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Home My WebLink About20220452.tiffComa fb4W-tYco BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County 2023 Surface Gravel Supply, Extension/Renewal DEPARTMENT: Public Works DATE: 3/20/2023 PERSON REQUESTING: Mike Livengood, Supervisor, Gravel Road Management Brief description of the problem/issue: Weld County has two different Surface Gravel Supply agreements that were awarded in 2020 and 2022. The Board has the option of renewing the North locations agreement from January 1, 2023, to December 31, 2023, as permitted by the contact. The Central and South locations contract is currently out to bid as the three-year contact has expired as it was awarded in 2020. IHC Scott, Inc. purchased Mill Iron Mining, LLC., on February 17, 2023, and has the contract for the North location. IHC Scott intends to continue this agreement. This will be the first extension/renewal of a possible two-year renewal of the three-year contract term, contract number 2022-0452. The contract allows for a yearly bid adjustment based upon the current ENR cost Index. IHC Scott has requested an increase within the amount allowed for the yearly bid adjustment per the contract. IHC Scott will supply- the North locations with 1.15,000 tons at $11.65/ton equaling $1,339,750. Leaving a balance of up to $1,559,250 to be awarded for the Central and South locations later next month. The budgeted amount for the Weld County Purchased Gravel Supply for 2023 contract year is $2,899,000.00. The Public Works department has been satisfied with the material provided from the Mill Iron pit. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): 1) The Board may agree to extend/renew IHC Scott, Inc formerly (Mill Iron), contract as recommended. 2) The Board may decide not to extend/renew the contract. Recommendation: Public Works recommends extending/renewing the agreement for one year as provided by the contract. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin Ross Lori Saine pc: Curtis !fall, Director, Public Works Duane Naibauer, Deputy Director, Public Works /%C, Comex►-}- 119endA3/04A2 3 03/29/23 zo12- (15a ea 00 0 BID SCHEDULE 2023 Surface Gravel Supply North Location: (North of Highway 34) r J 'it s, uar�a a �s Un Price per Prat rat. Cu 9 Price 304.00 Surface Gravel Derr Pit 590 Balsam Rd. Greeley, CO 115,000 Ton 11.65/TN:i.,339, 750 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS, GRAVEL ROAD MGMT. DIVISION AND IHC Stott. INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 22nd day of February 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works. Gravel Road Mamt. Division, hereinafter referred to as the "Department", and IHC Scott. 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. 2022-0452, approved on May 2.2022. (Mill Iron Mining, LLC) WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31. 2022. • The parties agree to extend the Original Agreement for an additional 365 -day period, which will begin January 1.2023, and will end on December 31. 2023. 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. Contract Time Extension: This is the first extension of a possible two-year extension. 2. Change to the Original Bid Schedule: the 2022 bid Schedule for the original contract will be replaced by the attached 2023 Bid Schedule. 3. Change to the Contract Price: The 2022 contract price of $8.85/ton is now modified to $11.65 per ton during the 2023 Contract Extension renewal. The 2023 total contract price is not to exceed $1,339,750. 4. Change to the Contract Quantity: The 2022 contract quantity of 115,000 tons will remain the same during the 2023 Contract Extension Renewal. The 2023 total contract tons is not to exceed 115,000 tons. 5. Supply Bond requirement: Weld County is requiring all suppliers of Surface Gravel material to carry a Supply Bond. A supply bond guarantees faithful performance of a contract to furnish supplies or materials. Such a bond only covers the delivery of the supplies or materials and excludes any labor or installation. 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Bond No. K40574827 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, that IHC Scott, Inc as Principal, (hereinafter called the Supplier), 10303 E. Dry Creek Road, Suite 300 Englewood, CO 80112 (here insert full name and address or legal title of Supplier) and Federal Insurance Company as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) 2026 Halls Mill Rd., PO Box 1650 Whitehouse Station, NJ 08889 are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of One Million Three Hundred Thirty -Nine Thousand Seven Hundred Fifty Dollars ($1,339,750.00) (here insert full name and address or legal title of the Buyer) Wetd County Purchasing 1150 O Street, Room 107 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 2220 23 to furnish the following briefly described supplies: Surface Gravel 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 the22ndday of February , 20 23 II -IC Scott, Inc. (Principal) (Seal) (Title) dovat5 (Witness) Federal Insurance Company ( urety) (Se tie Ma _hint, Attorney -in -Fact ( ' ness) CHUBB` Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY.a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Katlyn Bigelow, Danielle Merchant, Adam Snow, W. Douglas Snow, Vicki Sorensen and Brady Thom of Salt Lake City, Utah --- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and uniatalings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURISICECOMPANY have each executed and attested these presents and affixed their corporate seals on this 30. day of December, 2021. Qa.t.,)S Th ehisok,e Dawn M.Chioas.Aw:istantSom-'tai} Stephen M.H.uuy.Vice Prc ideit oto STATE OF NEW JERSEY County of Hunterdon SS. On this 30. day of December, 2021 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COM PANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE QOM 'ANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC NDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed -to tie foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal IV[TMEFtiNE J. AL�LAAR NOTARY PUBLIC OF NEW J R., No. 2378888 COtttmllsi0n Expires Jtdy 18, 2024 wow nubile CERTIFICATION Resolutions adopted by the bards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCECOMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: 'RESOLVED, that [he (ollowag atJJtorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written mmmttments of the Company entered into in the ordtwry routs afbusiness (each a'Written Commitment'): (1) Each of thethainran, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Compay oraherwise. (2) achduiyappaintecattorney-in-factofthe ythegyts ofpoy rVp"r lzecl'execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extes[rtat sieb action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact (3) Each of [he hairsr-an, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, [o appoint in writing any person the ttorney-in- fact or the C lin7i:y with full power and authority to:ecute, for and on tehalfofthe Company, under the seal ofthe Companyorotherwise,such Written Conu ltmentsofthe Company as may ee specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written f-ommi[menes. (4) Each of the Chai-man, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in wr facsimile on such Written Commitment or written appointment or delegation. ny other officer of the ecified in such written FURTHER RESOLVED, that rte fsre tni Resolution shall no[ be deemed to bean exclusive statement of the powers and authority of officers, employees and other persons to act 'rand on behalf of the Company, and such Resolut�t shal not Iimi[ or otherwise affect the exercise of any such power or authority otherwise validly granted or vested " I, Dawn M. Chloros, AssistantSecetary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutcns adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Pourer of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, Nl, this February 22, 2023 iwT01.'J UACb flown \I. CM rtx.:\ti istani Scum,' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Telephone(908)903-3493 F.(90,903-3656 a -mail: surety@chubb.mm Combined: FED-VIG-PI-WFIC +IC (-ev. 11-19) IHCSINC-01 DMARCHANT CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/17/2023 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 License # 92472 Exec'. Danielle Merchant Beehive Insurance Agency Inc Agency CA License #0582035 (A/CNNo, Ext): (801) 685-6858 ITC', No): 302 West 5400 South #101 I Mass: dmarchant@beehiveinsurance.com Salt Lake City, UT 84107-8225 INSURERS) AFFORDING COVERAGE NAIL # _ INSURER A: The Travelers IndemnItt Company 25658 INSURED INSURER B: Travelers Property Casualty Co of America 25674 IHC Scott, Inc. INSURER c:Phoenix Insurance Company 125623 10303 E. Dry Creek Road, Suite 300 INSURER D: Englewood, CO 80112 INSURER E; INSURER F : VERAGE CERTIFICATE NUMBER: REVISION NUMBER: POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE =Pig 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. TYPE OF INSURANCE IAm- SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR ' INSD YJVD I fMMIDDIYYYYI (MM/DD/YYYYI �. IT A X COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE $ CLAIMS -MADE X • OCCUR VTC2K-CO-5642B443-IND 1/1/2023 1/1/2024 pR MISEaO(EaoccTu ante) $ 300'000 _-�I X CONTRACTUAL MED EXP�Any one person) $ 10'000 X� XCU PERSONAL & ADV INJURY $ 1'000'000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ! $ 4'000'000 POLICY rX 1 PEST I LOC PRODUCTS - COMP/OP AGG $ 4'000'000 I OTHER: B COMBINED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY Ea accident)__ $ X ANY AUTO VTC2J-CAP-3K990546-TIL 1/1/2023 1/1/2024 BoDILYINJURY(Perperson) , $ 1 OWNED AUTOS ONLY SCHEDULED AUTOS IF BODILY INJURY/Yer aocideY $ AUTOS ONLY N iTI AUOTOS ONLY PROPERTY DAMAGE _Lf?er accident) $ -- B X I UMBRELLA LIAR X I OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS -MADE CUP -3K990699-23-25 1/1/2023 1/1/2024 AGGREGATE $ 10'000'000 DED RETENTION $ C I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N/A Mandato/MEn rd EXCLUDED? N I II ( ry ) -- If es, describe under DESCRIPTION OF OPERATIONS below ' X STATUTE OERH UB-1L268314-23-25-H 1/1/2023 1/1/2024 E. L. EACH ACCIDENT ',$ 1'000'000 - _ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE', - - - � E.L. DISEASE - POLICY LIMIT '� $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION Weld County tY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street, Room 107 Greeley, CO 80631 AUTHORIZED REPRESENTATIVE Y ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BID REQUEST NO. B2200042 WELD COUNTY Con-h,6c-1- l CS" DEPARTMENT OF PUBLIC WORKS Con5in+l)cp-d-a- OS/bL(ZZ CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR SURFACE GRAVEL SUPPLY Renewable for 2023 and 2024 January 2022 Weld County Public Works Gravel Road Management Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000, Ext. 3721 atie).,w(P Z(ZZ- 0415z G-� 0O SO TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2021 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and the most recent CDOT field Matenals Manual which is to be used to administer the construction of this project Page # Notice to Bidders / Invitation to Bid 3 Instructions to Bidders 4-5 General Provisions and Information 6-11 Specfication and Scope of Work 12 Contacts 13 Terms and Conditions 13 Submittal Requirements 13 Project Special Provisions Revision of Section 106, Samples, Test, Cited Specifications 14 Revision of Section 106, Storage Materials 14 Revision of Section 703, Aggregate 15 Bid Schedule 16 Signature Page 17 Notice of Award 18 Supply Bond Form 19 BID REQUEST #B2200042 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: January 14, 2022 BID NUMBER: #B2200042 DESCRIPTION: Surface Gravel Supply (North Location) DEPARTMENT: Gravel Road Mgmt. Division, Public Works MANDATORY PRE -BID CONFERENCE DATE: January 21, 2022 BID OPENING DATE: January 31, 2022 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: Surface Gravel Supply (North Location) The project, in general consists of stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads within the north areas of Weld County. A mandatory pre -bid conference will be held on January 21, 2022 at 9:00 AM, at the Weld County Weld County Public Works Operations Conference Room located at 1111 H Street, Greeley, Colorado 80631. Meet in main lobby. Vendors must participate and record their presence at the mandatory pre -bid meeting to be eligible to submit bids. Bids wt be received for the above stared ►r.d rd rise, equipment, ar d!cr services up to, but nd later than: January 31.2022 at 1000 am (Weld County Purchasinp_Time Clock). The submitted bids w9 be read over a Miaosdt Teams Cortifere nce Cal onJanuary 31,2022at1030am. 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 Office of the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631. Phone number 720439-5261 Phase Conference ID: PAGES 1 -11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 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. BID REQUEST #B2200042 Page 3 You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County: 1. Emsl,Einailed bids are required. Bids may be emailed to bidsameldoov.com. If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet 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 we receive your bid/proposal. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the 'Weld County Controller/Purchasing Director/Purchasing Director, 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 fuly 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/Purchasing Director/Purchasing Director 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/Purchasing Director/Purchasing Director, said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing :he 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 Ccunty 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. BID REQUEST #B2200042 Page 4 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to 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 SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Venfy program or the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Successful bidder shall not knowingly employ or contract with an'dlegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Successful bidder shall not use E-Venfy Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an_illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C R S §8-17 5-102(5), by the Colorado Department of Labor and Employment If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program If Successful bidder fails to comply with any requirement of this provision or of C R S §8-17 5-,101 et seq , County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms,of identification required by C R S § 24-76 5-101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the contract BID REQUEST #B2200042 Page 5 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon furls for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bd, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. TradeSeerete and ofterConfidential Information: Weld County discourages bidders from submitting confidenial information, including trade secrets, that cannot be disclosed to the public. If necessary, confiden*ial information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential porton of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privieged 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 resporsible 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. Governmen#aI 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 contactor 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 m a 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 aryl 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. BID REQUEST #B2200042 Page 6 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. 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. BID REQUEST #B2200042 Page 7 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 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 dallied 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 aid shall not acquire any interest director indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. BID REQUEST #200042 Page 8 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. 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/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. 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 daims. 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. BID REQUEST #62200042 Page 9 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 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 bodiy 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. BID REQUEST #B2200042 Page 10 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 REQUEST #82200042 Page 11 SPECIFICATIONS AND/OR SCOPE OF WORK: Purpose: Weld County is soliciting bids for surface gravel supply. The project, in general consists of crushing, stockpiing and loading up to 115,000 tons of aggregate material for the re -graveling of roads within the North locations of Weld County. GENERAL CONDITIONS AND SCOPE: 1. All surface gravel shall meet specifications described on page 14, 15 & 16 of this document. Weld County wil not supply any material for this project. 2. The contractor will follow all rules and regulation stipulated in the permit for the site. 3. Project time will be from January 2022 through December 2022. 4. Weld County will select the bidder based on the lowest cost to the County. 5. The successful bidder shall provide a Supply Bond to the County as arranged by the parties. 6. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 7. Certified scales are required. 8. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the pit. All tickets must be legibly signed by a Weld County employee. 9. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide al permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) A Air Pollution Permit (for crusher unit) 10. Weld County Public Works personnel normally work 7:00 am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 11. 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 multiple bidders based on plant location. 12. The spectication for material supply shall be in accordance with the most current Colorado Department of Transportation, Standard Specification for Road and Bridge Construction CDOT materials manual, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Work Department. 13. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 14. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. BID REQUEST #BI2200042 Page 12 Schedule: Bids due to Purchasing Bids accepted by BOCC January 31, 2022 February 16, 2022 Weld County Contacts: Question related to the project and procedures should be directed to: Ryan Axtman — Construction Inspection Supervisor Curtis Hall — Deputy Director Weld County Public Works (970) 400-3743 raxtmanl5weldaov.com Mike Livengood — Gravel Road Mgmt. Supervisor Weld County Public Works (970) 400-3757 mliven000dt5 weldgov.com TERMS AND CONDITIONS: Weld County Public Works (970) 400-3721 challt weldoov.com This one-year contract is renewable for up to (2) additional years. Material cost adjustments will be considered at the end of each calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the surface gravel supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. BID REQUEST #B2200042 Page 13 REVISION OF SECTIONS 105 and106 CONTROL OF WORK AND CONTROL OF MATERIAL Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3(3) shall be revised to include the following: 2,000 tons of material delivered will be considered a lot. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised to include: 1) Process Control: Sampling and testing will be done in accordance with table 1-A 2) Contractor will provide their current submittal and test reports at the beginning of each stockpile prior to any material being loaded out of a stockpile. The information shall include the information outlined in revised sections 106,703 and table 7-2. 3) Weld County reserves the right to select random samples from the stockpile at any time. OA acceptance will be sampled from (unprocessed) windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30 / 4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for prices reduction based on section 105.03. FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLING AND TESTING 1-A Type of Test OA Sampling and testing PC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO T27 and T11 CP31-13 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 LA Abrasion 1 per source 1 per source AASHTO T96 R -value 1 per source 1 per source CP-I 3101 BID REQUEST #62200042 Page 14 REVISION OF SECTION 106 STORAGE OF MATERIALS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised as follows: Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. REVISION OF SECTION 703 AGGREGATE Surface Course Aggregate. Section 703.03 shall include the following: Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming to the following: (1) Los Angeles abrasion, AASHTO T96 40% max. (2) Mechanically Fractured faces, one or more, ASTM D 5821 45% min. Crushed material not screened, to attain the fracture faces. (3) Free from organic matter and lumps or balls of clay (4) Liquid Limit, AASHTO T 89 35 max. (5) Dust ratio: % passing #200 2/3 max. % passing #40 (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-8 BID REQUEST #B2200042 Page 15 Table 7-2 Target Value Ranges for Surface Course Gradation and Plasticity Index Stsvq'Cslgriatton Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 20 Gravel Surfacing Standard (mm) Mesh (in) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150.00 6 100 100.00 4 100 ..; 75.00 3 95-100 s g , 63A0 214 100 ,. _ 50.00 2 95-100 z.' 100 37.50 1 % — 90-100 100 , ,��_� 100 25.40 1 - 95-100 100 100 90-100 19.Ob '/, 50-90 95-100 >'7,-:`„ 5540 12.5 1/2 - 4.74 No.4 __ w., 30-65 4545 2.31 No. B _ _. 25-55 20-85 33-53 0.42 No.40 �m- .. ._. ..r 1 5-58 0.07 2000 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 0 0 0 0 6-16 LA wear test (T96) 0 0 0 0 50 max 50 max 0 40 max BID SCHEDULE ;022 Surface Gravel Suosiv North Location: (Greeley and surrounding area) m !X nut PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE MR 304.00 Surface Gravel - 115,000 TON TON TON Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. BID REQUEST #82200042 Page 16 ADDENDUM#1 BID REQUEST NO. 82200042 SURFACE GRAVEL SUPPLY DEPARTMENT OF PUBLIC WORKS PLEASE NOTE THE FOLLOWING. SIGN AND EMAIL BACK TO bldsctlweldaov.com: BID SPECIFICATIO S ADD THE FOLLOWING: ADD: Questions conceraing this bid can be directed to bids(aiweldeov.coal until January 24, 2022 at 5:00 P.m. Change - Page 15, Reads: (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-8 Stfquld Read: Page 15, (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-2 "*We need stoned copy // milk Thapk Youte' Addendum received by: its /8 -flcd4l FIRM ADDRESS CIW AND ST BY. - EMAIL JANUARY 21, 2022 ��l a/5;e4 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. #82200042. 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 acoeptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together csnsbtutes 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 Is 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 �f CITY, STATE, ZIP CODE f,,: , s,( TELEPHONE 11O 2 -f .i - FAk TAX PRINTED NAME AND TITLE ,Gl` A l'e-- SIGNATURE '"'�' /1/4r,A4 E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #5-03551.0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -11. ATTEST: dsttavti �� BOARD OF COUNTY COMMISSIONERS BY: WELD 9PUNTY, COLORADO Deputy CI ` tot �: oar ,9 ��cott K. James, Chair BID REQUEST #82200042 Page 17 MAY 0 2 2022 0?v aa- 0 s�5 ACtA O® CERTIFICATE OF LIABILITY INSURANCE I DATE uswoornrrn 02/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the ce8Uficai0 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 andorsem1M(s). PRODUCER Milestone Insurance Group LLC PO B 88 ox 2 Windsor CO 80550 writ Krebs Rep 4i, E>Ak (970) 631-7900 I IPAAIXC. Ns1: (888) 594-6478 4r ' • IIBge; INSURER,.AF'PoROING COVERAGE NAIL R INSUR9t A : Mid -Continent Casualty Company INSURED Mill Iron Mining LLC 801 8th Street Suite 130 Greeley CO 80631 INSURER 0: Progressive IN,uRETeD: Pinnacol Assurance INSURER D : INSURER E: 002606 F : TIFICATE NUMBER: CL1791210710 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !TAR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MMiDDMlYYI POLICY EXP DI1%0 1 LIMITS X COMMQICIALGENERAL Wallin' CLAIMS -MADE © OCCUR 04 -GL -001078448 01/30/2022 01/30/2023 EACH OCCURRENCE S 1,000,000 PRE►aBES eocuenno) S 100'000 MED EXP (Arty one person) S PERSONAL$ADvmuuRY $ 1,000.000 A GENERAL AGGREGATE S 2'000.000 (1EMLAGGREGATE UMITAPPUES PER: X POLICY ❑ JTELOC OTHER: 167011/16-/0360/06200 S 2,000,000 AUTOMOBILE B � X LABILITY ANY AUTO OANNED' AUTOS ONLY HIRED 'AM., SCHEDULED X AUTOS v NON•ONMEO x AUTOSCNLY 03223361 01/30/2022 01/30/2023 Ky t S $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per setters) S PROPERTYONMAGE (�.we.el► S S UMBRELLA LIAR OCCUR EXCESS LUB CLAIMSMADE EACH OCCURRENCE S AGGREGATE S $ DED I I RETENTIONS Mann COMPENSATi0N AND EMPLOYER, L I ABILITY C ANY PROPRIETORNARTNER/EXECUTIVE Ya OFFlCEWMEMBER EXCLUDED? IMandarory in NH) n .1 des tunics DESCRIPTpN OF OPERATIONS below NIA 4168908 11/01/2021 11/01/2022 Xl �) STATUTE I FIN E,LFACHACCIDENT S 1.000.000 E.L. DISEASE - ESA EMPL01'FF S 'L..... E.L. DISEASE- POLICY OMIT S 1,000.000 Leased/Rented Equipment A 04 -CIA -000028156 01/30/2022 01/30.023 Any one item Deductible 250,000 1.500 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORN 101, Additional Reels. Schedule, me,/ be Manche. if mote space Is regal.., Weld County Colorado added as Additional Insured. NCELLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN Weld County Colorado ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street AUTHORIZED REPRESENTATIVE \ h, YVt k, - Greeley CO 80632 ACORN 26 (2018/03) ©1988-2015 AC RD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. K40535585 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Mill Iron Mining, LLC as Principal, (hereinafter called the Supplier), 80x1 8th Street Ste. 130. Greeley. CO 80631 (here insert full name and address or legal title of Supplier) and Westchester Fire Insurance Company as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) 436 Walnut St. WA10H I Philadelphia, PA 19106 are held and fimly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of One Million Seventeen thousand.seven hundred fifty and no/100 dollars ($1,017.750.00). (here insert full name and address or legal title of the Buyer) WELD COUNTY PURCHASING 1150 O Street Room 107, 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 Jan. 30th20 22 to furnish the following briefly described supplies:Surface Gravel SuBelWhich 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 30th day of March, 2022. Mill Iron Mining, LLC (Principal) (Seal) elly Hod (Witness) Westchester Fire Insu T ce Com an (Surety) (Seal) Thorn s Sauer, Attorney ' Fact (Witness) Sharon Leo and BID REQUEST #B2200042 Page 19 CHUBB' Power of Attorney Federal Insurance Company Vigilant Insurance Company l Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY. an Indiana corporation. VIGILANT INSURANCE COMPANY. a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania. do each hereby constitute and appoint Sharon Leonard, Michael Sauer and Thomas Sauer of Littleton, Colorado K40535585 each as their true and lawful Anomey-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, hands and undertakings and other writings obligatory in nature thereof (other than bail bonds), not to exceed Five Million and 00/100 Dollars (S 5,000,000.00), given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 20. day of May, 2020. ESKIO IJ2‘ ()awn M Chltntr:l:ivanl4vrtr:y STATE OF NEW JERSEY County of Hunterdon SS. 44) J 'fir_, ,n'phen \I Ilan,. fire Prc.idcnt O 00) ,?(LN) On this 20i° day of May, 2020 before me, a Notary Public of Newiersey, personally came Dawn M. Chloros and Stephen M. I Laney, tome known to be Assistant Secretary and Vice President respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chioros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ACIELAAR NOTARY PUBLIC Or New JERSEY Ito 2319Qe3 Cammtsainn Expire Joy 16, 2024 (.1174611(A."-tutaolthlie CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, viciLANI' INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December IL 200G, and ACE AMERICAN INSURANCE COMPANY on March 20.2009: -RESOLVED. that the following authorizations relate m the execution, for and on behalf of the Company. of bonds. undertakings, rect>b..maces. contracts and other written commitments of the Company entered.° in the ordinary course. of business (each a 'Wt Men Commkment"1: (Ii Each of the Chairman. the President and the Vice Presidents of the Compare• u hereby authorized to execute any Wrinen Commitment for and on behalfofrfie Company. under the seal of the Company or otherwise. (21 Each duly appointed atturneyin-fact of the Company is hereby authorized m execute any Wrinen Commitment for and on behalf of the Company, under the seal of the Company or other.9se, to de extent that such attMn is authorized by the grant of powers provided for In such person's written appointment as such attorney -In -fact. Cif Each of the Chairman the President and the V. Presidents of the Company Is hereby authorized. for and on behalf of the Company, to appoint in writing any person the attorney - to -fact of the Company with full power and author, to execute, for and on behalf of the Company under de seal oft. Company or otherwise. such Wrinen Commitments of the Company as maybe specified in such Wrinen appointment. which specification maybe by general type or class of Wrinen Commitments or by specillcatlon of one or more particular Wrinen Commitments. (41 Each of the Chairman, the President and Ow Vice Presidents of the Company is hereby authorized, for and on behalf (tithe company, to delegate in writing to any other officer of the company rite authority to execute, for and on behalf of the Company, under the Company i seal or otherwise, such Wrinen Commitments of the Company as are specified in such written delegation. which specification may be by general nmeor clam of Wrinen Commitment or bysperifratianofone ormore particular Written Commitments (Si The signature of any officer or other person executing a, Written Commitment or appointinem or deleption punmant to this Resolution. and the seal of the Cmpany. may be affixed by facsimile on such Wrinen Commitment or written appointment or delegation FURTHER RESOLVED, that the foregoing Rewlution shag not be deemed to he an exclusive statement of the powers and -authority of oRcers. employees and other persons ro act for and on behalf of the Company, and sod' Resolution shall not limit or otherwise affect the exercise oI any such power or auttt , otherw. validly gr anti, or vested" I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies') do hereby certify that 5) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect. (JO the foregoing Power of Attorney is true, correct and in full force and effect. Given under my SRYA and seals of said companies at whiteholtse Station, NJ, this March 30th, 2022. .O titsOkeS 1,AV, t'1.311 :. AASI.:nit IN TIIE EVENT YOU WISH f0 VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER. PLEASECONN ACI' US AT: Telephone (90R1903- 3493 G, MOM 903. 3. e-mail wrehtPchuhb►om Combined: LIMIT (rev. 71.19) awut.u�m IC(LORADO Department of Agriculture Scales/Measuring Devices License TM License IS NOT TRANSFERABLE Broken Arrow Mining Co ty.s.o.s As MmnelsJigu Broken Arrow Amine Co 590 North Balsam Avenue Greeley CO 80631 Scales/Messuring Devices AgUcense ID N 002BNM sad« so col the a np Printed Onauesdr, December 20, 2021 Effective Date Eupiree Drte Jan 01, 2022 Dec 31, 2022 Kate Greenberg December 28, 2021 Commissioner of Aortal s Riff Date 305 Interlocker Parkway, Broomfield, CO 80021 P 303.869.9000 F 303...2.7 ewes iorado.8ov/a8 2 oft 12/2812021, 9:57 AM PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made as of the /7 t-1-7 day of re '. ' 'y 2022 (the 'Effective Date"), by and between IHC SCOTT, INC., a Michigan corporation ("Purchaser"), and GLOBAL ASSET RECOVERY, LLC, an Indiana limited liability company, ("Seller"). Recitals A. Seller is the fee owner of approximately 172 acres of land, over 3 parcels, located in Weld County. Colorado, as more particularly described in Exhibit A attached hereto and made a part hereof. B. As used in this Agreement, the term "Property" includes all of the following: (1) The land described in Exhibit A together with all reversions, remainders, easements, rights -of -way, appurtenances, tenements and hereditaments appertaining to or otherwise benefiting or used in connection with such land or the Improvements (as hereinafter defined), and all mineral rights for oil and gas (to the extent owned by Seller), al sand and gravel rights in the land, and all water rights, water shares or other water interests used on or appurtenant to the land, including without limitation, those referenced in the form of Deed attached as Exhibit B hereto, together with all of Seller's right, title aid interest in and to any strips of land, streets, and alleys abutting or adjoining such land, including any water or sewer taps of record on the property (collectively, the "Land"): (2) All existing improvements, structures and fixtures, if any, placed, constructed, installed or located on the Land, and all fences, gates, plants, trees, landscaping and other appurtenances, if any, located upon, over or under the Land (collectively. the "Improvements"; the Land and Improvements are sometimes hereinafter collectively referred to as the "Real Property"); (3) All right, title and interest of Seller, Seller's subsidiaries or other entities wholly owned by Seller, in and to all governmental permits, licenses, certificates and authorizations relating to the construction, development, use or operation of the Real Property, including any local or state permits authorizing sand and gravel mining, if and to the extent that any of the foregoing exist, relate to the Real Property and are assignable (the "Permits"); and (4) Any and all other rights, privileges, and appurtenances owned by Seller and in any way related to or used in connection with the Real Property, to the extent that they relate to the Real Property and are assignable, including, without limitation, rights to use any and all trademarks and trade naives relating to the Real Property (the "Intangible Property"). C. Seller desires to sell the Property to Purchaser, and Purchaser desires to purchase the Property from Seller, upon and subject to the terms and conditions set forth herein. Agreement NOW, THEREFORE, for the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURCHASE AND SALE OF THE PROPERTY 1.1 Purchase. Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, all of the Property, subject to and upon the terms and conditions set forth in this Agreement. 1.2 Purchase Price. The total purchase price (the "Purchase Price") for the Property shall be $17,000,000.00, payable in accordance with the following terms and conditions: 1.2.1 Deposit. Within three (3) business days after execution and delivery of this Agreement by both Seller and Purchaser, Purchaser shall deliver to Land Title Guarantee Company (the "Title Company") (at the address set forth in Section 12.6 below) an earnest money deposit of $100,000.00 (together with all interest earned thereon, the "Deposit"). Title Company shall place the Deposit in an insured, interest -bearing account. If Purchaser cancels or terminates this Agreement as allowed herein, Title Company shalt. within five (5) days following its receipt of Purchaser's termination notice, remit the Deposit to Purchaser and thereafter the parties shall be released from further liability under this Agreement, except as otherwise provided herein. 1.2.2 Balance. The balance of the Purchase Price, and subject to prorations and adjustments in accordance with Article IX, shall be paid at Closing in cash, by certified or cashier's check, wire transfer, or other immediately available funds. ARTICLE II INVESTIGATION OF THE PROPERTY 2.1 Seller's Initial Deliveries. Seller, at its expense, shall, within five (5) business days after execution of the Agreement, deliver or cause to be delivered to Purchaser the documents identified on Exhibit D attached hereto (the "Seller's Deliveries") which are in the possession and control of Seller. Upon Seller's delivery of the last document required by Exhibit D, Seller shall deliver a notice to Purchaser confirming the same. Seller represents and warrants that, to Seller's knowledge, Seller does not have in its possession any of the documents identified on Exhibit D as to which "N/A- is indicated next to the line item. To the extent not listed on Exhibit D, Seller shall deliver to Purchaser any documents and materials relating to the Property requested by Purchaser from time to time that are in Seller's possession or control, except for 2 documents and materials protected by the attorney -client privilege in which event Seller shall inform Purchaser of the name and general substance and purpose of the particular document withheld. 2.2 Title and Survey Matters. The Title Company shall deliver to Purchaser within five (5) business days after the Effective Date a current title insurance commitment issued by the Title Company (the "Title Commitment"), together with legible copies of all recorded exceptions to title referred to therein, showing marketable title to the Real Property to be vested in Seller and committing to insure such title to the Real Property in Purchaser by the issuance of a extended coverage policy of owner's title insurance with the standard printed exceptions deleted, in the amount of the Purchase Price. Purchaser shall review the Title Commitment as part of its investigation of the Property. Purchaser shall (i) determine, in its sole and absolute discretion, and notify Seller and the Title Company in writing no later than fifteen (15) days prior to the expiation of the Inspection Period which (A) liens, encumbrances or other exceptions to title (the "Title Exceptions"), and (B) encroachments by improvements on adjoining property onto or over the Property, any encroachments of any improvements onto or over adjoining property, setback lines or easements or other survey defects (the "Survey Defects"). shall constitute Title Objections. Within five (5) Business Days following Purchaser's notice, Seller shall notify Purchaser (i) that it will. prior to the Closing Date, eliminate or remove, or cause the Title Compary to delete, the Title Objections to which Purchaser has objected or (ii) that it declines to eliminate or remove, or cause the Title Company to delete, specified or all Title Objections to which Purchaser objected. If Seller elects not to remove, eliminate or cause to be deleted all Title Objections, or fails to timely provide such election, Purchaser may Terminate this Agreement in its sole and absolute discretion and receive a return of the Deposit, if any: provided, however, the failure of Purchaser to Terminate this Agreement on or before the expiration of the Inspection Period, shall be deemed Purchaser's election not to Terminate this Agreement and such Title Objections that Seller has not (or is deemed to have not) agreed to eliminate or remove or cause the Title Company to delete shall be deemed "Permitted Exceptions". If Seller agrees in writing to take the actions necessary to eliminate or remove, or cause the Title Company to delete any Title Objections, then such exceptions shall not be Permitted Exceptions and Seller shall cause such Title Objections to be removed. eliminated or deleted prior to or at Closing. If Purchaser does not make a timely objection to any Title Exception or Survey Defect or if Purchaser elects (or is deemed to have elected to) to accept any Title Exception or Survey Defect to which Purchaser has previously objected, such Title Exceptions and Survey Defects shall be additional Permitted Exceptions. Notwithstanding anything to the contrary contained herein, Seller agrees that the following shall not constitute Permitted Title Exceptions under any circumstances hereunder (and Buyer shall not be required to object to same nor be deemed to accept the same, and Seller shalt not have the right to elect not to eliminate or cause the Title Company to remove the same), and the same shall be removed by Seller at or prior to Closing (collectively, the "Mandatory Unperrnitted Exceptions"): (A) any delinquent taxes or assessments, (B) any monetary liens or encumbrances, (C) any standard printed exceptions, (D) any exceptions to title for which Seller undertakes in writing to cause the deletion or removal of prior to the Closing, and (E) any exceptions to title arising through a breach of Section 6.1.4. 3 2.3 Inspection of Property. Purchaser shall have from the Effective Date until 11:59 p.m. Mountain Time on the 90111 day after the Effective Date (the "Inspection Period"), to investigate the Property, the zoning and other governmental limitations applicable to the Property, all documents and/or information provided to Purchaser pursuant to this Article II, and any other aspects or characteristics of the Property which may affect its development, usage, operation or marketability. Such right of investigation shall include, without limitation, the right to have made, at Purchaser's expense, any surveys (each, a "St''), studies or inspections of the Property as Purchaser may deem necessary or appropriate. Seller agrees to cooperate reasonably with any such investigations, inspections, surveys or studies made by or at Purchaser's direction so long as such cooperation is at no expense to Seller. Seller shall execute all documents and provide such notices to governmental agencies reasonably required for Purchaser to apply for and obtain any governmental approvals, so long as such documents will not be binding in the event that the transactions contemplated by this Agreement do not close. All inspections shall occur during normal business hours, upon not less than two business days' prior written or verbal notice to Seller. Purchaser may drill borings or dig holes in connection with soil tests, in a reasonable manner and locations and with a reasonable number of borings or holes, all of which shall be disclosed in advance to Seller. Purchaser shall not conduct or allow any other physically intrusive testing of on or under the Property without first obtaining Seller's written consent as to the timing and scope of work to be performed. which consent shall not be unreasonably withheld or delayed. Purchaser shall indemnify, defend, and hold harmless Seller from any expenses, damages and liabilities, including reasonable attorneys' fees, that Seller may suffer or incur arising out of any claims for property damage or personal injuty, or claims from materialmen or laborers, which in turn arise from Purchaser's investigations under this Section 2.3; provided, however, that this indemnity shall not extend to and in no event shall Purchaser be liable to Seller for (a) any release of pre-existing hazardous substances arising from the conduct of any investigation or testing of the Property or for any diminution in the market value of the Property resulting from the information disclosed by any such investigation or tests, (b) for any negligence or misconduct of Seller or any agent, contractor or employee of Seller, or (c) any pre-existing conditions on or about the Property. The provisions of this Section 2.3 shall survive any termination of this Agreement. 2.4 Transfer of Reports. Seller shall have the right to obtain copies and Purchaser's rights in all or any of the third -party reports commissioned by Purchaser as follows: if Purchaser elects to terminate this Agreement at any time, Purchaser shall thereafter promptly advise Seller in writing of the actual, out -or -pocket costs of the third -party reports on the Property, including the Survey, obtained by Purchaser (the "Third Party Reports"). Provided that, within 45 days thereafter, Seller notifies Purchaser in writing of those reports that Seller desires to obtain and reimburse Purchaser for the full cost of those reports (the "Purchased Reports"), Purchaser shall assign to Seller, without representation or warranty by, or any recourse against, Purchaser, all of Purchaser's right, title and interest in and to the Purchased Reports and deliver to Seller copies of the Purchased Reports, within five (5) business days after payment is received by Purchaser from Seller for such the cost of such reports. Purchaser shall promptly deliver to Seller following Seller's request therefor reasonable back-up materials to support the calculation of the costs of such reports, but such requests shall not extend the aforementioned forty-five (45) day period. At the expiration of such 45 -day period, Seller shall be deemed to waive its right to obtain 4 Purchaser's rights in and copies of all Third Party Reports other than the Purchased Reports. The provisions of this Section 2.4 shalt survive any termination of this Agreement. 2.5 Termination. If, on or before the expiration of the Inspection Period (as it may be extended), Purchaser delivers to Seller written notice setting forth Purchaser's election to terminate this Agreement, for any reason whatsoever and in Purchaser's sole and absolute discretion, then this Agreement shall terminate, the Deposit shall be returned to Purchaser, and both parties shall be relieved from any further obligations hereunder, except for those that expressly survive termination. If Purchaser does not terminate this Agreement as described in the preceding sentence, then this Agreement shall remain in full force and effect in accordance with its terms, including without limitation any of the parties' remedies in the event of a default of this Agreement. ARTICLE Ill TITLE 3.1 Issuance o f Title Policy. Within a reasonable time after Closing, Seller shall cause the Title Company to issue to Purchaser an extended coverage owner's policy of title insurance, insuring marketable, insurable title to the Property in Purchaser in the amount of the Purchase Price, subject only to the Permitted Exceptions, and including all endorsements and insured easement parcels included or identified in the Final Commitment (the "Title Policy"). At or before the Closing, Seller shall satisfy all requirements contained in the Title Commitment or in any update thereof, except for those requirements which by their nature can only be satisfied by Purchaser. 3.2 Additional Exceptions to Title. If any update of the Title Commitment received by Purchaser after the expiration of the Inspection Period shall show any exceptions which are not Permitted Exceptions ("Additional Exceptions"), such Additional Exceptions shall be subject to the provisions of this Section 3.2. In the event of any termination of this Agreement pursuant to this Section 3.2, the Deposit shall be returned to Purchaser and the parties shall thereupon be relieved of all further obligations hereunder, except those that expressly survive termination. 3.2.1 Created by Seller. In the event that one or more Additional Exceptions were created by, through or under Seller or with Seller's consent, resulted from any action or inaction of Seller, or was otherwise within the reasonable control of Seller, Seller shall, at its sole cost and expense, prior to Closing, cure such Additional Exceptions. Seller's obligation to cure such Additional Exceptions shall, if such method is acceptable to Purchaser as to any specific Additional Exception, include the obligation to obtain title insurance protection for Purchaser against such Additional Exceptions and to pay additional premiums or costs which the Title Company charges for such protection. If each of such Additional Exceptions has not been cured by Seller, Purchaser may elect to either (a) terminate this Agreement (in whirls case the Deposit shall be returned to Purchaser and both parties shall be relieved of any further obligations hereunder except for those obligations that expressly survive termination) or (b) waive any Additional Exception and proceed with the Closing. 5 3.2.2 Created Otherwise. In the event that one or more Additional Exceptions were not created by, through or under Seller or with Seller's consent, did not result front any action or inaction of Seller, and were not otherwise within the reasonable control of Seller. Seller may, but shall not be obligated to, cure such Additional Exceptions prior to Closing. If Seller elects not to cure such Additional Exceptions, Seller shall deliver prompt written notice of such election within seven (7) days of its receipt of notice regarding the existence of such Additional Exceptions. If each of such Additional Exceptions has not been cured by Seller or waived in writing by Purchaser prior to Closing. and Seller has not previously undertaken to cure such Additional Exception as contemplated above, Purchaser shall be entitled, as its sole remedy, to terminate this Agreement and receive an immediate refund of the Deposit. ARTICLE IV SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS Seller represents, warrants and covenants to Purchaser as follows: 4.1 Good Title. Seller owns good, marketable and insurable fee simple title to the Property, subject only to the Permitted Exceptions. Seller's title to be transferred to Purchaser under this Agreement includes all sand and gravel rights in, to and under the Property, as well as any attached water rights. To Seller's knowledge, there are no prohibitions against or matters of record prohibiting the Property from being used to mine and remove any sand and gravel located at the Property, subject to the requirement to obtain any applicable permits. 4,2 Mechanics Liens. There are no filed, recorded, or threatened mechanics liens or notices of intent to file mechanics liens against all or any portion of the Property, and all contractors, subcontractors, materialmen, suppliers, laborers and other parties who have performed services and/or provided material to or with respect to the Property have been paid in full. 4.3 No Third -Party Interests. Seller has not granted to any party (other than to Purchaser under this Agreement) any option, contract, or other agreement with respect to a purchase or sale of the Property or any portion thereof or any interest therein that remains in effect. 4.4 Contracts. To Seller's knowledge, there are no contracts for the design, development or construction, the provision of services to, the provision of plans or otherwise relating to or affecting, the Real Property (excluding the Permitted Exceptions and the Mandatory Unpermitted Exceptions, the "Contracts") affecting the Real Property. 4.5 No Possessory Rights. Except for any rights of possession under the Permitted Exceptions, there are no parties in possession of any of the Real Property, and there are no leases, occupancy agreements or other rights of possession or use which have been granted to any third party. 4.6 Notices. Except as disclosed as part of Seller Deliveries, Seller has no knowledge, and Seller has not received notice, of: (a) the Property being in violation of any applicable statutes, ordinances, codes (including, but not limited to, zoning, building, subdivision, pollution, environmental protection, water disposal, health, fire and safety engineering codes), or the rules and regulations of, any governmental authority having jurisdiction over the Property; (b) any actions, suits, proceedings or claims pending or threatened with respect to or in any manner affecting the Property or the ability of Seller to consummate the transaction contemplated by this Agreement; or (c) any pending or threatened condemnation or similar proceedings or special assessments affecting the Property, or any part thereof. 4.7 Environmental Conditions. Except as disclosed in any environmental reports or other Seller Deliveries delivered to Purchaser pursuant to Section 2.1, Seller has no knowledge. and Seller has not received notice, of: (a) any violation of Applicable Environmental Laws relating to the Real Property; or (b) the presence, use, storage or discharge of any Hazardous Substances on, in or under the Real Property. Purchaser will obtain and pay for an environmental site assessment phase one. If during the environmental site assessment phase one there are recognized environmental conditions that require further investigate and mitigation, seller shall be required at their expense to pay for an environmental site assessment phase two and pay for the clean up of the recognized environmental conditions. As used herein, the term "Applicable Environmental Laws" shall mean any local, state or federal law, rule or regulation, pertaining to environmental regulation, contamination, cleanup or disclosure, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (42 U.S.C. § 9601, et sect.), the Resource, Conservation and Recovery Act, as amended, (42 U.S.C. § 6901, et sect), Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499 100 Stat. 1613), the Toxic Substances Control Act (15 U.S.C. § 2601, et Seg.), the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. § 1101, et sea.) and all amendments of the foregoing, or any state super lien or environmental clean-up or disclosure statutes. As used herein, the tents "Hazardous Substances" shall mean all substances and materials which are included under or regulated by any Applicable Environmental Law together with asbestos, polychlorinated biphenyls, petroleum and raw materials which include hazardous constituents. 4.8 Authority. Seller is a limited liability company organized and existing and in good standing under the laws of the State of Delaware. Seller has the full right and authority to enter into this Agreement and consummate the transaction contemplated by this Agreement. All requisite corporate or other entity action has been taken by Seller in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of the transaction contemplated hereby. Each of the persons and entities signing this Agreement on behalf of Seller is authorized to do so. Seller shall furnish to Purchaser any and all documents to evidence such authority as Purchaser shall reasonably request. 4.9 Consents, Binding Obligations. No third -party approval or consent is required for Seller to enter into this Agreement or to consummate the transaction contemplated hereby. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binning obligations of and enforceable against Seller in accordance with their terms. 4.10 Bankruptcy_. There exists no pending or threatened bankruptcy, insolvency or similar proceedings affecting either Seller or the Property. 7 4.11 Special Assessments. There are no existing or pending special assessments against the Property, and Seller has no knowledge of any proposed special assessments against the Property. 4.12 Documents. The copies of any documents furnished by Seller to Purchaser in connection with this transaction are, to the best of Seller's knowledge, true and complete copies of the documents they purport to be. Seller disclaims any other representations as to the accuracy or completeness of such documents. 4.13 Survival; Indemnity, Each of the representations and warranties contained in this Article IV are intended to be made by each of the entities comprising Seller, are acknowledged by Seller to be material and to be relied upon by Purchaser in proceeding with this transaction, shall be deemed to have been made by Seller as of the Effective Date and remade by Seller as of the date of Closing. and shall survive Closing for a period of one year (the "Survival Period"). Seller shalt indemnify and hold Purchaser harmless and defend Purchaser from any loss, liability or expense, including reasonable attorneys' fees and costs, incurred by Purchaser and any claim made against Purchaser by reason of the breach of any of the foregoing representations or warranties, so long as Purchaser notifies Seller of any such breach prior to expiration of the Survival Period. ARTICLE V PURCHASER'S REPRESENTATIONS AND WARRANTIES 5.1 Representations. Purchaser represents and warrants to Seller as follows: Purchaser is a corporation duly organized, validly existing and in good standing under the laws of the State of Michigan. Purchaser has the full right and authority to enter into this Agreement and consummate the transaction contemplated by this Agreement. All requisite company action has been taken by Purchaser in connection with the entering into of this Agreement, the instruments referenced herein, and the consummation of the transaction contemplated hereby. Each of the persons signing this Agreement on behalf of Purchaser is authorized to do so. Purchaser shall furnish to Seller any and all documents to evidence such authority as Seller shall reasonably request. 5.2 Survival; Indemnity. Each ofthe representations and wan-anties contained in this Article V arc acknowledged by Purchaser to be material and to be relied upon by Seller in proceeding with this transaction, shall be deemed to have been made by Purchaser as of the Effective Date and remade by Purchaser as of the date of Closing and shall survive Closing for the Survival Period. Purchaser shall indemnify and hold Seller harmless and defend Seller from any loss. liability or expense, including reasonable attorneys' fees and costs, incurred by Seller or any claim made against Seller by reason of the breach of any of the foregoing representations or warranties, so long as Seller notifies Purchaser of any such breach prior to expiration of the Survival Period. ARTICLE VI SELLER'S UNDERTAKINGS PENDING CLOSING 6.1 Operation of Property. Seller covenants with Purchaser that, so long as this Agreement remains in effect: 6.1.1 From and after the Effective Date, Seller will operate, maintain, and manage the Property in a normal businesslike manner and consistent with its past practices, maintaining; present services, if any, and will perform when due all of its obligations with respect to the Property, including without limitation its obligations under the Permitted Exceptions, and any mortgages affecting the Property. 6.12 Seller shall not enter into any new leases, occupancy agreements, Contracts or other new agreements which will survive the Closing or otherwise affect the use, operation or enjoyment of the Property after the Closing, in each case without Purchaser's prior written consent, which may be withheld in Purchaser's sole discretion. 6.1.3 Seller will keep the Property. or will cause the Property to be, fully insured apinst all usual risks and will maintain, or cause to be maintained, in effect all insurance policies now maintained on the Property, up to and including the Closing Date. 6.1.4 After the Effective Date, Seller shall not create or consent to the creation of any lien, encumbrance or other matter affecting title to the Property without Purchaser's prior written consent. 6.1.5 Seller shall not take, or fail to take, any action which will or would cause any of the representations or warranties in this Agreement to become untrue or be violated without Purchaser's prior written consent. 6.2 Changed Circumstances. If any of the representations and warranties in this Agreement were false when made by Seller, the same shall constitute a default by Seller hereunder, and Purchaser may pursue the remedy it elects under Section 10.1. If any of the representations and warranties in this Agreement were true when made but become false, whether through a change in Seller's knowledge or a change in circumstances (but excluding any Seller breach of Section 6.1.5), unless Seller elects to cause and do cause the representation or warranty to again become true or correct prior to Closing, Purchaser may elect, as its sole and exclusive remedy hereunder, at law or in equity, to either (a) terminate this Agreement at or prior to the Closing (in which case the Deposit shall be returned to Purchaser and both parties shall be relieved of any further obiptions hereunder except for those obligations that expressly survive termination) or (b) waive any objection to the representation or warranty to the extent it has become false and to proceed with the Closing. In either instance, Seller shall not be obligated to obligated to remedy said inaccurate representations or warranties; Purchaser's only options shall be those stated in the prior sentence. If Seller becomes aware of any actor circumstances which would change or render incorrect, in any material respect, any representation or warranty made by Seller under this Agreement, Seller will give prompt written notice of such changed fact or circumstance to Purchaser. 9 6.3 Removal from Market. Until the earlier of Closing or the termination of this Agreement, (a) Seller shall remove any listings of the Property from listing services, cease actively marketing the Property (by itself, Broker, or any other agents), and shall immediately terminate any ongoing discussions with other prospective purchasers regarding the Property; and (b) Seller shall not solicit any offers for the Property or engage in negotiations with any party or agent that submits an unsolicited offer to Seller. Notwithstanding the foregoing, Seller shall be entitled to keep the Property posted for sale, to accept inquiries regarding the Property, to respond to inquiries that the Property is under contract, and to make note of the name and contact information for such inquiries, provided Seller is not soliciting any offers or engaging in any negotiations. ARTICLE VII PURCHASER'S OBLIGATION TO CLOSE 7.1 Conditions. Purchaser shall not be obligated to close hereunder unless each of the following conditions shall exist on the date of Closing (the "Closing Date"): 7.1.1 Title Policy. The Title Company shall unconditionally commit to issue the Title Policy as described in Section 3.1. 7.1.2 Accuracy of Representations. The representations and warranties made by Seller in Article IV shall be true and correct on and as of the Closing Date with the same force and effect as though such representations and warranties had been made on and as of the Closing Date, and Seller will so certify. 7.1.3 Seller's Performance. Seller shall have performed all covenants and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller on or before the Closing Date. 7.1.4 Sand and Gravel. All sand and gravel rights shall be conveyed to Purchaser as part of the Closing. 7.1.5 Legally Conveyable Parcel. The Property shall be a separate, legally conveyable parcel. 7.1.6 Casualty Damage. The risk of casualty loss to the Property shall remain with Seller prior to the Closing. In the event that the Property shall be damaged by flood or other casualty prior to Closing, then Purchaser may elect, at its sole option, either (a) to terminate this Agreement and recover its Deposit, in which case both Seller and Purchaser shall be released from further responsibility hereunder, except for those obligations that expressly survive termination, or (b) to waive its right to terminate this Agreement and to consummate the transaction contemplated hereby, in which case Purchaser shall be entitled to a credit against the Purchase Price in an amount equal to the amount of such casualty damage as estimated by an independent engineer or independent contractor selected by 10 Purchaser and approved by Seller, not to be unreasonably withheld, which estimate shall be obtained by Purchaser within ten (10) business days after Seller's approval of the engineer or contractor. In the event that the damage is estimated at less than $20,000, Purchaser shall not be entitled to elect to terminate. The Closing Date may be extended by a maximum of thirty 130) days to permit the completion of the foregoing process. 7.1.7 Condemnation. No part of the Property shall be subject to a pending or threatened condemnation or similar proceeding, or shall previously have been acquired, by authority of any governmental agency in the exercise of its power of eminent domain or by private purchase in lieu thereof. In the event that the Property shall be subject to any condemnation or similar proceeding, or threat thereof, prior to Closing, then Purchaser may elect, at is sole option, either (a) to terminate this Agreement and recover its Deposit and, in which case both Seller and Purchaser shall be released from further responsibility hereunder, except for those obligations that expressly survive termination, or (b) to waive its right to terminate this Agreement and to consummate the transaction contemplated hereby, in which case Seller shall assign to Purchaser all of Seller's right to receive condemnation proceeds after Closing payable as a result of such proceeding, and Purchaser shall be entitled to an abatement of the Purchase Price in an amount equal to any condemnation proceeds received by Seller prior to Closing. 7.2 Failure of Conditions. If any condition specified in Section 7.1 or otherwise set forth in this Agreement is not satisfied on or before Closing, Purchaser may, at its option, (a) waive such condition either at the time originally established for Closing or at any time thereafter, (b) terminate this Agreement by written notice thereof to Seller (except as to those obligations that expressly survive Closing), and receive the return of the Deposit and any, or (e) if the failure of the condition is due to a breach by Seller hereunder, pursue any of its remedies under Section 10.1. ARTICLE VIII CLOSING 4.1 Time of Closing. Closing shall take place at 10:00 A.M. on the date that is thirty (30) days after expiration of the Inspection Period, in the offices of -the Title Company located in Greeley, Colorado, or at such other time and place or on such earlier date as may be mutually agreed upon by Seller and Purchaser. 4.2 Deliveries. At Closing the following shall occur: 42.1 Deed. Seller shall deliver to Purchaser a duly executed and acknowledged general warranty deed in the form attached hereto as Exhibit B, conveying good, marketable and insurable fee simple title to the Real Property to Purchaser, subject only to the Permitted Exceptions. 0.2.2 Parent. Purchaser shall pay to Seller the Purchase Price, applying the Deposit, held by Title Company. and subject to the adjustments described in Article IX. 11 8.2.3 Possession. Possession of the Property shall be delivered to the Purchaser subject to Permitted Exceptions. 8.2.4 Assignment of Intangibles. Seller and Purchaser shall execute and deliver an assignment in the form attached hereto as Exhibit C, of all of Seller's right, title and interest in and to the Permits and Intangible Property, if any, to the extent the same are assignable. 8.2.5 Updating Certificate. Seller shall deliver a certificate executed by Seller (the "Seller's Certificate") stating that each of the representations and warranties of Seller set forth in this Agreement are, as of the Closing Date, true, complete and correct in all material respects (without giving effect to any materiality qualifiers already set forth therein). 8.2.6 Non -Foreign Certificate. Seller shall execute and deliver to Purchaser and the Title Company an affidavit that Seller are exempt from the withholding requirements of Section 1445 of the Internal Revenue Code. 8.2.7 Withholding Exemption Certificate. Seller shall execute and deliver to Purchaser and the Title Company a Colorado Form DR -1083, in form required by law. 8.2.8 Real Property Transfer Declaration. Purchaser shall execute and deliver to Seller and the Title Company a Real Property Transfer Declaration, in form required by law, concerning information with respect to a conveyance of a Colorado real property interest. 8.2.9 Title Affidavit. Both Seller and Purchaser shall execute and deliver to Title Company such affidavits and agreements concerning parties in possession, mechanics liens, gap coverage and other title matters as may be reasonably required by Title Company in order to issue the Title Policy. 8.2.10 Organizational Documents. Seller shall deliver to Purchaser and Title Company satisfactory evidence to the extent required by Title Company, of the formation, existence and good standing of Seller and its authority to transfer the Property to Purchaser. Similarly, Purchaser shall deliver to Seller and Title Company satisfactory evidence to the extent required by Title Company, of the formation, existence and good standing of Purchaser and its authority to purchase the Property from Seller. 8.2.11 Miscellaneous Documents. Seller shall, whenever and as often as it shall be reasonably requested so to do by Purchaser, and Purchaser shall, whenever and as often as it shall be reasonably requested so to do by Seller, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all conveyances, assignments and all other instruments and documents as may be reasonably necessary in order to complete the transaction herein provided and to cagy out the intent and purposes of this Agreement. 12 ARTICLE IX PRORATIONS AND CLOSING EXPENSES 9.1 Closing Adjustments. The cash due at Closing pursuant to Section 1.2.2 shall be subject to adjustment as of Closing in accordance with the following provisions, which shall survive Closing: 9.1.1 Taxes. At Closing, real property taxes on the Property for the year of Closing shall prorated to the Closing Date based on the most recent assessed valuations and mill levy available. Prior to or at Closing, Seller shall pay all taxes and regular assessments on the Property which are due on or before the Closing. Prior to or at Closing, Seller shall pay the full amount (whether or not then due) of all outstanding special assessments against the Property or any part thereof. 9.1.2 Liens and Encumbrances. The amount of any lien, deed of trust or other monetary encumbrance then affecting the Property, including all prepayment penalties, shall be paid from the funds to which Seller shall otherwise be entitled. If such funds are insufficient to pay all such encumbrances, Seller shall pay the defieieney. 9.1.3 Utilities. To the extent possible, the parties shall cause all utilities meters to be read on the day preceding the Closing Date. Seller shall be responsible for the payment of all utility charges incurred prior to the Closing Date. If any utility meters cannot be read on the day prior to the Closing Date, the parties shall estimate the amount of such utilities to be apportioned as of the Closing by contacting the utility provider to obtain an accurate estimate. Seller shalt be entitled to a credit at Closing for the amount of any refundable deposits that Seller has made with any of the utility services or companies servicing the Property that are capable of and will be transferred to become the deposit of Purchaser as of the Closing. Seller and Purchaser shall arrange with all utility services and companies servicing the Property to have new accounts started in the name of Purchaser beginning at 12:01 a.m. on the Closing Date. 9.1.4 Insurance. No insurance policies of Seller are to be transferred to Purchaser. and no apportionment of the premiums therefor shall be made. Purchaser acknowledges that it shall be responsible for securing its own insurance for the Property. 9.1.5 Closing Costs. Purchaser shall pay the fee for recording Seller's deed, one-half of the Title Company's escrow and closing fee. its attorneys' fees and costs, the cost of all endorsements to the Title Policy other than the endorsements that Seller are required to obtain hereunder or otherwise agree to obtain (as so limited, the "Purchaser Endorsements"), and such other closing costs as are customarily paid by a purchaser in the Denver metropolitan area. Seller shall pay the premium for the Title Policy other than the portion for the Purchaser Endorsements, the cost of recording any instruments required to discharge any liens or encumbrances against the Property which are not Permitted Exceptions, all conveyance, transfer, sales and other taxes of fees, if any, one-half of the Title Company's escrow and closing fee, its attorneys' fees and costs, and such other closing costs as are customarily paid by a seller in the Denver metropolitan area. 3 9.2 Prorations Final as of Closing. In general, Seller shall be entitled to all income, and shall pay all expenses, relating to the operation of the Property for the period prior to the Closing Date. and Purchaser shall be entitled to all income, and shall pay all expenses, relating to the operation of the Property for the period commencing on the Closing Date. All estimations of prorations as of the Closing shall be final as of the Closing and no further adjustments shall be made. 9.3 Settlement Statement. At Closing, Seller and Purchaser shall execute a settlement statement to reflect the credits, prorations, and adjustments contemplated by or specifically provided for in this Agreement. ARTICLE X REMEDIES 10.1 Breach by Seller. Time is of the essence of Seller's obligations hereunder. If Seller fails to comply with any of its obligations hereunder which arc required to be performed at or prior to Closing, and such failure continues for five (5) business days after delivery of written notice thereof from Purchaser to Seller, Purchaser, at Purchaser's option, shall be entitled to: (a) terminate this Agreement and obtain the prompt refund of the Deposit and reimbursement from Seller of the actual third party out-of-pocket costs incurred by Purchaser in connection with the transaction contemplated by this Agreement in an amount not to exceed 550,000 (exclusive of the Deposit), and both parties shall be discharged from all other duties and performance hereunder, except those that survive termination., or (b) treat this Agreement as being in full force and effect and to seek specific performance and damages directly related to Seller's default. 10.2 Breach by Purchaser. Time is of the essence of Purchaser's obligations hereunder. If Purchaser fails to complete the acquisition as herein provided by reason of any default by Purchaser under the terms of this Agreement, and such failure continues for five (5) business days after delivery of written notice thereof from Seller to Purchaser, Seller, as its sole and exclusive remedy, shall be entitled to terminate this Agreement and have the Deposit paid to Seller as liquidated damages. The parties hereby agree that the amount of the Deposit is a fair and reasonable estimate of the total detriment that Seller would suffer in the event of Purchaser's default and failure to duly complete the acquisition hereunder. Subject to Section 10.3, Seller hereby waive any and all claims, actions and rights against Purchaser, including, without limitation, any action for specific performance or damages, provided, however, that Purchaser agrees to pay any and all escrow cancellation fees. 10.3 Post -Closing Breach. The provisions of Sections 10.1 and 10.2 notwithstanding, either party shall be entitled, in addition to any other remedies available under this Agreement or otherwise, to seek damages for any breach by the other party of its surviving representations, warranties, indemnities or other covenants hereunder. 14 10.4 Waiver of Certain Remedies. Notwithstanding any contraty provision contained herein, Seller and Purchaser hereby waive any right to consequential, punitive or exemplary damages. 10.5 Attorneys' Fees. Notwithstanding any contraty provision contained in this Agreement, i2 the event of any litigation, arbitration or legal action arising out of this Agreement, tie court or arbitrator shall (and any arbitrator is expressly authorized to) award the prevailing party its reasonable costs and expenses incurred in connection with such litigation or legal action, including, without limitation, its reasonable attorneys' fees and costs. ARTICLE XI CERTAIN DISCLOSURES ILI No Other Representations. With the sole exception of the representations, warranties, indemnities and other covenants expressly set forth herein or in the documents to be delivered by Seller at Closing (the "Seller Closing Documents"), Seller makes no trpresentation or warranty of any kind with regard to the physical condition of the Property or any component thereof, with regard to any restrictions, requirements, costs or constraints that may be associated with the Property, or with regard to the suitability of the Property for Purchaser's purposes, or of any other kind, it being the parties' express understanding and agreement that Purchaser shall fully inspect the Property and all aspects themof during the Inspection Period and prior to Closing, and that Purchaser will rely upon own inspection in determining the physical condition and other features of the Property, any restrictions, requirements, costs or constraints that may be associated with the Property, and whether the Property is suitable for Purchaser's intended purposes. With the sow, exception of the representations, warranties, indemnities and other covenants set forth heaein and in the Seller Closing Documents. Purchaser will acquire the Property in "AS IS" anal "WITH ALL FAULTS" condition. Without limiting the generality of the foregoing, except for the representations, wan-anties, indemnities and other covenants set forth herein or in the Seller Closing Documents, Purchaser, for itself and its successors and assigns, releases Seller and Seller's agents, employees, managers, members, brokers, contractors and representatives from, and waives any and all causes of action or claims against any of such persons for, (a) any and all liability attributable to any physical condition of or at the Property, including, without limitation, the presence on. under or about the Property ofany Hazardous Substances; and (b) any and all liability resulting from the failure of the Property to comply with any applicable laws, including, without limitation, any Applicable Environmental Laws. ARTICLE XII GENERAL PROVISIONS 1?.1 Broker. Seller represents and warrants to the other that it has been assisted and represented by a third -party broker, who is entitled to a commission or fee as a result of the transactions -contemplated in this Agreement. Seller shall bear sole responsibility for payment of any commission or fee due to the broker, and in the event that any claim for a broker's fee or 15 real estate commission is asserted, the Seller shall indemnify, defend and hold Purchaser harmless from any and all claims, losses, damages, or expenses of any nature whatsoever arising out of said claim, including, but not limited, reasonable attorneys' fees and costs. The provisions of this Section 12.1 shall survive Closing and delivery of the deed. 12.2 Entire Agreement. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. No waiver of any of the provisions of this Agreement shall be valid unless in writing and signed by the party against whom it is sought to be enforced. This Agreement contains the entire agreement between the parties relating to the purchase and sale of the Property. All prior negotiations between the parties (including without limitation the terms and conditions of the Letter of intent entered into by the parties dated September 9, 2022) are merged in this Agreement; and there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between the parties other than as herein set forth. 12.3 Survival. All of the parties' representations, warranties, covenants and agreements hereunder, to the extent not fully performed or discharged by or through Closing, shall be deemed not merged into any instrument delivered at Closing and shall remain fully enforceable thereafter, subject to the other terms hereof. 12.4 Dates. If any date set forth in this Agreement for the delivery of any document or the happening of any event (such as, for example, the expiration of the Inspection Period or the Closing Date) should, under the terms hereof, fall on a weekend or State of Colorado holiday, then such date shall be automatically extended to the next succeeding weekday that is not a State of Colorado holiday. 12.5 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 12.6 Notices. Any notice required or permitted to be sent pursuant to this Agreement shall be in writing and shall be deemed given, sent, delivered and received upon the earlier of (i)when personally or actually delivered; or (ii) three (3) business days after having been deposited in a U.S. Postal Service depository and sent by registered or certified mail, return receipt requested, with all required postage prepaid; (iii) upon email transmission and the deposit of the original in a U.S. Postal Service depository, with all required postage; or (iv) one (1) business day after being deposited with a commercial overnight courier and sent by overnight delivery wills all required charges prepaid; and addressed: 16 If to Seller: Global Asset Recovery, LLC 6530 Constitution Drive Fort Wayne, IN 46804 Attn: Robert Baker E-mail: boh.bakcria ulohalassetrccoserv.bir With a copy to: Randall R. Geist Global Asset Recovery, LLC 6530 Constitution Drive Fort Wayne, IN 46804 E-mail: rrgcist2:a ao .com If to Purchaser: Jim Randall IHC Scott, Inc. 7135 S. Tucson Way Centennial, Colorado 80112 Telephone: 720-79(1-9100 Email: jrandallmihcscott.com With a copy to: Claris Hurley IHC Scott, Inc. 9200 E. Mineral Ave., #400 Centennial, Colorado 80112 Telephone: 720-49(1-7407 Email: churlev6gihcscott.com If to Title Company: Land Title Guarantee Company 5975 Greenwood Plaza Blvd Greenwood Village, CO 8011 I Attn: Scott Bennetts Telephone: 303-850-4175 E-mail: sbennetts(u'ltgc.com Telephone timbers arc provided for convenience only, and oral communications shall not constitute valid notice hereunder, except where expressly indicated otherwise. Any address fixed pursuant to the foregoing may be changed by the addressee by notice given pursuant to this Section 12.6. 17 12.7 Severability. If any provision of this Agreement shall be declared invalid, illegal or unenforceable by a court of competent jurisdiction, it shall not affect or impair the validity or enforceability of any other provision of this Agreement, and there shall be substituted for the affeeted provision a valid and enforceable provision as similar as possible to the invalid provision. 12.8 Negotiated Provisions. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being the acknowledge by each of the parties hereto that each party has contributed substantially and materially to the terns of this transaction and preparation of this Agreement. The parties, therefore, waive any statutory or common law presumption which would serve to have this document construed in favor of or against, either party. Purchaser represents that it is experienced in real estate transactions, has the right to be represented by outside counsel and may choose not to be represented by outside counsel in connection with this Agreement and the transactions contemplated by this Agreement. Seller represents that it is experienced in real estate transactions, has the right to be represented by counsel and may choose not to be represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. 12.9 Headings. The paragraph headings which appear in some of the Sections of this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the Sections in which they appear. 12.10 Recitals. The Recitals set forth at the beginning of this Agreement are hereby incorporated in and made a part of the agreement set forth in this Agreement. 12.11 Assignment. Purchaser may assign this Agreement to any third party upon written notice to Seller and upon assumption by such assignee of all Purchaser's obligations hereunder; provided, however, that in the event of an assignment by Purchaser, Seller shall be provided with a copy of the written assignment from the original Purchaser to the assignee within five (5) business days after it becomes effective and the Purchaser representations in Section 5.1 shall be automatically modified to reflect the type and state of organization of the assignee as stated in the written assignment from the original Purchaser to the assignee. 12.12 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 12.13 Signatures. The facsimile or mailed PDF signature of any party on this Agreement or any amendments hereto shall be deemed an original for all purposes. 12.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed apart of a single instrument. 12.15 Acceptance. Upon execution and delivery of this Agreement by both Purchaser and Seller, this Agreement shall constitute a binding agreement. Either party may revoke its 18 execution and delivery at any time prior to the execution and delivery by the other party, by delivering written notice (which need not conform with the requirements of Section 12.6 hereof) of such revocation to the other party. [the remainder of this page intentionally left blank] 19 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective as of the Effective Date. SELLER: GLOBAL ASSET RECOVERY. LLC By: Name: Title: obr• f q e, PURCHASER: IHC SCOTT, IN B ame: -r.-- Title: \* oplcaltoic 20 EXHIBIT A to PURCHASE AND SALE AGREEMENT LEGAL DESCRIPTION PARCEL I: LOT B, RECORDED EXEMPTION NO. 0961-04-1-RE1638, RECORDED NOVEMBER 30, 1994 AS RECEPTION NO. 2417257, BEING A PART OF THE NE 1/4 OF SECTION 4, TOWNSHIPS NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO PARCEL II: ALL THAT PART OF THE NW 1/4 OF THE SE 1/4 LYING AND BEING NORTH OF THE EIGHTH STREET ROAD, AND ALL THAT PART OF THE WEST 245 FEET TO THE NE 1/4 OF THE SE 1/4 LYING NORTH OF THE EIGHTH STREET ROAD, ALL IN SECTION 4, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT A TRACT OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED MAY 9, 1956 IN BOOK 1450 AT PAGE 130 AND ALSO EXCEPT A TRACT OF LAND CONVEYED TO THE CITY OF GREELEY BY DEED RECORDED NOVEMBER 21, 1985 IN BOOK 1492 AT RECEPTION NO. 2032995 PARCEL III: A tract of land located in the Northeast Quarter of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: COMMENCING at the North Quarter corner and considering the West line of said Northeast quarter to bear South 00°24'25" West with all other bearings contained herein being relative thereto; THENCE South 00°24'25" West a distance of 1150.00 fcct along the West line of the Northeast quarter of said Section 4 to an existing fence line and the TRUE POINT OF BEGINNING; THENCE along said fence line by the following Twelve (12) courses: THENCE South 83°26'l6" East a distance of 509.80 feet; THENCE North 76°1044" East a distance of 589.30 feet; THENCE South 00°06'44" West a distance of 82.20 feet; THENCE South 29°44'16" East a distance of 39.30 feet; THENCE South 00°14'16" East a distance of 226.70 feet; THENCE South 84°16'16" East a distance of 201.80 feet; THENCE North 08°02'44" East a distance of 164.80 feet; THENCE North 87°30'44" East a distance of 218.50 feet; THENCE South 22°46'16" East a distance of 481.30 feet; THENCE South 01 °30' 16" East a distance of 353.50 feet; THENCE South 45°55'16" East a distance of 237.00 feet: THENCE South 27°5T16" East a distance of 415.57 feet to a point on the South line of said Northeast Quarter; THENCE North 89°14'21" West o distance of 2112.20 feet along said South line to the Southwest corner of the Northeast Quarter of said Section 4; THENCE North 00°24'25" East a distance of 1410.09 feet to the TRUE POINT OF BEGINNING. EXHIBIT B to PURCHASE AND SALE AGREEMENT form of General Warranty Deed RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is dated as of the whose street , and address day of , 2022, between address is whose street , ("Grantor"). and whose street address is ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other geed and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confine unto Grantee, all of that certain real property in the County of Douglas and State of Colorado that is legally described on Exhibit A attached hereto (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, cm in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of in and to the Property: TO HAVE AND TO HOLD the Property unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and peaceable possession of the Property by Grantee, against every person who lawfully claims the Property or any part thereof, subject to the matters set forth on Exhibit B attached hereto. IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the day and year first written above. GLOBAL ASSET RECOVERY, LLC By: Name: Title: IHC SCOTT, INC. By: Name: Title: STATE OF COLORADO ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2022, by as of , and by as } of Witness my hand and official seal. My commission expires: Notary Public EXHIBIT C to PURCHASE AND SALE AGREEMENT Form of General Assignment GENERAL ASSIGNMENT THIS GENERAL ASSIGNMENT (this "Assignment") is made as of 2022, by and between , and , ("Assignor") and ("Assignee"). Recitals This Assignment is made with respect to the following facts: A. Assignor and Assignee are parties to acertain Purchase and Sale Agreement dated , 2022 (the "Purchase Agreement"). B. Pursuant to the Purchase Agreement, Assignor has this date conveyed to Assignee the real property legally described in Exhibit A attached hereto (the "Real Property"). C. Pursuant to the Purchase Agreement. Assignor has agreed to assign to Assignee all of Assignor's right, title and interest in and to certain property and contract rights and other matters more fully described below. Assignment NOW, THEREFORE, for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignment. Assignor hereby transfers, grants, conveys and assigns to Assignee all of Assignor's right, title and interest in and to: (a) All governmental permits. licenses, certificates and authorizations relating to the construction, development, use or operation of the Real Property, if and to the extent that any of the foregoing exist, relate to the Real Property and are assignable; and (b) Any and all other rights, privileges, and appurtenances owned by Assignor and in any way related to or used in connection with the Real Property, to the extent that they relate to the Real Property and are assignable, including, without limitation, rights to use any and all trademarks and trade names relating to the Real Property. 2. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of the parties' respective successors and assigns. 3. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed a duplicate original. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first set forth above. ASSIGNOR: GLOBAL ASSET RECOVERY, LLC By: Name: Title: ASSIGNEE: IHC SCOTT, INC. By: Name: Title: EXHIBIT D to PURCHASE AND SALE AGREEMENT Seller's Deliveries [Seller to mark N/A where inapplicable] 1. Copies of all Contracts; copies of all Warranties in Seller's possession or control; copies of all Permits in Seller's possession or control, copies of all Plans in Seller's possession or control. 2. Copies of the most recent ad valorem tax statements covering the Real Property, together with copies of any notices of increase in valuation received by Seller since such tax statements were issued. 3. Copies of the most recent survey and ALTA survey of the Real Property in Seller's possession or control. 4. To the extent in Seller's possession or control, copies of all notices that Seller has received from any Governmental Authority pertaining to any violation of any law, ordinance or regulation applicable to the Property. 5. To the extent in Seller's possession or control, copies of wetlands reports. drainage studies. and other studies, and proposals from prospective consultants. 6. To the extent in Seller's possession or control, any and all soils, geotechnical and drainage reports relating to the Property or any part thereof, including reports detailing work was performed to compliance. 7. To the extent in Seller's possession or control, any and all hazardous materials or environmental reports and studies, including without limitation reports relating to asbestos or underground storage tanks. relating to the Property or any part thereof, including reports detailing work was performed to compliance. 8. To the extent in Seller's possession or control, all inspection reports performed on alt or any portion of the Property within the last 60 months. whether by Seller, its agents, state or local agencies, insurance companies, or any other party. 9. To the extent in Seller's possession or control, all engineering reports of any kind or nature relating to the Property, including without limitation hazardous materials status, site plans, soils, subsidence, seismic, geotechnical, flood plains, drainage, acoustical, and traffic report. 10. Copies of all written communications to or from Governmental Authorities in Seller's possession or control. l 1. Project brochure and marketing material currently in use relating to the Property. 12. Any mechanical, electrical, structural or other plans and specifications for current or future improvements on the Property, including without limitation infrastructure on the Property. 13. Any and all site plans and parking plans for the Property or any part thereof including without limitation any CAD versions of the same in Seller's possession or control. 14. Correspondence to or from Governmental Authorities with respect to the Property. including without limitation any submissions relating to the Property tax abatements and/or affordable housing. 15. Any and all documents relating to affordable housing obligations on the Property, including without limitation memoranda of and correspondence to and front Seller's counsel. 16. Any lease, ground lease, air space lease, license for use or occupancy of the Property, easement or other permission relating to the Property, executed, entered into or assumed in writing by Seller. 17. All development files relating to the Property, including without limitation all correspondence and all instruments and documents relating to the entitlement of the Property. 18. All entitlements granted, or presently pending, with respect to the Property or any part thereof, including without limitation planned unit development documents, special use permits and/or plats, and any related correspondence addressing the status of such entitlements. 19. Any pleadings or other court -filed documents relating to any litigation (pending) against Seller regarding the Real Property. 20. Any and all documents relating to wetlands on the Property or any part thereof. 21. Any and document relating to oil, gas, mineral and/or timber rights, activity and/or equipment on the Property or any part thereof 22. Any and all documents relating to the utility providers' capacity and/or willingness to provide utilities to the Property, including without limitation water, sanitary sewer, electricity, storm sewer, gas, phone, cable, and other telecommunications utilities. 23. Any and all documents relating to the presence of endangered species on the Property or any part thereof 24. Any and ail documents relating to the presence of historic or archeological remains, relics or resources on the Property or any part thereof. 25. Any and all documents relating to the presence of cemeteries or burial grounds on the Property or any part thereof 26. Any and all documents relating to special districts, assessment districts or tax districts affecting the Property or any part thereof 27. Any and all annexation agreements and/or subdivision improvement agreements relating to or affecting the Property or any part thereof and any and all document related thereto, including without limitation bonds posted by Seller. 28. Any and all documents relating to stormwater discharge on the Property or any part thereof 29. Any and all bids and estimates received to date from general contractors or subcontractors for future work to be performed on site. 30. Any and all documents relating to the zoning, re -zoning or variance to zoning of the Property or any part thereof 31. Any and all environmental operating permits relating to the Property or any part thereof 32. Any and all documents relating to water rights affecting the Property or any part thereof 33. Any and all documents relating to Federal Aviation Authority regulations or overlay height restrictions affecting the Property or any part thereof. 34. Any and all documents relating to noise restrictions affecting the Property or any part thereof 35. Any and all documents relating to construction or development moratoria or growth control limits affecting the Property or any part thereof. 36. Any and all documents relating to open space requirements affecting the Property or any part thereof. 37. Any and all marketing reports relating to the Property or any part thereof, including rents, operating expenses and market pipeline reports. 38. All correspondence with adjacent property owners, any related homeowners' or property owners' associations, and local community groups, to the extent in Seller's possession or control. Contract Form New Contract Request Entity Information Entity Name" IHC SCOTT INC. Entity ID* @0 004 50 76 Contract Name" PURCHASED SURFACE GRAVEL SUPPLY 2023 Contract Status CTB REVIEW ❑ New Entity? Contract ID 6786 Contract Lead MLIVENGOOD Contract Lead Email MLivengood@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description IHC SCOTT SURFACE GRAVEL SUPPLY 2023 - RENEWAL CONTRACT FROM MILL IRON (NORTH LOCATIONS) Contract Description 2 IHC SCOTT SURFACE GRAVEL SUPPLY 2023 - FIRST YEAR RENEWAL FROM CONTRACT WITH MILL IRON (NORTH LOCATIONS) IHC BOUGHT MILL IRON OUT. CNTRACT P 5618. TYLER 6 2022-0452 Contract Type" CONTRACT Amount" 51,339,750.00 Renewable" YES Automatic Renewal NO Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYCPWELDG OV.COM Requested BDCC Agenda Date 04 03;2023 Due Date 03130?2023 Will a work session with BDCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date 01/0112023 Review Date 11;01.2023 Renewal Date" 01//01;2024 Termination Notice Period Committed Delivery Date Expiration Date Gorr Info anion Contact Name Punch CONSENT Appro Process Department Head .CURTIS HALL DH Approved Date 03/24/2023 Fig Fprov BOCC Approved BOCC Signed Date BOCC Agenda Date 03/29/2023 Originator MLIVENGOOD VENGOOO Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 03/24/2023 Legal Counsel CONSENT Contact Phone 2 Finance Approved Date Legal Counsel Approved Date 03;24,/202.3 Tyler Ref It AG 032923 03/24,`2023 BID REQUEST NO. B2200042 aon-tt'ac4- I'bt5ulg Wri5tn+nyin 0/61,/t1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR SURFACE GRAVEL SUPPLY Renewable for 2023 and 2024 January 2022 Weld County Public Works Gravel Road Management Division 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000, Ext. 3 721 otestoep aa, ZUZZ- c$-F5L eOcO TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2021 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) and the most recent CDOT field Materials Manual which is to be used to administer the construction of this project Page # Notice to Bidders / Invitation to Bid 3 Instructions to Bidders 4-5 General Provisions and Information 6-11 Specification and Scope of Work 12 Contacts 13 Terms and Conditions 13 Submittal Requirements 13 Project Special Provisions Revision of Section 106, Samples, Test, Cited Specifications 14 Revision of Section 106, Storage Materials 14 Revision of Section 703, Aggregate 15 Bid Schedule 16 Signature Page 17 Notice of Award 18 Supply Bond Form 19 BID REQUEST #62200042 Page 2 REQUEST FOR BID WELD COL NTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: January 14, 2022 BID NUMBER: #B2200042 DESCRIPTION: Surface Gravel Supply (North Location) DEPARTMENT: Gravel Road Mgmt. Division, Public Works MANDATORY PRE -BID CONFERENCE DATE: January 21, 2022 BID OPENING DATE: January 31, 2022 1. NOTICE TO BIDDERS: The Board of County Commissi Dners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: Surface Gravel Supply (North Location) The project, in general consists of stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads within the north areas of Weld County. A mandatory pre -bid conference will be held on January 21, 2022 at 9:00 AM, at the Weld County Weld County Public Works Operations Conference Room located at 1111 H Street, Greeley, Colorado 80631. Meet in main lobby. Vendors must participate and record their presence at the mandatory pre -bid meeting to be eligible to submit bids. Bids will be received for the above stated merchandise, equipment, and/or services up to, but not later than: January 31, 2022 at 10:00 am. (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Cal on January31, 2022 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 Office of the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631. Phone number. 720-439`5261 Phone Conference ID: PAGES 1 - 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 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. BID REQUEST #B2200042 Page 3 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. Email. Emailed bids are required. Bids may be emailed to bidscweldgov.com. If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet 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 we receive your bid/proposal. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, 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/Purchasing Director/Purchasing Director 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/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. 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. BID REQUEST #B2200042 Page 4 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to 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 SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an_illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C R S §8-17 5-102(5), by the Colorado Department of Labor and Employment If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program If Successful bidder fails to comply with any requirement of this provision or of C R S §8-17 5-101 et seq , County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms, of identification required by C R S § 24-76 5-101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the contract BID REQUEST #B2200042 Page 5 5. 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 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. BID REQUEST #B2200042 Page 6 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. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. BID REQUEST #B2200042 Page 7 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 are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. BID REQUEST #B2200042 Page 8 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. 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/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. 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. BID REQUEST #62200042 Page 9 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 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. BID REQUEST #B2200042 Page 10 Waiver of Subroqation: 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 REQUEST #B2200042 Page 11 SPECIFICATIONS AND/OR SCOPE OF WORK: Purpose: Weld County is soliciting bids for surface gravel supply. The project, in general consists of crushing, stockpiling and loading up to 115,000 tons of aggregate material for the re -graveling of roads within the North locations of Weld County. GENERAL CONDITIONS AND SCOPE: 1. All surface gravel shall meet specifications described on page 14, 15 & 16 of this document. Weld County will not supply any material for this project. 2. The contractor will follow all rules and regulation stipulated in the permit for the site. 3. Project time will be from January 2022 through December 2022. 4. Weld County will select the bidder based on the lowest cost to the County. 5. The successful bidder shall provide a Supply Bond to the County as arranged by the parties. 6. The successful bidder shall provide a certificate of insurance to the County as arranged by the parties. 7. Certified scales are required. 8. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the pit. All tickets must be legibly signed by a Weld County employee. 9. The Contractor shall follow all OSHA AND MSHA regulations. The Contractor is also required to provide all permitting associated with the contracted equipment and labor. ➢ MSHA ID # (for crusher unit) ➢ APCD (State Health and Environment Department) ➢ Air Pollution Permit (for crusher unit) 10. Weld County Public Works personnel normally work 7:00 am to 3:30pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00 am and later than 3:30 pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations as necessary for the unit price shown in the bid. 11. 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 multiple bidders based on plant location. 12. The specification for material supply shall be in accordance with the most current Colorado Department of Transportation, Standard Specification for Road and Bridge Construction CDOT materials manual, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Work Department. 13. Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works. Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. 14. Weld County reserves the right to utilize county personnel and equipment to load materials at the contractors facility at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not diligently attempting to load materials to efficiently supply county operations. BID REQUEST #B2200042 Page 12 Schedule: Bids due to Purchasing Bids accepted by BOCC January 31, 2022 February 16, 2022 Weld County Contacts: Question related to the project and procedures should be directed to: Ryan Axtman — Construction Inspection Supervisor Weld County Public Works (970) 400-3743 raxtman(a.weldgov. com Mike Livengood — Gravel Road Mgmt. Supervisor Weld County Public Works (970) 400-3757 mlivengood cc weldgov.com TERMS AND CONDITIONS: Curtis Hall — Deputy Director Weld County Public Works (970) 400-3721 challaweldgov.com This one-year contract is renewable for up to (2) additional years. Material cost adjustments will be considered at the end of each calendar year that this contract represents. Any price adjustments must be verified by justification of base bid cost increase of materials, labor or other associated items included in the original cost of the material supply. Cost increase must be consistent with regional trends. Weld County will use the ENR Cost Index. The base price per ton may increase from one year to the next by no more than the increase reflected in the Engineering News Record for the cost index for the Base Course Item out of Denver as a measure of reasonableness for justified increase. Price adjustments will not be implemented without final approval from Weld County. Weld County reserves the right to cancel this contract and re -bid the surface gravel supply contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends. BID REQUEST #B2200042 Page 13 REVISION OF SECTIONS 105 and106 CONTROL OF WORK AND CONTROL OF MATERIAL Revisions of Section 105 Conformity to the Contract Section 105 of the standard specifications is hereby revised for this project as follows: Section 105.3(3) shall be revised to include the following: 2,000 tons of material delivered will be considered a lot. Revisions of Section 106 Samples, Test, Cited Specifications Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised to include: 1) Process Control: Sampling and testing will be done in accordance with table 1-A 2) Contractor will provide their current submittal and test reports at the beginning of each stockpile prior to any material being loaded out of a stockpile. The information shall include the information outlined in revised sections 106,703 and table 7-2. 3) Weld County reserves the right to select random samples from the stockpile at any time. OA acceptance will be sampled from (unprocessed) windrow on grade in accordance with CP 30 / 4.3.5 or from a Stockpile in accordance with CP 30 / 4.3.3. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will be evaluated for prices reduction based on section 105.03. FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLING AND TESTING 1-A Type of Test OA Sampling and testing PC Sampling and Testing Verification testing (ASTM, AASHTO or Colorado Procedures) Gradation 1 per 2,000 tons 1 per 1,000 tons AASHTO T27 and T11 CP31-13 Atterberg Limits 1 per 2,000 tons 1 per 1,000 tons AASHTO T89 and T90 LA Abrasion 1 per source 1 per source AASHTO T96 R -value 1 per source 1 per source CP-I 3101 BID REQUEST #62200042 Page 14 REVISION OF SECTION 106 STORAGE OF MATERIALS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised as follows: Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract. REVISION OF SECTION 703 AGGREGATE Surface Course Aggregate. Section 703.03 shall include the following: Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming to the following: (1) Los Angeles abrasion, AASHTO T96 40% max. (2) Mechanically Fractured faces, one or more, ASTM D 5821 45% min. Crushed material not screened, to attain the fracture faces. (3) Free from organic matter and lumps or balls of clay (4) Liquid Limit, AASHTO T 89 35 max. (5) Dust ratio: % passing #200 2/3 max. % passing #40 (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-8 BID REQUEST #B2200042 Page 15 Table 7-2 Target Value Ranges for Surface Course Gradation and Plasticity Index Sieve Designation Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 20 Gravel Surfacing Standard (mm) Mesh (in) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150.00 6 100 100.00 4 100 75.00 3 95-100 63.00 21/x 100 50.00 2 95-100 100 37.50 1 1/2 90-100 100 100 9O -10O 25.40 1 " 95-100 100 100 19.00 3,„:, 50-90 95-100 12.5 1/2 5540 4.76 No. 4 30-65 4545 2.38 No.8 25-55 20-85 33-53 15.35 0.42 No. 40 0.07 20°0 3-15 3-15 20 max 3-12 3-15 3-12 5-15 4-15 Plasticity Index 0 0 0 0 0 0 0 6.16 LA wear test (T96) 0 0 0 0 50 max 50 max 0 40 max BID SCHEDULE j022,Surface Gray,' Supoly North Location: (Greeley and surrounding area) agm. q ITEM PIT LOCATION QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel P/,! 7/' 115,000 TON ^ /r TON TON Prices will include all labor and equipment costs necessary to stockpile and load material ready for use, Transportation of all the aggregates will be by Weld County personnel. 6;47(---- - BID REQUEST #B2200042 Page 16 ADDENDUM#1 BID REQUEST NO. B2200042 SURFACE GRAVEL SUPPLY DEPARTMENT OF PUBLIC WORKS PLEASE NOTE THE FOLLOWING. SIGN AND EMAIL BACK TO bidsta weldaov.com: BID SPECIFICATIONS ADD THE FOLLOWING: ADD: Questions concerning this bid can be directed to bids(aliweldeov.com until January 24, 2022 at 5:00 p.m. Change - Page 15, Reads: (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-8 Should Read: Page 15, (6) Gradation and plasticity index, AASHTO T 90 (Gravel Surfacing column) Table 7-2 ***We need sinned copy on file. Thank Your** /r Addendum received by: /7 '// FIRM ADDRESS Clart AND ST TE BY. At,/ 4.• kcf.4 EMAIL �! JANUARY 21, 2022 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. #B2200042. 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, ail 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 :he 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 _ `c.::;(,-/) fazi CITY, STATE, ZIP CODE 1et TELEPHONE NOtA&-t :'�r - FAX TAX ID # PRINTED NAME AND TITLE 6/7 SIGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 11. Deputy Cleto t BID REQUEST #82200042 BOARD OF COUNTY COMMISSIONERS WELD f • UNTY, COLORADO cost K. James, Chair MAY 0 2 2022 Page 17 A` c L® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(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 po Icy, 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 Milestone Insurance Group LLC PO Box 268 Wndsor CO 80550 CONTACT Krebs Rep ?HONE (970) 631-7900 1 l No). (806) 594-6478 EztL Asa ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: Mid -Continent Casualty Company INSURED Mill Iron Mining LLC 801 8th Street Suite 130 Greeley CO 80631 INSURER B: Progressive INSURER C : Pinnacol Assurance INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: CL1791210710 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. ILTRR TYPE OF INSURANCE WNSDLbUlift WVD POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 04 -GL -001078446 01/30/2022 01/30/2023 EACH OCCURRENCE $ 1,000,000 I CLAIMS -MADE X OCCUR DAMAGETO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ PERSONALS ADVINJURY $ 1,000,000 REMLAGGREGATE X LIMIT APPLIES PER: POLICY ■ PRO JECT ❑ LOC OTHER. GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2.000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO v ^ v X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 03223361 01/30/2022 01/30/2023 COMBINED SICOMeiNED SiNGLE LIMO (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Pee occident) $ $ UMBRELLA LIAR EXCESS LWB — OCCUR CLAIM -MADE EACH OCCURRENCE $ AGGREGATE $ DEO I I RETENTION S $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERJMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4168906 11/01/2021 11/01/2022 Xl PER I I OTH- /�I STATUTE ER E,L EACH ACCIDENT $ 1.000,000 E.L.. DISEASE - EA EMPLOYEE $ 1,000,000 E L. DISEASE - POLICY LIMIT S 1,000, 000 A Leased/Rented Equipment 04-CIM-000026156 01/30/2022 01/30/2023 Any one item Deductible 250,000 1,500 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Weld County Colorado added as Additional Insured. CERTIFICATE HOLDER CANCELLATION Weld County Colorado 1111 H Street Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. K40535585 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, Mill Iron Mining, LLC the Supplier), 801 8th Street Ste. 130. Greeley. CO 80631 (here insert full name and address or legal title of Supplier) as Principal, (hereinafter called and Westchester Fire Insurance Company as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) 436 Walnut St. WA10H I Philadelphia, PA 19106 are held and firmly bound unto Weld County as Oblige, (hereinafter called the Buyer), in the just and full sum of One Million Seventeen thousand,seven hundred fifty and no/100 dollars ($1,017,750.00). (here insert full name and address or legal title of the Buyer) WELD COUNTY PURCHASING 1150 O Street Room 107, 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 Jan. 30th20 22 to furnish the following briefly described supplies:Surface Gravel SupplWhich 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 30th day of March, 2022. Mill Iron Mining, LLC (Principal) (Seal) elly Hod • / aginber (Witness) Westchester Fire Insu 7 ce Corn • an (Surety) (Seal) Thorr . s Sauer, Attorney Fact (Witness) Sharon Leo and BID REQUEST #B2200042 Page 19 CHUBS' Power of Attorney Federal Insurance Company Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company J ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania. do each hereby constitute and appoint Sharon Leonard, Michael Sauer and Thomas Sauer of Littleton, Colorado K40535585 each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in nature thereof (other than bail bonds), not to exceed Five Million and 00/100 Dollars (S 5,000,000.00), given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 208 day of May, 2020. I UV -Al 1I Chit at>; A�t.izi:nn SO:l'et:uy STATE OF NEW JERSEY County of Hunterdon ss. ' tcphr--n NI Haney. the sidcnt On this 20th day of May, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President. respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney. and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2318683 Cornmlaeion Expires July 16, 2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December II, 2000; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED. that the following authorizations relate to the execution, for and on behalf of the Company, or bonds, undertakings, recogttizauces. contracts and other written commitments of the Company entered into hr the ordinary course of business (each a "Written Commitment"): (I) Each of the Chairman, tire President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, foram' on behalf of the Company. to appoint in writing any person the attorney - in -fact of the Company with full power and authority to execute. for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment. which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (41 Each of the Chairman, the President and the Vice ('residents of the Company is hereby authorized, for and on behalf of the Company. to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company. under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation. which specification may be by general type or class of Written Connnitments nr by specification of one or more particular Written Commitments. (5) 'fhe signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company. maybe affixed by facsimile on such Written Commitment or written appointment or delegation. PURTIIER RESOLVED, that the foregoing Resolution shall not be deemed to he an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or author Its otherwise validly gt anted or vested" I, Dawn M. Chloros, Assistant Secretaty of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this March 30th, 2022. Ihet. n tl Chltazn. Artistcnu Sotct.tt ' I TI IF EVENT YOU WISH TO VERIFY 1'HE AUTHENTICITY OF THIS BOND OR WHEY US OF ANY OTHER MA'rl'FR, PLEASE CONTACT 11S Telephone (9011)503-3493 Fax 49010903- 3656 a -mail suretseu'cllubb,Cotn Combined: LIMIT (rev. 11.19) AUUUI. UIah C9LORADO j Department of Agriculture Scales/Measuring Devices License THIS License IS NOT TRANSFERABLE Broken Arrow Mining Co Dwru easiness AFNemeisllO8A) Broken Arrow Mining Co 590 North Balsam Avenue Greeley CO 8O631 Scales/Measuring Devices AgUcense ID N 02BHH lx Scales 80,0011bs & up Printed On:Tuesday, December 28, 2021 Effective Date Expires Date Jan O1, 2022 Dec 31, 2022 Kate Greenberg December 28, 2021 Commissioner of Agriculture Print Date 305 Intertocken Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867 www.calorado.gov/ag 2 of 2 12128/2021, 9:57 AM Contract Form Entity Information Entity Name* MILL IRON MINING New Contract Request Entity ID * :g.'0 0035022 Contract Name* PURCHASED SURFACE GRAVEL SUPPLY 2022 - NORTH LOCATION Contract Status CTB REVIEW New Entity? Contract ID 5618 Contract Lead* MLIVENGOOD Contract Lead Email MLivengood:-co.weld.co.us Contract Description* PURCHASED SURFACE GRAVEL SUPPLY 2022 - NORTH LOCATION Parent Contract ID Requires Board Approval YES Department Project # Contract Description 2 FIRST YEAR CONTRACT WITH A TWO YEAR POSSIBLE RENEWAL FOR A THREE YEAR CONTRACT Contract Type* CONTRACT Amount 51,01 7,750.00 Renewable* YES Automatic Renewal NO Grant IGA Department PUBLIC WORKS Department Email CM- PubiicW'orks yweldgov.com Department Head Email CM-PublicWorks- DeptHeadroweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEYgWELDG OV.C:OM Requested BOCC Agenda Date* 05;'02;2022 Due Date 04,28;2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date 01;01'2022 Review Date* 11 28:2022 Renewal Date* 01 01:'2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 04/2512022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05'0212022 Originator Originator MLIifENGOOD Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Contact Phone 2 Purchasing A 04/25/2022 Finance Approved Date 04:25,2022 Tyler Ref AG 050222 ate Legal Counsel CONSENT Legal Counsel Approved Date 04; 25/2022 MEMORANDUM TO: Board of Commissioners DATE: February 7, 2022 FROM: Jay McDonald, Public Works Director Curtis Hall, Deputy Director SUBJECT: Purchased Surface Gravel Supply for 2022, North Location (BID REQUEST NO. B2200042) Weld County Public Works Department is recommending Mill Iron Mining/Broken Arrow Construction to serve the North Location for the 2022 purchased surface gravel supply. The total budget for the 2022 purchased surface gravel supply is $2,899,00.00. This recommendation is for a total of 115,000 tons of surface gravel material at a cost of $8.85/ton totaling $1,017,750.00. There was $1,391,000.00 left in the budget after the BOCC approval of the contract extension with J-2 Contracting Co. for the Central and South 2022 purchased surface gravel supply consisting of 145,000 tons at $10.40 per ton for $1,508,000.00 Weld County Public Works Department recommends that the low bid from Mill Iron Mining/Broken Arrow Construction be awarded the bid for the North Location purchased surface gravel supply based on the low bid and the pit location relevant to road resurfacing needs. 115,000 tons @ $8.85/ton = $1,017,750.00. Pit Location: 4-8tstree Greeley CO. 80631 If you have any q stions, please call Jay at extension 3761 or Curtis at extension 3721. ZO12 0452 ECGc O DATE OF BID: JANUARY 31, 2022 REQUEST FO'.: SURFCE GRAVEL SU'PLY DEPARTMENT: PUBLIC WORKS DEPT ID N #B220 042 PRESENT DATE: PP "' ,,::VA L DATE: F E= R U A VENDOR Y 1 MILL IRON M I N I N=: I R ICE 01 8T" STREET GREELEY C 63 &Hi AGGREG P r,211 ULT ESO R 61 TEy^^•'S! LLC G ETE a LLC C'¢NELL 7785 HIGH _r LIb Q } a..i ND S E E 2 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: reverettAweldgov.com E -Mail: cmpeters@weldgov.com hone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 -cancelled due t. weather 22 ST S Pf° S'_..!lTE 1 1 9 WIT A-1 052® N ORTH L CTi (GREELEY P U'=' LIC 614/O ILL EFE THE (FEBRUARY 7, 2022) TY -115 P PE N RT H LOC $8.85/t n m $1, 17,750. (Mill I rn) it Locate n 1 o00lt �jn - $1,15 Y 3 1.75 5 tr' f■ 3 )Pit L N un 0 4 0 t 1 50/tri - $1,2 47,500 j��j1yq..rjQ��d_(5395 i:�[5 5.:' ^'�I:�'1, R 1 5) � lit �"� `:lJ Van Cleve Pit $11.70/to . m $1,3 5950 (8 21 CR 112 ) Pit LC Carr, C 411 $11.9 /to $1,3 a ,50t so0 (1621 Hay Ae) .it Lu t .;t r '4 r eley CO .r . 631 * n 2022-0452 Hello