids to supply Weld County Public Works with Hot and Warm Mix Asphalt for 2023. More than one vendor may be selected for this contract. General Conditions and Specifications: 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their mixing plant. North supply shall be asphalt plant(s) north of US 34 and South supply shall be asphalt plant(s) south of US 34 3. Weld County will pick up all materials from the vendor's plant on an as -needed basis. The vendor will load and scale all materials at the plant. 4. Bids on materials shall be good through March 1, 2024, with the ability to renegotiate unit prices at the end of each calendar year. 5. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. Project job location list supplied upon request. 6. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. Also, all tickets must have Mix Design, Weld County Material Code and Project Number printed on them or no payment will be made. Invoice shall also be submitted per Project Number. 7 The Contractor shall submit, two job mix formulas for testing and approval. CDOT job mix formulas based on the materials to be used are acceptable. 8. Bidders must have storage for the emulsified asphalt and liquid asphalt. Bidder(s) must be able to provide Weld County with precut and preheated liquid asphalt. 9. Weld County will notify the successful bidder(s) twenty-four (24) hours in advance of any asphalt supply needs. 10. The bidder awarded the Hot/Warm Mix Asphalt Bid will be required to supply as much as 300 ton per hour to Weld County when requested. In the event where a contractor cannot supply material needed Weld County will use other vendors. The contractor will pay the added cost if the other supplier has a higher price. The contractor will also be responsible for additional hauling costs. 11. Weld County requires that hot/warm mix asphalt be supplied from the first of March to the end of November, weather permitting. 12. The "special provisions" on pages 34 through 41 apply to this request and shall be adhered to. 13. Bids shall be submitted based upon anticipated 2023 supply quantities outlined on page 12. 14. The successful vendor shall execute a supply bond for their awarded materials. 15. The specification for Hot and Warm mix asphalt shall be in accordance with the most recent Colorado Department of Transportation, Standard Specification for Road and Bridge Construction and Field Material Manual, unless otherwise stipulated in this document. Reference to the division shall mean Weld County and all documentation required will be handled through the Public Works Department. BID NO # B2300056 10 'Page Weld County Contact Questions related to the project and procedures should be directed to: Joshua J. Holbrook Weld County Public Works 970.400-3744 jholbrook@weldgov.com Terms and Conditions All Vendors will be required to sign Weld County's Materials Agreement. A sample Agreement is attached to this document. The Materials Agreement shall commence approximately March 2023 and continue in full force and effect for one year. At the option of the County, the Materials Agreement may be extended for up to two (2) additional years. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index (Paving, PG 58 per ton Denver) to measure the percent of increase from year to year to justify increases in cost. Price adjustments will not be implemented without final approval from Weld County. The Contract may be used at the option of other Weld County Departments. BID NO#B2300056 111 Page BID SCHEDULE (based on estimated 2023 quantities) 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 1,000 TON SOUTH 100 TON 403.02 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) NORTH 68,075 TON SOUTH 8,800 TON 403.03 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 17,780 TON SOUTH 5,400 TON 403.04 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (20% RAP) NORTH 6,460 TON SOUTH 100 TON 403.05 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -58-28) (20% RAP) NORTH 3,500 TON SOUTH 100 TON 702.02 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON BID NO # B2300056 12 IPage 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. ❑ Bid Schedule/Summary (page 12) E Signature page (page 13) ❑ Receipt of addenda(s), if any, should be signed. (page 14) ❑ Bid Bond (Page 15-16) ❑ Anti -Collusion Affidavit. (page 17) ❑ Statement of Qualification (must be signed and notarized) (pages 18-21) 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. #BB2300056. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID NO # B2300056 13 'Page RECEIPT OF ADDENDA (See Attached Sheet) Hot & Warm Mix Asphalt Supply 2023 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 20 FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID NO # B2300056 14 'Page SAMPLE BID BOND Hot & Warm Mix Asphalt Supply 2023 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , for the Hot & Warm Mix Asphalt Supply 2023 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety Address ATTEST: By: BID NO # B2300056 15 ' P a g e INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B2300056 16 'Page COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, horn 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. 2B. 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 rnade to solicit, cause or induce any fine or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is rnade in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project. in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high. noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person. whether in connection with this or any other project. in consideration for my firm's submitting any intentionally high. noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion. or other conduct in0nsistent 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. Contapofe Mm or Company name By ( Dab Tme 2. ooneadoes 6rm w OWOOny name. (e )0eH wen.. ) By fIl j Dab Thee Sworn to before me this day of, 19 Notary Pudic My wmmaaion e,,OS NOTE: This document must be signed in ink. BID NO # B2300056 17 IPage STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder(Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2300056 18 j P a g e 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: BID NO # B2300056 l9 I P a g e Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO # B2300056 20 I P a g e The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2023. Bidder: Company By: Name: (Please Type) Title: NOTARY County of ) ss. State of being duly sworn, deposes and says that he is of (Title) (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2023. (SEAL) Commission Expires Notary Public BID NO # B2300056 21 I P a g e SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) 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 Obligee, (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 NO # B2300056 22 ' P a g e WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & [CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202 , 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[Contractor], hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt in 2023. (North County Only) with the possible two, one year renewals. 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. The RFP contains all of the specific requirements of County. 55 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 B 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 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 Exhibits A & B. 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 BID NO # B2300056 23 ( P a g e 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. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 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. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum BID NO # B2300056 24 ( P a g e standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. 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 $ , 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 from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. 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 BID NO # B2300056 25 'Page unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. 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 to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. 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. 12. 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. 13. 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 BID NO # B2300056 26 I P a g e 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. 14. 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. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor 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 BID NO # B2300056 27 ( P a g e 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. 16. 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 of any reduction, 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 (10) 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 of any 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 shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its 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 BID NO # B2300056 28 I P a g e 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; $2,000,000 general aggregate; $2,000,000 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 all 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. Contractors Pollution Liability BID NO # B2300056 29 ( P a g e Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 17. 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. 18. 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. 19. 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. 20. 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. BID NO # B2300056 30 ' P a g e Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn.: Address: Address: E-mail: Facsimile: County: Name: Position: Address: Address: E-mail: Facsimile: 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. BID NO # B2300056 31 I P a g e 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. BID NO # B2300056 32 'Page IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2023. CONTRACTOR: By: Date Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair BID NO # B2300056 33 'Page INDEX PROJECT SPECIAL PROVISIONS Index 34 Revision of Section 104, Scope of Work 35 Revision of Section 105, Claims for Contract Adjustment 36 Revision of Section 105, Conformity to the Contract 37 Revision of Section 106, Control of Material 38 Revision of Section 403, Hot Mix Asphalt 39-40 Revision of Section 702, Bituminous Materials 41 The specifications for material supply shall be in accordance with the most recent Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction and CDOT Field Materials Manual, unless otherwise stipulated in this document. The super pave mix design procedure should be run at a minimum 100 gyrations of compactive effort. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Section 105.04 Conformity to the contract of Superpave Performance Graded Binders Section 105.05 Conformity to the Contract of Hot Mix Asphalt Section 105.09 Coordination of Plans, Specification, Supplemental Specification and Special Provisions Section 105.22 Dispute Resolution Section 106.01 Source of Supply and Quality Requirements Section 106.02 Material Sources Section 106.03 Samples, Tests, Cited Specifications Section 106.04 Qualification of Testing Personnel and Laboratories Section 106.05 Sampling and Testing of Hot Mix Asphalt Section 106.07 Material Inspections at Plant Section 106.08 Storage Materials Section 106.09 Hauling Materials Section 107.01 Laws to be Observed Section 109.01 Measurement of Quantities Section 401.01 Description (Plant Mix Pavements) Section 401.02 Composition of Mixtures Section 401.03 Aggregates Section 401.04 Mineral Filler Section 401.05 Hydrated Lime Section 401.06 Asphalt Cements Section 401.08 Asphalt Mixing Plant Section 401.09 Hauling Equipment Section 401.13 Preparation of Asphalt Cements Section 401.14 Preparation of Aggregates Section 401.15 Mixing Section 401.21 Method of Measurement Section 702.01 Asphalt Cement Section 703.04 Aggregate for Hot Mix Asphalt Section 703.06 Mineral Filler Section 712.03 Hydrated Lime BID NO # 82300056 34 ( P a g e REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.2-(c) shall be revised as follows: Delete 2"d paragraph starting with "If the alterations" to 3th paragraph subsection . and revise with Weld County reserves the right to increase or decrease the quantities up to twenty-five percent (25%) of the total bid as best fits its needs. BID NO # 62300056 35IPage P a g e REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Joshua Holbrook, Pavement Management Supervisor Project Engineer: Don Dunker, P.E., County Engineer Project Inspector: Ryan Axtman, Inspection Supervisor BID NO # B2300056 36 ( P a g e REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF HOT & WARM MIX ASPHALT Section 105.05 of the Standard Specifications shall include the following: No incentive payment will be made under this Contract. No disincentive payments will be made under this Contract. BID NO # B2300056 37 ( P a g e REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.05 (b) of the Standard Specifications shall include the following: Samples for project acceptance testing shall be taken at the asphalt plant and meet the requirements of section 106.04. Vendors must have a testing lab at the asphalt plant where the mix is being supplied to run samples for process control testing. Personnel performing the process control testing must meet the 106.04 qualification, the lab at the asphalt plant does not have to meet the requirements of 106.04 for process control testing only. Section 106.5 (g.3) of the standard Specifications shall include the following: In the event where a contractor's production is suspended due to Condition red, Weld County will use another vendor/contractor during the suspended time frame. The Contractor will pay the added cost if the other supplier(s) has a higher price per ton and will also be responsible for additional hauling cost. BID NO # B2300056 38 ( P a g e REVISION OF SECTION 403 HOT & WARM MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-28) Hot Mid Asphalt (Grading SX)(Asphalt)( Gyrations )(PG 58-28) Warm Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item and Warm Mix Asphalt will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Weld County will establish the production asphalt cement and volumetric targets based on the vendors mix design and the relationships shown between the hot mix asphalt mixture volumetric properties and asphalt cement contents on the Form 429. Weld County may select a different AC content other than the one shown at optimum on the vendors mix design in order to establish the production targets as contained on the Form 43. Historically, Air Voids adjustments typically result in asphalt cement increases from 0.1 to 0.5 percent. Contractors bidding the project should anticipate this change and factor it into their unit price bid. BID NO # B2300056 39IPage P a g e Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 5.0% 37.5 (1%) 11.6 11.7 11.8 25.0 (1) 12.6 12.7 12.8 19.0 (%) 13.6 13.7 13.8 N/A 12.5 (%) 14.6 14.7 14.8 9.5 (%) 15.6 15.7 15.8 4.75 (No. 4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. Approved Warm Mix Asphalt (WMA) may be allowed on this project in accordance with CP 59. Unique requirements for WMA design, production and acceptance testing as documented during Weld County WMA approval shall be submitted and approved prior to creation of the Form 43 and before any WMA production on the project. BID NO # B2300056 40 P P a g e REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-Ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO Test No. 58-28 58-34 64-22 64-28 70-28 76-28 Original Binder Properties 230 3 58 - Pass 230 3 58 Pass 230 3 64 - - Pass 230 3 64 - Pass 230 3 70 Pass 230 3 76 - - Pass T 48 T 316 T 315 - CP-L 2214 Flash Point Temp., °C, miiiimtam Viscosity at 135 °C, Pus, maximum Dynamic shear, Temp. °C, V erejG" ISin 6 @ 10 raft Z1-00 kPa Ductility, 4 °C (5 cm/min.), cm minimum Toughness, joules (inch-Ibs) Tenacity, joules (inch-Ibs) Acid or Alkali Modification (pass-) RTFO Residue Properties 1.00 58 - 1.00 58 1.00 64 - 1.00 64 - 1.00 70 50 1.00 76 50 CP-L 2215 T 315 T 301 Klass Loss, percent maximum Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s a 2.20 kPa Elastic Recovery, 25 °C, percent min. Ductility, 4 °C (5 cm/min.), cm minimum PAV residue Properties, aging Temperature 100 °C 19 16 25 22 25 28 R 28 T 315 timic Shear, Temp. °C, w re G. -Sin 6 @ 10 rad/s s 0 kPa Creep Stiffness, @ 60 s, test Temperature in °C -18 -24 -12 -18 -18 -18 T 315 S, A aximum, MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 dint tension, temperature in'C, @ 1 t1►r l/min., where a 1.O. -18 -24 -12 -18 -18 -18 T 314 ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID NO # B2300056 41IPage Exhibit B Rose Everett From: Sent: To: Cc: Subject: Attachments: Ken (Kenneth) Carter <KEN.CARTER@martinmarietta.com> Tuesday, February 21, 2023 12:57 PM bids Jerimy Runner; Kenneth Ball Martin Marietta - Bid Number B2300056 - 2023 Hot and Warm Mix Supply 2023 Martin Marietta - BID Number B2300056 - 2023 Hot and Warm Mix Supply 2023.pdf Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. I hereby waive my right to a sealed bid. Please contact Jerimy Runner at (970) 556-0105 with any questions. Thank You WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT & WARM MIX ASPHALT SUPPLY 2023 (With options for 2024/2025) January 2023 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO It B2300056 1 1 P a g e BID SCHEDULE (based on estimated 2023 quantifies) ITEM # ITEM UANTITY UNIT BID PRICE CONTRACT PRICE PLANT LOCATION PER UNIT 403.01 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (20 % RAP) NORTH 1,000 TON $69.75 $69,750.00 925 N. 35th Ave., Greeley, CO 80634 SOUTH 100 TON $65.35 $6,535.00 6395 Pecos, Denver, CO 80221 403.02 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (20% RAP) NORTH 68,075 TON $68,25 $4,646,118.75 925 N. 35th Ave., Greeley, CO 80634 SOUTH 8,800 TON $62.10 $546,480.00 6395 Pecos, Denver, CO 80221 403.03 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 17,780 TON $79.00 $1,404,620.00 925 N. 35th Ave., Greeley, CO 80634 SOUTH 5,400 TON $75.00 $405,000.00 6395 Pecos, Denver, CO 80221 403.04 WARM MIX ASPHALT (GRADING -8) (ASPHALT)(100) (PG 64-22) (20% RAP) NORTH 6,460 TON $71.25 $460,275.00 925 N. 35th Ave., Greeley, CO 80634 SOUTH 100 TON $65,10 $6,510.00 6395 Pecos, Denver, CO 80221 403.05 HOT MIX ASPHALT (GRADING-SX) NORTH 3,500 TON $71,00 $248,500.00 925 N. 35th Ave., Greeley, CO 80634 (ASPHALT)(100) (PG -58-28) (20% RAP) SOUTH 100 TON $65.35 $6535.00 6395 Pecos, Denver, CO 80221 702.02 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40 000 ' GALLON $4.00 $160,000,00 925 N. 35th Ave., Greeley, CO 80634 BID NO # 82300056 12IPage Bid Opening Checklist: Ail of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. o Bid Schedule/Summary (page 12) ❑ Signature page (page 13) ❑ Receipt of addenda(s), if any, should be signed. (page 14) ❑ Bid Bond (Page 15-16) O Anti -Collusion Affidavit. (page 17) ❑ Statement of Qualification (must be signed and notarized) (pages 18-21) 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. #B2300056. 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. The bid(s) may be awarded to more than one vendor. FIRM Martin Marietta Materials. Inc. BUSINESS ADDRESS 1800 N. Taft Hill Road CITY, STATE, ZIP CODE Fort Collins. CO 80521 TELEPHONE NO 19701407-3678 FAX 19701 407-3900 PRINTED NAME AND TITLE Rvan Yoch. VP General Manager SIGNATURE F+A y5L TAX ID # 56-1848578 E-MAIL ierirnv.runner@martinmarietta.com DATE 2/10/2023 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID NO # 62300056 13 ' P a g e RECEIPT OF ADDENDA (See Attached Sheet) Hot & Warm Mix Asphalt Supply 2023 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 10 day of February , 2023 FIRM NAME: Martin Marietta Materials, Inc. BY: Ryan Yoch TITLE: VP General Manager BIDDER'S LEGAL SIGNATURE:rA y` STATE OF INCORPORATION: North Carolina ADDRESS: 1800 N. Taft HiII Road. Fort Collins. CO 80521 TELEPHONE NO: (970) 407-3678 FAX NO: 19701407-3900 ATTESTX 4'N' Nt BID NO # B2300056 14 'Page BID BOND Hot & Warm Mix Asahalt Impojv 2023 Martin Marietta Materials, Inc. A KNOW ALL MEN BY THESE PRESENTS, that North Carolina Corporation as Principal, and Arch Insurance Company, A Missouri Corporation as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Jive (5%) Percent of Amount Bid Dollars ($ 5% of amt. bid. ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated Februaro s, 2023, for the Hot & Warm Mlx Asphalt Supply 2023 as set out in the accompanying Bid. WHEREAS, the Owner has required es a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid Immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, If the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 2nd day of February , 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representative pursuant to authority of its governing board. Principal Martin Marietta Materials, Inc. Address 4123 Parklake Avenue ATTEST: / By: /la J n A. Gillen, Assistant Se =nary ATTEST: Raleigh, NC 27612 4 By. Tyler , Vice Prosldent Treasurer Surety Arch Insurance Comypany Address Harborside 3, 210 Hudson Street, Suite 300 Jersey City, NJ 07311-11+7 By. t BY` *L.fvs.c ! Kris W. K tzschma , A ey-in-Fact Rebeca L. Gomez Pones, Attorney -In -Fart BID NO # 82300056 151Pace AIC 0000371227 This Power of Attorney limits the act' of those named herein, and they have no author!, to bind rho Company except in the manner and to the extent herein stared. Pint valid for Note, Lnen, better of Ova, Currency Rote, Interest Rate or Residential Value Guarantees, POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Benjamin A. Stahl, Elizabeth K. Sterling, Krlsty W. Kretzschmar, Megan K. Douetre, Rebeca L. Gomez Porrns and Tyler Birch of Atlanta, GA (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed, Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding I�tl15 h.000llion Dollars 490.000.0001QQ). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10, 2020, Cie and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, end to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in rho nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 10, 2020: VOTED, That the signature of the Chairman of the Hoard, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, end the signature of the Secretary, (ha seal of the Company, and certifications by the Secretary, may be affixed by facsimile ou any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29"' day of Anrll, 2022. Attested and Certified ltagaa st. Shulman, Secetary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Michele Tripod', a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Rusehak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch. Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation end as their n free and voluntads for the uses and purposes therein set forth, Arch insurance Company Stephen C. Ruachak, Executive Vice President INIIIILEINPONArroyhiblie AOtCeats l0a Pala Mich e'14ipodi, Solar line My commission expires 07/31/2025 CERTIFICATION I, Regan A. Shulman, Secretory of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Audi 29. 2022 an behalf of the LYWflER: cutive Vice President of the Arch Insurance Comve hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thisZjday of_ a 4Re . A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch insurance —Surety Division 3 Parinvny, Suite 1500 Philadelphia, PA 19102 To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthent re tnsurance.com Please refer to the above named Attorney -In -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed In U.S.A. COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT B2300056 t rY:ArION Weld County, Colorado I hereby attest that ( am Mc 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 writ. authorization, enclosed herewith, from Ihat 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 al 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 prim° bidder, 2A. Neither Iho price(s) nor the amount of this bid have bean disclosed to any other firm or person who is a bidder or potential prim° bidder on this project, and will not bo so disclosed prior to bid opening. 20. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potonlial prime bidder on this project have boon disclosed to rite or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potonlial prim° bidder to refrain from bidding on this project. or to submit a bid higher Than Iho bid of this firm, or any intentionally high or non- competitive bid Of other form of complementary hid. 36. No agreement has boon 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, noncompotilivo or other form of complementary bid on this project. 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 inlonlionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontractor agnomen: regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of valets 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 matoriats or services to any firm or person, and has not boon 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 Tam's submitting any intentionally high, noncompetitive or other form of complementary but, or agreeing or promising to do so, on this project 7. I have made a diligent Mowry of all members, officers, employees, and agents of my firm with responsibilities retatmg to rho preparation, approval or submission of my firm's bid on this project a. have been advised by each of them that ho or she has not participated in any communication, consultation, discussion, agreement, caltuslon. or other conduct inconsistent with any of Iho 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. Martin Marietta Materials, Inc. tin" Ryan Yoch, VP General Manager /2/10/2023 trh N/A Sworn to before me this P i day of. F-Eh"."L At1 NOTE: This document must bo signed In Ink. BID NO # B2300056 JULIE M MIKULAS NOTARY PUBLIC NOTARY ID WM40o 923 MY COMMESION,IMPIRES MIN 2004 17IPage STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 2/10/2023 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder(Company or Firm): Martin Marietta Materials, Inc. 2, Permanent main office address: 1s00 N. Taft Road. Fart Collins. CO $0521 Phone Number: 19701 407-3615 Fax Number: 19701407-3900 3. Year Company was organized: 1993 4. Number of years this Company has been engaged similar construction: so+ under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 1-25 Express Lanes - 12/2023 $ 25 million Pierre WCR RR Rernnctrurtinn - 05/2024 $ 1.1 million Amazon Proiect 5uRar - 12/2023 $ 6.5 million 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N/A 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A BID NO #I B2300056 18 ' P a g e 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. N/A 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. N/A 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. N/A 11. Describe all contracts that the Company failed to complete. N/A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. N/A 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: 2022 City of Greeley Overlay Location: Greeley. Colorado Supt Chris Luden Owner's Representative: Pat Hill Phone: (970) 534-0156 Completion Date: 11/20/2022 Contract Amount: S5.7 million Project Name: 2022 City of Fort Collins Overlay BID NO # 82300056 19 j P a g e Location: Fort Collins, Colorado Supt: Jed Foust Owner's Representative: Mike Knox Phone: (970) 556.0089 Completion Date: 10/15/2022 Contract Amount: $5 million Project Name: 2022 Fort Morgan Overlay Location: Fort Morgan. Colorado Owner's Representative: Steve Glanrn ever Completion Date: 10/23/2022 Supt: Chris Luden Phone: (970) 534-0156 Contract Amount: $2.5 million 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractors work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR N/A WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Kenneth R. Ball lerimvA. Runner Kenneth Schaffer TITLE General Manager YRS. PERTINENT EXPERIENCE 20+ years Operations Manager 20+ years Plant Manager 25+ nears 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. N/A BID NO # B2300056 20 I Page The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 10 day of February , 2023. Bidder: Martin Marietta Materials, Inc. Company By: Name: Rvan Yoch (Please Type) Title: VP General Manager NOTARY County of Larimer ) ss. State of Colorado Ryan Yoch deposes and says that he is VP General Manager being duly sworn, of Martin Marietta Materials. Inc, (Title) (Company Name) and that the answers to the foregoing quAstions and all statements therein contained are true and correct. Subscribed and sworn before me this liday of , 2023. JULIE M MIKULAS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964009323 MY(eISSION EXPIRES MAY 30, 2024 Commission Expires91 ktig46.6-d— Notary Public BID NO # B2300056 21IPage NOTICE OF AWARD Hot And Warm Mix Asphalt Supply 2023 (North County) To: Martin Marietta Materials Inc. 1800 N. Taft Hill Rd. Fort Collins, CO 80521 Project Description: Hot & Warm Mix Asphalt Supply 2023 (North County) The contract, Hot & Warm Mix Asphalt Supply 2023, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 6,989,263.75 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 20 day of March , 2023 Weld County, Colorado, O er By: Joshua J. Holbrook Pavement Management Supervisor S.L � ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Martin Marietta Materials, Inc. (Contractor) Dated this 22 day of March 20 23 By: Ryan Yoch Title: VP General Manager SUPPLY CONTRACT BOND Bond No. SU1191946 Martin Marietta KNOW ALL MEN BY THESE PRESENTS, That, Materials, lac as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and Arch Insurance Company as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) Harborside 3, 210 Hudson Street, Suite 300, Jersey City, NJ 07311-1107 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of Six Million Nine Hundred Eighty Nine Thousand Two Hundred Sixty Three and 75/100 ($6,989,263.75) (here insert full name and address or legal title of the Buyer) Weld County - Public Works, 1150 O Street, Greeley, CO 80631 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 writ�ets,, ontract with the Buyer dated March 20, 20 23 to furnish Hot an Warm Mix sp t the following briefly described supplies:Suppy2023Renewal 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 the270hda of March , 2023 Martin Marietta Materials, Inc. (Principal) (Seal) 1 i1 ai , Treasury (Title), Alison Cut (Witness) Arch Insurance Company (Surely) (Se (Tide) Rebeca L. Gomez Pcrasy-in-Fact Attach valid Cor ora=er of Attorney Form (Witness) Alison Cuter' BID NO # 62300056 22 IPage AIC 0000387475 purposes therein set forth. CERTIFICATION 1, Regan A. Shulman, Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated December I. 2022 on behalf of the person(s) as listed above is a true and correct copy and Dist the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and i do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch insurance Company.,,,�� IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thislday of//I2.tcy1, 20,9S . This Potter of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Aklima Noorhassan, Anne L. Potter, Beverly A. Woolford, Cynthia Farrell, Debra A. Deming, Frances Rodriguez, Francesca Kazmierczak, Jennifer L. Jakaitis, Kemal Brkanovic, Nancy Schnee, Peter Healy, Susan A. Welsh and Valorie Spates of New York, NY (EACH) is true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars ($150,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1" day of December, 2022. Attested and Certified 4y-,. Y L ,g1,----- ReganW.Shulman, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and Arch Insurance Company Stephen C. Ruschak, Executive Vice President WHILE TOIPOCI, Rotary PiuWk Phpbbiolptila County ayrCttaalt5510.EaplresA*31, 2525 Ocntndtogre *mbar 126$622 Mich a 'podi, Notablic My commission expires 07/31/2025 &Y 1 ShSnWSEsnist This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthentic@archinsurance.com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. ACC)R0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 03/2312023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 Marsh USA Inc. 100 North T on Street, Suite 3600 harlotte, N 28202 Attn: CA NON-RESIDENT NO.OB22889 CN102458548-1.MMM-GAWX-22-23 RM201 CONTACT NAME: PHONE FAX MOIL. E. (A/C, No): E-MAIL in.: INSURER(S) AFFORDING COVERAGE NAIL $ INSURER A : American Zurich Insurance Company 40142 INSURED Martin Marietta Materials, Inc, Attn: Dan Welsh 4123 Parklike Avenue PO Box 30013 Raleigh, NC 27612 INSURER B : American Guarantee and Liability Insurance Company ty P Y 26247 INSURER C : INSURER D INSURER E : INSURER F : IFICATE NUMBER: ATL-005034 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR ingp yryp POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP IMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GLO987504401 09/30/2022 09/30/2023 EACH OCCURRENCE $ 3,000,000 DAMAGE TO RENTED PREMISES (Ea orxunence) $ 50,000 MED EXP (Any one person) $ PERSONAL 8, ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO• ❑ WC JECT OTHER: GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 6,000,000 A AUTOMOBILE Limns, X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED _ AUTOS X NON -OWNED AUTOS ONLY BAP987504501 09/30/2022 09/30/2023 COMBINEDddenU I -E SINGLIMIT (Ea ac 5 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ rpRenrTYDAMAGE (Peraccben0 $ $ B X UMBRELLA LIAB X OCCUR EXCESS LIAR CLAIMS -MADE AUC 3293761-01 09/30/2022 09(30/2023 EACH OCCURRENCE $ 1.000.000 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LWBILITY Y / N ANYPROPREMTR/PARTNEDREIg CUTIVE OFFICE PeiET t/SARTUDEE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC987504701 09/30/2022 09/30/2023 X I PER I 10TH - STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Weld County Is/are additional insured under General Liability tint uding ongoing and completed ops) and Automobile Liability as their interest may appear, if required by written contract w th the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holier, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCEL Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 758 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley, CO 80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ?i(vid! Z€Srg Tote, ACORD 25 (2016103) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Entity information Entity Name* MARTIN MARIETTA MATERIALS INC Entity ID. /000031274 ❑ New Entity? Contract Name* Contract ID 2023 HOT AND WARM MIX ASPHALT SUPPLY 2023 (NORTH 6807 SUPPLY) Contract Status CTB REVIEW Contract Lead* JHOLBROOK Contract Lead Email Jholbrook@co.weld.co.us Contract Description* SUPPLY WELD COUNTY PUBLIC WORKS WITH HOT AND WARM MIX ASPHALT FOR 2023 Contract Description 2 Contract Type* CONTRACT Amount* $6,989,263.75 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead/uveldgov.com County Attorney KARIN MCDOUGAL County Attorney Email KMCDOUGAL@CO.WELD.CO. GAL@CO. WELD. CO. US Requested BDCC Agenda Date* 04/05/2023 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/01/2023 Will a work session with 13DCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* 62300056 If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA 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* 01/02/2024 Comrrutted Delivery Date Renewal Date* 03/25/2024 Expiration Date Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head .CURTIS HALL DH Approved Date 04/03/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/05/2023 Originator JHOLBROOK Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 04/03/2023 Finance Approved Date 04/03/2023 Tyler Ref # AG 040523 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 04/03/2023 MEMORANDUM TO: Curtis Hall, Director lictoirks•/( DATE: 3/6/2023 Ligetec- FROM: Josh Holbrook, Pavement Management S apervisor SUBJECT: Bid Recommendation for #B2300056 Hot & Warm Mix Asphalt Supply 2023 On February 22, 2023, the bids for Hot & Warm Asphalt Supply were opened from three bidders. The three submitted bids were received from Asphalt Specialties Company, Inc., Martin Marietta Materials, Inc. and Holcim US. The recommendations and cost below do not exceed the 2023 budget for maintenance overlays. and BOCC approved HARP/DOLA road projects. Lowest bid, meeting bid specifications for the North asphalt supply was submitted by Martin Mar etta Materials Inc. Public Works Department has purchased asphalt materials from the low bidder on numerous occasions with good results and recommends Martin Marietta Materials Inc. be awarded the bid for a total amount of $6,989,263.'5. Lowest bid, meeting bid specifications for the South asphalt supply was submitted by Asphalt Specialties Company Public Works Department has purchased asphalt materials from the low bidder before with satisfactory results and recommends Asphalt Specialties Company be awarded the bid for a total amount of $971,500.0C. Attachment: 2023 Bid Tab Asphalt plant(s) location map. pc: Duane Naibauer, Deputy Director Public Works Christie Peters, Purchasing Manager Rose Everett, Purchasing Mona Weidenkeller, Office Tech IV/Payable/Receivable 03A 3 ZOZ3-oSyl 66 008 1 BID TABULATION HOT AND WARM MIX ASPHALT SUPPLY 2023 BID REQUEST NO. B2300056 Item Number Item Unit 403 01 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-221 HOT MIX ASPHALT (GRADING S) (100) (PG 64-221 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-28) WARM MIX ASPHALT (GRADING S) (100) (PG 64-22) HOT MIX ASPHALT (GRADING SX) (100) (PG 58-28) EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH SUPPLY ONLY TON Martin Marietta Materials BID PROPOSAL HOLCIM US Asphalt Specialties 925 N. 35th Ave Greeely, CO 80634 4- Quantity Quantity North South Unit Price 1.000 100 $69 75 North Supply Sub Total $69, 750 00 403 02 TON 68,075 8.800 $68 25 $4,646,118 75 403 03 403 04 403 05 TON TON TON 17,780 5,400 $79 00 $1,404,620 00 6.460 100 $71 25 $460,275 00 3.500 100 702 02 GAL 40000 0 Total $248,500 00 $160,000 00 6395 Pecos Denver, CO 80221 South Supply Unit Price 565 35 Sub Total 56,535 00 4801 E. 78th 1587 C R Ave 20.5 Commerce Longmont, North and City, CO North and South CO 80504 South Supply 80022 Supply Unit Price 56i 00 17085 WCR 394 Evans, CO 80620 North Supply Sub Total Unit Price $67,000 00 $67 00 $62 10 5546,480 00 $64 00 Sub Total Unit Price Sub Total $6,700 00 $65 00 $65,000 00 $4,356,800 00 $64 00 $563,200 00 $65 00 $4424.875 00 $75 00 $405000 00 $73 15 $1,300,607 00 $73 15 $395,010 00 $73 00 51 297,940 00 $65 10 $6,510 00 $69 00 $445,740 00 $69 00 $6,900 00 $68 00 $439,280 00 $6, 535 00 $69 00 $241.500 00 $69 00 SO 0C $0 00 $0 00 $6, 900 00 $65 00 $227,500 00 $0 00 $0 00 $0 00 $6 00 $240,000 00 5752 WCR 6 Dacono, CO 80603 South Supply Unit Price 564 00 $64 00 Sub Total $6,400 00 $563,200 00 $72 00 $388,800 00 $67 00 $6.700 00 564 00 X000 $6,989,263.75 $971,060.00 Total $6,411,647.00 $978,710.00 $6.400 00 $0 00 $6,694,595.00 $971,500.00 LOWEST BID(S) THAT MEETS BID REQUIRMENTS Martin Marietta Materials 925 N. 35th Ave Greeely, CO 80634 North Supply 5752 WCR 6 Dacono, CO 80603 South Supply Item Number Item Unit Quantity North Quantity South Unit Price Sub Total Unit Price Sub Total 403 01 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-221 TON 1,000 100 $69 75 $69.750 00 $64 00 $6,400 00 403 02 HOT MIX ASPHALT (GRADING S) (100) (PG 64-22] TON 68.075 8,800 $68 25 $4,646,118 75 $64 00 $563,200 00 403 03 HOT MIX ASPHALT (GRADING SX) (100) (PG 64-26) TON 17 780 5,400 $79 00 $1,404,620 00 $72 00 $388,800 00 403 04 WARM MIX ASPHALT (GRADING S) (100) (PG 64-22) TON 6.460 100 $71 25 $460,275 00 $67 00 $6,700 00 403 05 702 02 HOT MIX ASPHALT (GRADING SX) (100) ,(PG 58-28] TON 3,500 100 $71 00 $248,500 00 $64 00 $6,400 00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH SUPPLY ONLY GAL 40,000 ( 54 00 $160.000 00 $0 00 50 00 Total Asphalt Specialties 2023 HMA Bid Tab2023 $6,989,263.75 Total Grand Total $7,960,763.75 $971,500.00 3/7/2023 Jt vette°, ieli ngton Erie •Z Lafayette tt Nu! 1 Pierce Au t Eaton Ga!etor Ow) B►;ggsdale 3C12 North Supply Martin Marietta O925 North 35th Avenue Greeley OA GardenCtty Evans Gitcrest South Supply Holcim P` at?e yrdle ggregate Industries Distel Broomfield _ - the 4 \a, I t Firestone bacon° Pty Tt Triton Westminster r { - -Tr O6395 395 North Pecos Street LW Arvada ,. N i t r' ^V L fag a j6 enver Fort Lupton Asphalt Specialties Road a Plant He Br trton Kersey 0 1708 5 County Road 394 Loch se .l . North Supply Asphalt Specialties 4 South Supply Asphalt Specialties South Supply Holcim r��rz�r s3" , 01 East 78th Avenue ply Ma Mariett°ogla,. _) road Tampa Bennett Rocoen Ilk rasbLrQ a :rte, DATE OF BID: FEBRUARY 22, 2023 REQUEST FOR: HOT & WARM MIX ASPHALT SUPPLY (Possible two (2) 1 year renewals) DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2300056 PRESENT DATE: FEBRUARY 27,2023 APPROVAL DATE: MARCH 13, 2023 BID SCHEDULE(Prices per ton) HOT GRADE SX (64-22) - 20% RAP APPROX TONS - 1,000 - NORTH 100 - SOUTH HOT GRADES (64-22) - 20% RAP APPROX TONS - 68,075 - NORTH 8,800 - SOUTH HOT GRADE SX (64-28) - 20% RAP APPROX TONS - 17,780 - NORTH 5,400 - SOUTH WARM GRADE S (64-22) - 20% RAP APPROX TONS - 6,460 - NORTH 100 - SOUTH HOT GRADE SX (58-28) - 20% RAP APPROX TONS - 3,500 - NORTH 100 - SOUTH WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reverett a.weldgov.com E-mail : cgiesertB(weldgov.com E-mail: cmpetersI (weldgov.com Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 MARTIN MARIETTA HOLCIM-WCR INC MATERIALS INC 1687 COLE BLVD 1800 N. TAFT HILL ROAD STE 300, GOLDEN CO 80401 FT.COLLINS CO 80521 $67.00 - DAHLIA & LONGMONT $69.75 - GREELEY $67.00 - DAHLIA & LONGMONT $65.35 - DENVER $64.00 - DAHLIA & LONGMONT $68.25 - GREELEY $64.00 - DAHLIA & LONGMONT $62.12 - DENVER $73.15 - DAHLIA & LONGMONT $79.00 - GREELEY $73.15 - DAHLIA & LONGMONT $75.00 - DENVER $69.00 - DAHLIA & LONGMONT $71.25 - GREELEY $69.00 - DAHLIA & LONGMONT $65.10 - DENVER $69,00 - DAHLIA & LONGMONT $71.00 - GREELEY $69,00 - DAHLIA & LONGMONT $95.35 - DENVER EMULSIFIED ASPHALT-CSS-1H APPROX 40,000 GALLONS - NORTH ONLY NO BID ASPHALT SPECIALTIES 10100 DALLAS STREET HENDERSON CO 80640 $65.00 - EVANS $64.00 - DACONO $65.00 - EVANS $64.00 - DACONO $73.00 - EVANS $72.00 - DACONO $68.00 - EVANS $67.00- DACONO $65.00 - EVANS $64.00 - DACONO $4.00 - GREELEY $6.00 - EVANS 2023-0541 PG 2 REQUEST FOR: HOT & WARM MIX ASPHALT SUPPLY (Possible two (2) 1 year renewals) DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2300056 PRESENT DATE: FEBRUARY 27,2023 APPROVAL DATE: MARCH 13, 2023 PLANT SITES: HOLCIM-WCR INC : NORTH COUNTY AND SOUTH COUNTY: DAHLIA PLANT, 4801 E 78TH AVE, COMMERCE CITY CO 80022 LONGMONT PLANT, 1587 WCR 20'A, LONGMONT CO 80501 MARTIN MARIETTA: NORTH COUNTY: 925 N 35TH AVE, GREELEY CO 80634 SOUTH COUNTY: 6395 PECOS, DENVER CO 80221 ASPHALT SPECIALTIES: NORTH COUNTY AND SOUTH COUNTY: DACONO PLANT, 5752 WCR 6, DACONO CO 80603 EVANS PLANT - 17085 WCR 394, EVANS CO 80620 PUBLIC WORKS IS REVIEWING THESE BIDS. Hello