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Home My WebLink About20200657.tiffCONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN Wn k • "`& ( "`asP5 THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND AGGREGATE INDUSTRIES US. This Agreement Extension/Renewal ("Renewal"), made and entered into' clay of March, 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Aggregate Industries US, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 23, 2020 (the `Original Agreement"), identified as document #B2000069/2020-0657. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The current Agreement will end on March 23, 2022. • The parties agree to extend the Agreement for an additional 365 days, which will begin March 24, 2022 and will end on March 23,2023. • 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. This extension will be the third year of a possible three-year contract. 2. The 2021 Fee Schedule of the contract shall be replaced by the attached 2022 Fee Schedule, which is attached hereto and incorporated by reference. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Nathan Thompson, Aggregate Industries, Inc. - WCR P ' Nam Signature ATTEST: BY BOARD OF COUNTY COMMISSIONERS :OJ ORADO hair MAR 3 0 2022 0/ o%Zz�'v-v ZOZO-0� o5l RENEWAL 2022 BID SCHEDULE SOUTH HMA SUPPLY (based on estimated 2022 quantities) Aggregate Industries ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION NORTH HOT MIX 0 TON ASPHALT (GRADING-SX) 403.00 (ASPHALT)(75) SOUTH (PG -64-22) TON (20 % RAP) 0 HOT MIX NORTH ASPHALT 0 TON (GRADING -S) 403.00 (ASPHALT)(100) SOUTH TON $48.60/ton $1,866,240 ry (PG -64-22) (20% RAP) 38,400 Dahlia -Secondary HOT MIX NORTH ASPHALT 0 TON (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH TON $60.00/ton $1,008,000 Longmont - Primary Dahlia -Secondary (PG -64-28) (20% RAP) 16,800 WARM MIX NORTH ASPHALT 0 TON (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG 64-22) 0 TON (20% RAP) EMULSIFIED ASPHALT NORTH 401.00 ONLY GALLON (CSS-1 H) (TACK COAT) 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. #B2000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Aggregate Industries - WCR, Inc BUSINESS ADDRESS 1687 Cole Blvd, Suite 300 CITY, STATE, ZIP CODE Golden, Co 80401 TELEPHONE NO 303-888-2566 FAX 303-980-0038 PRINTED NAME AND TITLE Nathan Thompson, Sales Representative SIGNATURE 72,- E -MAIL nathan.thompson@aggregate-us.com DATE 2/3/2022 TAX ID # 84-0404340 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** CONTINUATION CERTIFICATE WESTERN SURETY COMPANY , Surety upon a certain Bond No. 30087902 dated effective 3/9/2020 (MONTH -DAY -YEAR) on behalf of AGGREGATE INDUSTRIES - WCR, INC. (PRINCIPAL) and in favor of WELD COUNTY, COLORADO (OBLIGEE) does hereby continue said bond in force for the fwther period beginning on 3/9/2022 (MONTH -DAY -YEAR) and ending on 3/9/2023 (MONTH -DAY -YEAR) Amount of bond $5,000,000.00 Description of bond Hot & Warm 1 O 65 Mix Asphalt Supply 2020 / "South County" premium; $ 17,500.00 PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and pr that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be can and that the said Suretys aggregate liability under said bond and this and all such Continuation Certificates on account of all committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event the amount of said bond as hereinbefore set forth. Signed and dated on March 10, 2022 (MONTH -DAY -YEAR) WESTERN SURETY COMPANY By 11 Y i`( LL L ATTORNEY -IN -FACT Lisa A. Ward Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY. a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls_ and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make. constitute and appoint Lupe Tyler, Lisa A Ward, Michael J Herrod, Terri L Morrison, Gina A Rodriguez, Andrea M Penaloza, Donna L Williams, Vanessa Dominguez, Misty Wright, Amanda George, Erin M Dennison, Individually of Houston. TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. in Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to he hereto affixed on this 6th day of July. 2021. .ETrCQ'�h WESTERN SURETY COMPANY �p4f0�POgq��`i�$ yWt4 :Zi aul T. Bruflat. Vice President State of South Dakota 1 ss County of Minnehaha On this 6th day of July, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT 1/ NaFAWY PUBLIC(R', t souTK oacmA l March 2. 2026 ;,,, ,,,,,,,,,,,,,,,,,,, M. Bent, Notary Public CERTIFICATE I, L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this f, k' may of 'Ycr4 ,REt' WESTERN SURETY COMPANY �.m L. Nelson, Assistant Secretary Form F4280-7-2012 Go to ww-2 cnasurety.cam > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. INCREASE RIDER To be attached to and form part of Bond Number 30087902 effective March 9, 2021 issued by the WESTERN SURETY COMPANY in the amount of Three Million One Hundred Thirty Thousand Seventy One & 00/100 Dollars ($3,130,071.00 ), on behalf of AGGREGATE INDUSTRIES - WCR, INC. as Principal and in favor of WELD COUNTY, COLORADO as Obligee. Now therefore, it is agreed that: We, WESTERN SURETY COMPANY , Surety on the above bond, hereby stipulate and agree that from and after the effective date of this Stipulation, the Penalty of said Bond shall be increased FROM Three Million One Hundred Thirty Thousand Seventy One & 00/100 Dollars ($ 3,130,071.00 ) TO: Five Million and 00/100 Dollars ($5,000,000.00 ) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be effective March 24, 2022 Signed, Sealed and Dated this March 24, 2022 AGGREGATE INDUSTRIES - WCR, INC. (Principal) WESTERN SURETY COMPANY (Surety) By:\'} ft- ,. Lisa A. Ward Attorney -in -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY. a South Dakota corporation. is a duly organized and existing corporation having its principal office in the City of Sioux Falls. and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Michael J Herrod, Terri L Morrison, Gina A Rodriguez, Andrea M Penaloza, Donna L Williams, Vanessa Dominguez, Misty Wright, Amanda George, Erin M Dennison, Individually of Houston, TX, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 6th day of July, 2021. ETy WESTERN SURETY COMPANY 31Y``OP,QQR,9 j�1 yz E t Z �S0SEa� v aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 6th day of July, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seat of said corporation; that the scat affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. « ........................r My commission expires March 2.2026 �NOTARYPUBLJsourN oaKmas$ s' Iv M. Bent. Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed tv my name and affixed the seal of the said corporation this 1+'flay of v � C, 1'�C fir, •` �--��- , WESTERN SURETY COMPANY Wj O#Og9) S.az p�3`4E A L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner I Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. �1 ® ''v o CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) DB/3VDD2, 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 Aon Risk Services southwest, Inc. Houston TX Office cemACT N. PHPHONE (A/C.No.Ext): (866) 283-7122 � (800) 363-0105 E-MAIL ADDRESS: 5555 San Felipe suite 1500 INSURER(S) AFFORDING COVERAGE NAIL # Houston Tx 77056 USA INSURED INSURER A: ACE American Insurance company 22667 Holcim Participations (us) Inc. 6211 Ann Arbor Rd Dundee MI 48131 USA INSURERS: Indemnity Insurance Co of North America 43575 INSURER C: ACE Fire Underwriters Insurance Co. 20702 INSURER D: American Guarantee & Liability Ins Co 26247 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570089655894 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD y yvp POLICY NUMBER MMIDD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG EACH OCCURRENCE $2,500,000 CLAIMS -MADE ❑X OCCUR DAMAGETORENTED PREMISES (Ea occurrence) 500, 000 $2,500,000 MED EXP (Any one person) $ 5 ,000 PERSONAL&ADV INJURY $2,500,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY ❑ PRO ❑ LOC JECT PRODUCTS - COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY ISA H25541443 10/01/202110/01/2022 COMBINED SINGLE LIMIT (Ea accident $10,000,000 Auto (AOS) BODILYINJURY(Perperson) A X ANYAUTO ISA H25541406 10/01/2021 10/01/2022 OWNED SCHEDULED Auto (NH only) - $50K CSL BODILY INJURY (Per accident) AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident D X UMBRELLALIAB X OCCUR AUC014440105 10/01/2021 10/01/2022 EACH OCCURRENCE $10,000,000 SIR applies per policy ter s & conditions AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION B WORKERS COMPENSATION AND WLRC68913901 10/01/2021 10/01/2022 X PER STATUTE OTH- ER EMPLOYERSLIABILITY Y/N WC (ADS) E.L. EACH ACCIDENT $1,000,000 A ANY PROPRIETOR / PARTNER / EXECUTIVE N N/A WLRC68913949 10/01/2021 10/01/2022 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) WC (AZ ,MA) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Excess Auto Lia XSA H25541480 10/01/2021 10/01/2022 Aggregate $9,950,000 XS Auto (NH ONLY) SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Board of County Commissioners of weld County, Colorado, its officers and employees are included as Additional Insured as required by written contract, but limited to the operations of the insured under said contract, in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-contributory as required by written contract to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County AUTHORIZED REPRESENTATIVE 1150 o St. Greeley CO 80631 USA `wax _yltb Y� JL rn m U, CD 0 0 r - U, ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC #: ADDITIONAL REMARKS SCHEDULE Page — of — AGENCY Aon Risk Services Southwest, Inc. NAMED INSURED Holcim Participations (US) Inc. POLICY NUMBER see Certificate Number: 570089655894 CARRIER See Certificate Number: 570089655894 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WYD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION C N/A 5CFC68913986 WC Retro (WI) 10/01/2021 10/01/2022 OTHER A Excess WC WCUC68914024 XS WC (MI,OH,OK,SC,WA) SIR applies per policy to 10/01/2021 ms & condit 10/01/2022 ons EL Each Accident $1,000,000 EL Disease - Policy $1,000,000 EL Disease - Ea Empl $1,000,000 ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC #: ADDITIONAL REMARKS SCHEDULE Page — of _ AGENCY Aon Risk services southwest, Inc. NAMED INSURED Holcim Participations (us) Inc. POLICY NUMBER see certificate Number: 570089655894 CARRIER see Certificate Number: 570089655894 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insureds Holcim Participations (US) Inc. Aggregate Industries Management, Inc. International Atlantins Insurance Company Holcim (Us) Inc LaFargeHolcim Finance US LLC Aggregate Industries Northeast Region, Inc. Bardon Inc Tiger Minimix Inc Lattimore Materials Corp Tarrant Concrete Company, Inc Aggregate Industries - SWR, Inc. (d/b/a Frehner Construction) Aggregate Industries - WCR, Inc. Tiger Delivery LLC Aggregate Industries Land Company, Inc. Lordstown Construction Recovery LLC Redland Quarries NY Inc. Lafarge Aggregates Illinois Inc. Fredonia valley Railroad Inc. Aggregate Industries - MWR, Inc. Meyer Material Company LLC Kost Inc GeoCycle LLC systech Environmental Corporation Lafarge PNW Inc. Nautilus Holding Company American Transport Leasing Inc. Cement Transport Ltd Surplus Items Inc Thorstenberg Materials Co., Inc. Bardon, Inc. DBA Aggregate Industries Inc. Mid Atlantic Transit Mix Concrete Company ACORD 101 (2008/01) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE OF RENEWAL 2022 Hot and Warm Mix Asphalt Supply To: Nathan Thompson Aggregate Industries US Western Region Golden, Colorado 80401 Project Description: 2022 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2000069 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 9 day of March 2022. Weld County, Colorado, Owner By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Aggregate Industries, Inc. - WCR (Contractor) Dated this 9th day of March 2022. By: Nathan Thompson Title: Sales Representative BID NO # B2000069 Page 1 Entity Information Entity Namet Entity iD t El New Entity? AGGREGATE INDUSTRIES WR INC `O0000051 S Contract Name* 2022 HOT AND WARM MIX ASPHALT SUPPLY Contract Status CTB REVIEW Contract ID 5695 Contract Lead JHOLPROOK Contract Lead Email Jhol brookco.weld.co. U5 Contract Description SUPPLY HOT MIX ASPHALT F THE SOUTHERN 2022 WELD COUNTY PROJECTS. Contract Description 2 Contract Type Department RENEWAL PUBLIC WORKS Amountt Department Email $2,824,240,00 CM- PubIicWorksWweldgov.com Renewable NO Department Head Email C-Publ i c W orks- Aut a tic Renewal Dept ead nreldgov.corn Grant Cotinty Attorney KARIN MCDOUGAL IGA County Attorney Email KMCDOUGALCO.WELDCO. US if this is a renewal enter previous Contract ID 4523 If this is part of a MSA enter MSA Contract ID Parent Contract ID Requested 8OCC Agenda Due Date Date" 03/26/2022 03/30/2022 Will a work session with be required?* NO Does Contract require Purchasing Dept to be included? YES Bid/FP #" 82000069 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Contact Information Review Date* Renewal Date 12/15/2022 Committed Delivery Date Expiration Date* 01,/01/2023 i' i Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Hate 0324/2022 Final Approval 8OCC Approved 8OCC Signed Date 8OC8 Cary Agenda Date 037 30,12022 Originator j HCLBROOK Purchasing Approved Date 03/24/2022 Finance Approver CONSENT Finance Approved Date 03/24,2022 Tyler Ref # AG 033022 Legal Counsel CONSENT Counsel Approved Date 03'24,'2022 Cor olc 1P15(077 5(o72 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS. This Agreement Extension/Renewal ("Renewal"), made and entered into day of March. 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Martin Marietta Materials, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 30, 2020 (the "Original Agreement"), identified as document #B2000069/2020-0657. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The current Agreement will end on March 29, 2022. • The parties agree to extend the Agreement for an additional 365 days, which will begin March 30.2022 and will end on March 29.2023. • 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. This extension will be the third year of a possible three-year contract. 2. The 2021 Fee Schedule of the contract shall be replaced by the attached 2022 Fee Schedule, which is attached hereto and incorporated by reference. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Printed Signature AM,,¢j- Cm-6WC€ (P1V% Ud ATTEST: Con, 03/ZI /ZL BOARD OF COUNTY COMMISSIONERS iLORADO iir MAR 2 12022 ) EC-� 001 �6 RENEWAL 2022 BID SCHEDULE NORTH HMA SUPPLY (based on estimated 2022 quantities) Martin Marietta Materials, Inc. ITEM` .' ; :tTEN1 QUANTITY ;`.UNIT BIDPRICE CONTRACT _ ` PLANT :. c PER UNIT PRICE CC+ CATiON.-' HOT MIX NORTH TON / ! 7 UQ ASPHALT 2,820 p1 403.00 (GRADING-SX) (ASPHALT)(75) (PG -64-22) SOUTH TON (20 % RAP) 0 HOT MIX NORTH 48,750 TON � 67X 50 I ASPHALT $ $c dU (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 0 TON (20% RAP) HOT MIX NORTH 19,850 TON / P1 L//q, 75 ASPHALT p/(.3 403.00 (GRADING-SX) (ASPHALT)(100) SOUTH (PG -64-28) 0 TON (20% RAP) WARM MIX NORTH 2,600 TON o /l,ao ASPHALT • (GRADING -S) SOUTH 403.00 (ASPHALT)(100) (PG 64-22) 0 TON (20% RAP) EMULSIFIED NORTH a� j Cb OOO •}' ( J ASPHALT ONLY 401.00 (CSS-1H) 40,000 GALLON . (TACK COAT) Bond No. SU1182288 SUPPLY CONTRACT BOND Martin Marietta KNOW ALL MEN BY THESE PRESENTS, That, Materials, Inc. as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) 1800 North Taft Hill Rd, Fort Collins, CO 80521 and Arch Insurance Company as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) Harborside 3, 210 Hudson Street, Suite 300, Jersey City, NJ 07311-1107 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of $4,500,000.00 (here insert full name and address or legal title of the Buyer) Weld County - Public Works, 1150 O Street, Greeley, CO 80631 for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain writteix n contract with the Buyer dated$vlarch 9th 2022 to furnish the following briefly described supplies: Supply 2022 Renewal a which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the 14tlday of March , 2022 Martin Marietta Materials, Inc. (Principal) (Seal), 1]� (Title) T , r Birch, Vice President and Treasurer (Witness'"' W. kreztsmar Arch Insurance Company (Surety) ca (Title) Rebeca L. Gomez Porras, Attorney -In -Fact Attach valid Corporate Power of Attorney Form �'p YYYL . J Kristy W. K ztschmar (Witness) BID NO # B2000069 24 ( P a g e AIC 0000366344 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Benjamin A. Stahl, Elizabeth K. Sterling, Kristy W. Kretzschmar, Megan K. Douaire, Rebeca L. Gomez Porras and Tyler Birch of Atlanta, GA (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 10, 2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 3'" day of March, 2022. Attested and Certified 4' Arch Insurance Company Regan .. Shulman, Secretary Stephen C. Ruschak, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and volets for the uses and purposes therein set forth. Wei�podii, C0trM1�GIkefi4usv lull!-M*siySsI iMIDNEIE 7AIP0DI, JiOtrtly Wit eF AVCmI 3mgnlgpitAl ItAlt3t.20R5 Mich expires ublic iMrablr f My commission 07/31/2025 CERTIFICATION I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 3. 2022 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this jfray 20�. Re A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division (Xll(rtJItATE '� 3 Parkway, Suite 1500 (M sett Philadelphia, PA 19102 1471 To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthentic@archinsurance.com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. ARb® CERTIFICATE OF LIABILITY INSURANCE DATE (ti2ozl12021 YYYY) 1on THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. 100 North Tn Street, Suite 3600 Charlotte, NaC 28202 Attn: CA NON-RESIDENT NO. OB22889 CONTACT NAME: PHONE FAX c No): E-MAIL ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Zurich Insurance Coman 40142 CN102458548-1.MMM-GAWX-21-22 RM201 INSURED Martin Marietta Materials, Inc. INSURER B : American Guarantee and Liabili Insurance company 26247 INSURER C: Attn: Dan Welsh 4123 Parklake Avenue PO Box 30013 INSURERD: INSURER E: Raleigh, NC 27612 INSURER F: CUVERAGFS CFRTIFICATF NI IMRFR' ATI-nnen3d14R-0F RFVLQIAN NI IMRGR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE ADDL SUBRI POLICY NUMBER POLICY EFF MM/DD/YYYYI POLICY EXP IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GLO987504400 09/30/2021 09/30/2022 EACH OCCURRENCE $ 3,000,000 PREEMIMI E S PRt RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PROT - [I] LOC JEC GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 6,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP987504500 09/30/2021 09130/2022 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 ANY AUTO BODILY INJURY (Per person) - $ IX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident X UMBRELLA LIAR X OCCUR AUC 3293761-00 09130/2021 09/30/2022 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAR CLAIMS -MADE DED I RETENTIONS $ A WORKERS COMPENSATION ANDEMPLOYERS 'LIABILITY Y/N N ANYPROPRIETOR/PARTNERJEXECUTIVE OFFICERIMEMBEREXCLUDED7 ❑N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC987504700 09/30/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT S 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Hot & Warm Mix Asphalt Supply 2020 Weld County istare additional insured under General Liability (including ongoing and completed ups) and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. GR I trI\,N IL 17VLIJGR LHNI,CLLMI(UN Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 758 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley, CO 80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (4� '7eic 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD NOTICE OF RENEWAL 2022 Hot and Warm Mix Asphalt Supply To: Jerimy Runner Martin Marietta Materials Rocky Mountain Division Fort Collins, Colorado 80521 Project Description: 2022 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2000069 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 9 day of March 2022. Weld County, Colorado, Owner By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Martin Marietta Materials, Inc (Contractor) Dated this 10th day of March 2022 By: Title: VP/GM BID NO # B2000069 Page 1 New Contract Request Entity Information Entity * EntitylD* MARTIN MARIETTA MATERIALS INC '00031274 Contract Name* 2022 NORTH HA SUPPLY RENEWAL AL Contract Status CTB REVIEW ❑ New Entity? Contract ID 5677 Contract Lead* JHOLRROOK Contract Lead Email Jhoi brook@co.we ld, co, rr s Parent Contract ID Contract Description* SUPPLY APPROXIMATLEY 74¢040 TOSN OF HOT MIX ASHALT AND 40,000 %ASSONS OF TACK COAT FOR THE NORTHERN PAVING PROJECTS iN 2022. Contract Description 2 Contract Type * Department Requested EOCC Agenda Due Date CONTRACT PUBLIC WORKS Date * 03.17/2022 03=2112022 Amount. Department Email $4,784,745.00 CM- Will a work session with I€OCC be required?* Pubii 'oorks@weidgov.corn NO Renewable NO Department Head ail Does Contract require Purchasing Dept. to be induded? CM-PubiicWorks- YES Automatic Renewal Oe tHeadx- eldgov.com $ids P #* Grant County Attorney 82000060 KARIN MCDOUGAL IC1 County Attorney Email KMCDOUGAL CO.WELD COs US If this is a renewal enter previous Contract ID 4522 If this is part of a MSA enter Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On8ase Contract Dates Effective Date Review a to * Renewal Date 1211412022 Termination Notice Period Committed Delivery Date Expiration Date* 03/292023 Contact Information Contact Info Contact Name Purchasing Purchasing Appiover CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03/15)`2022 IOCC Skjned Date ROCC Agenda Date 03!21,2022 Originator J HOLBROOK Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date 03/1 5 /2022 Tyler Ref # AG 032122 Legal Counsel CONSENT Legal Counsel Approved Date 0311 5,/2022 l.n-tract =O #c-- , ova CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS. This Agreement Extension/Renewal ("Renewal"), made and entered Into Sday of 1111W�, 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Martin Marietta Materials, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 30, 2020 (the "Original Agreement"), identified as document #B2000069/2020-0657. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which Is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The current term of the Original Agreement will end on March 29, 2021. • The parties agree to extend the Agreement for an additional 365 days, which will begin March 30, 2021 and will end on March 29, 2022. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract. 2. Beginning March 30, 2021, the 2020 Fee Schedule of the contract shall be replaced by the attached 2021 Fee Schedule, which is attached hereto and incorporated by reference. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: J1 C4 Printed Name Signature ATTEST:�� Q-+ Ar4a. 0f O $ f 9 BOARD OF COIINTV COMMICCIONFRC COUNTY, COLORADO Moreno, Chair MAR 0 8 2021 ) 0-OCcS"' RENEWAL 2021 BID SCHEDULE NORTH HMA SUPPLY (based on estimated 2021 quantities) Martin Marietta Materials, Inc. ITEM # 3 _ 403.00 REM HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) QUANTITY "tNIT j� TON BID' RICE' PER UNR $54.50 CONTRACT, �PRtCE $386,950 P NT 1 �IOCATION 925 N 35th Ave Greeley, CO 80631 NORTH 7,100 (PG -64-22) SOUTH TON (20 % RAP) 0 HOT MIX NORTH ASPHALT 35,280 TON $53.00 $1,869,840 925 N 35th Ave (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 0 TON (20% RAP) Greeley, CO 80631 HOT MIX NORTH 403.00 ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) 9,880 TON $63.50 $627,380 925 N 35th Ave Greeley, CO 80631 SOUTH 0 TON WARM MIX ASPHALT NORTH 0 TON 403.00 (GRADING -S) (ASPHALT)(100) SOUTH (PG 64-22) 0 TON (20% RAP) EMULSIFIED NORTH 401.00 ASPHALT (CSS-1 H) (TACK COAT) ONLY 40,000 GALLON $3.90 $156,000 925 N 35th Ave Greeley, CO 80631 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Martin Marietta BUSINESS ADDRESS 1800 North Taft Hill Road CITY, STATE, ZIP CODE Fort Collins, Colorado 80521 TELEPHONE NO 970-407-3600 FAX 970-407-3900 TAX ID # 56-1848578 PRINTED NAME AND TITLE Ryan Yoch VP/GM Asphalt and Paving SIGNATURE E-MAIL jerimy.runner@niartjnmarietta.com DATE ((23f2.( 23124 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** Liberty Mutual Surety 450 Plymouth Road. Suite 400 Plymouth Meeting, PA 19462 SUPPLY CONTRACT BOND KNOW ALL BY THESE PRESENTS: That we, Martin Marietta Materials, Inc. 1800 North Taft Hill Road, Fort Collins, CO 80521 Liberty Mutual Insurance Company , a business in the State of and firmly bound unto Weld County Bond 016228397 as Principal, and Massachusetts corporation, authorized to transact surety Colorado , as Surety, are held 1150 O Street, Greeley, CO 80631. Telephone: (970) 400-4022 as Obligee, in the sum of Four Million Dollars And Zero Cents ($ 4,000,000.00 ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, on the 17th day of February 2021 , the Principal entered into a supply contract with the Obligee for furnishing Hot & Warm Mix Asphalt Supply 2021 Renewal which supply contract is by reference made a part hereof and is hereafter referred to as the Contract; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform said supply contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in frill force and effect. DATED this 19th day of February , 2021 r tt oePORAt �r Martin Marietta Materials, Inc. SEAL 1800 North Taft Hill Road Fort Collins, CO 8 Principal By: T r Birch Vice President and Treasurer Title Liberty Mutual I u nce Corn any Re eca L. G6mez Porras Attorney -in -Fact xDP +Iw This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8204708-976435 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Kristy W. Kretzschmar; Rebeca L. Gomez Porras; T ler Birch all of the city of Ratelgh state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of January , 2021 . Liberty Mutual Insurance Company ci t t INs , ttStr pq The Ohio Casualty Insurance Company o s rr' 'y �c� oe ' r kc, a` *°o c+ rU of +°o fi 1919 4 1991 ��kaaP�+� d� +',� `+�aindp ,abet B* ) yyH� kt Syr t� y. f'___ David M. Carey. Assistant Secretary Slate of PENNSYLVANIA County of MONTGOMERY On this 8th day of January , 2021 before me personally appeared David M, Carey, who acknowledged himself lobe the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. r rS �{,,.1ea1,a;�, COMMONWEALTH OF PENNSYLVANIA t� � '�r$' � 1 Notarial Seal 4 1 ' 07 Teresa Pastella, Notary Public Upper Marion Twp., Montgomery County E +. My commission Expires March 29, 2021 erase Paste *"+,gj� rvy py AdamSar. Maanaren§a.Aasaaaibn drnrartaa This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of February , 2021 tNSt, olf INS&.p %1i �� naaaor�''F 6a`�pcv'rr°A tiL �t,P �aaoaq'yo 1912 0 a 1919 a 1991 "` Yd3'�ea,va �� anrxve`� b Vp 'wnat a� y Renee C. Llewellyn, Assistant Secretary �7 k 1'� N,( * b� 3� * t•� LMS-12973 LMIC OCIC WAIC Multi Co 820 6 A " CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDNYYY) 09/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Marsh USA Inc. PHONE 100 North Tryon Street, Suite 3600 Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. OB22889 �REs5 INSURERS AFFORDING COVERAGE. - NAIC# CN102458548-1.MMM-GAWX-20-21 RM201 INSURER A : ACE American Insurance Com�anv 22667 INSURED Martin Marietta Materials, Inc. INsuRER B: ladamni Ins Co Of North America 43575 Attn: Dan Welsh INSURER c : ACE Property And Casual ins Co 20699 2710 Wycliff Road INSURER D ; PO Box 30013 Raleigh, NC 27622 INSURER E : INSURER F t`nVFRAr:FR CFRTIFIr ATF NI IMRFR• ATI -005034145-OR RFVLCInT NIIMRFR• 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. IN5R LTR. TYPE OF INSURANCE SUBRT POLICY NUMBER PO ICY EFF MMIDO POLICY EXP M DD LIMITS A X COMMERCIAL GENERAL LABILITY HDOG71450430 09/30/202009/30/2021 EACH OCCURRENCE $ 3,000,000 CLAIMS -MADE t OCCUR PREMI ES Ea occurrence $!. 50,000 MED EXP Any one person $ PERSONAL & ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY � E LOC PRODUCTS - COMP/OP AGO $ 6,000,000 OTHER, $ A AUTOMOBILE LIABILITY ISAH25308475 .0913012020 09/30/2021 COMB!EDSINGLELIMIT $ 5,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS IR _ PROPERTY DAMAGE n!1_,_, -$ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY a $ X UMBRELLA WAS X OCCUR XEUG28167581005 09/3012020 09/30/2021 EACH OCCURRENCE $ 1,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 1,000,000 DIED RETENTION$ li $ B WORKERS COMPENSATION WLRC67484126 (AOS) 09/30/2021 X 0TH - E A AND EMPLOYERS' LIABILITY Y f N WLRC67464163 (CA) 09130/2020 09/30/2021 ST T TE 2,000,000 OFFONYPROPRI MBER ARTNERIDCECUTIVE EXCLUDED? N / A E.L. EACH ACCIDENT $ 2,000,000 (Mandatory in H) (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Hot & Warm Mix Asphalt Supply Weld County is/are additional insured under General Liability (including ongoing and completed ops) and Automobile Liability as their Interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies, A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, If required by written contract, and subject to policy terms and conditions. GERTIFIGATE HOLDER GANGtI.LATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 75B THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Greeley, CO 80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Annette Stefani © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD NOTICE OF RENEWAL � .• - � � Dui u_s,r _ .� To: Jerimy Runner Martin Marietta Materials Rocky Mountain Division Fort Collins, Colorado 80521 Project Description: 2021 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2000069 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 16 day of February 2021. Weld County, Colorado, Owner By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by `" ` (Contractor) Dated this 1 L day of � � "1 , 2021. Title: VP IG ^— BID NO # B2000069 Page 1 Entity Information Entity Name r Entity ID MARTIN MARIETTA MATERIALS INC ?,00031274 Contract Name 2021 HOT AND WARM MIX ASPHALT NORTH SUPPLY RENEWAL Contract Status CTR REVIEW ❑ New Entity? Contract ID 4522 Contract Lead JHOLRROOK Contract Lead .ail Jhol brookcowelcLcous Parent Contract ID 3 � a Contract Description SUPPLY APPROXOXIMATLEY 52,300 TONS OF HOT MIX ASPHALT FOR MAINTENANCE OVERLAYS, FOR, HRP AND CIP PROJECTS IN THE NORTHERN PART OF WELD COUNTY I ii Contract Type Department RENEWAL PUBLIC WORKS Amount * Department Email $ 3,040,170.00 CM_ CM- PubIicWorkscweIdgovcom Renewable YES Department Head it CM-PublicWorks- Automatic RenewalDeptHead reldgov,co€n Gant County Attorney BOB CHOATE ICA County Attorney Email BCHOATECd)CO W LD.00.US If this is a renewal enter previous Contract ID 3478 If this is part of a MSA enter MSA Contract ID Requested OCC Agenda Due Date Dates 02%27/2021 03/03/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept_ to be included? u YES Sid/REP # 02000069 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period mt.iirn71 Review e t Renewal Date t 01 07, 2022 0207/2022 Committed Delivery Date Expiration Date Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAY MCDONALD DH Approved Date 03/01/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/08/2021 Originator J HOLBROOK [snrnTiIsz IiliiIi1•. Purchasing Approved Date 03/01/2021 Finance Approver CONSENT Finance Approved e 03101;` 2021 Tyler Ref # AG 030821 Contact Phone 2 Legal Counsel CONSENT T Legal Counsel Approved Date 03/01/2021 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN 111trQC♦ iO # "Sx3 THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND AGGREGATE INDUSTRIES US. This Agreement Extension/Renewal ("Renewal"), made and entered into Sk%clay of , 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Aggregate Industries US, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 23, 2020 (the "Original Agreement"), identified as document #B2000069/2020-0657. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The current current term of the Original Agreement will end on March 23, 2021. • The parties agree to extend the Agreement for an additional 365 days, which will begin March 24, 2021 and will end on March 23,2022. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three-year contract. 2. Beginning on March 24, 2021, the 2020 Fee Schedule of the contract shall be replaced by the attached 2021 Fee Schedule, which is attached hereto and incorporated by reference. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Aggregate Industries, Inc. - WCR Printed Name Nathan Thompson Signature ATTEST: i� V • RflARr) CW f nl1NTV (fMMICCIf)NFRC O31Q tai " I COUNTY, COLORADO 1 Moreno, Chair MAR 0 8 2021 o?oao- O Cos E& 00 8 RENEWAL 2021 BID SCHEDULE SOUTH HMA SUPPLY (based on estimated 2021 quantities) Aggregate Industries ITEM # ITEM QUANTITY UNIT. BID PRICE CONTRACT PRICE PLANT` PER UNIT LOCATION : NORTH HOT MIX 0 TON ASPHALT (GRADING-SX) 403.00 SOUTH (ASPHALT)(75) (PG -64-22) TON (20 % RAP) 0 HOT MIX NORTH ASPHALT 0 TON (GRADING -S) 403.00 (ASPHALT)(100) SOUTH TON $44.40/ton $2,968 140 Longmont -Primary Dahlia -Secondary (PG -64-22) (20% RAP) 66,850 HOT MIX NORTH ASPHALT 0 TON (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH TON $51.41 /ton $724 881 Longmont -Primary Dahlia -Secondary (PG -64-28) (20% RAP) 14,100 WARM MIX NORTH ASPHALT 0 TON (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG 64-22) 0 TON (20% RAP) EMULSIFIED ASPHALT NORTH 401.00 ONLY GALLON (CSS-1 H) (TACK COAT) 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. #B2000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Aggregate Industries, Inc. - WCR BUSINESS ADDRESS 1687 Cole Blvd, Suite 300 CITY, STATE, ZIP CODE Golden, CO 80401 TELEPHONE NO 303-888-2566 FAX 303-980-0038 TAX ID # 84-0404340 PRINTED NAME AND TITLE Nathan Thompson, Sales Representative SIGNATURE E-MAIL nathan.thompson@agg regate-us. com DATE 1/30/2021 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. *"THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** NOTICE OF RENEWAL 2021 Hot and Warm Mix Asphalt Supply To: Nathan Thompson Aggregate Industries US Western Region Golden, Colorado 80401 Project Description: 2021 Hot and Warm Mix Asphalt Supply Contract renewal, Bid No. B2000069 You are hereby notified that your renewal rates have been accepted. You are required by the Instructions to Bidders to execute the Renewal Agreement, Bonds and furnish the required Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. You are required to return an acknowledged copy of this Notice of Renewal to the Owner. Dated this 16 day of February 2021. Weld County, Color do, Owner By Joshua J. Holbrook, Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Aggregate Industries, Inc. - WCR (Contractor) Dated this 19th day of February , 2021. By: Nathan Thompson Title: Sales Representative BID NO # B2000069 Page 1 ,4v o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)09/29/2020 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 Aon Risk Services Southwest, Inc. Houston TX Office CONTACT NAME: PHONE Ext): (866) 283-7122 FAX C. No.): (800) 363-0105 E-MAIL ADDRESS: 5555 San Felipe Suite 1500 Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: ACE American Insurance Company 22667 HolCim Participations (US) Inc. 6211 Ann Arbor Rd Dundee MI 48131 USA INSURER B: Indemnity Insurance Co of North America 43575 INSURERC: ACE Fire Underwriters Insurance Co. 20702 INSURER D: American Guarantee & Liability Ins Co 26247 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570084177293 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. Limits shown are as requested uF LTR TYPE OF INSURANCE t INSD 51I WVD POLICY NUMBER POI.ICY EFF MM1DD/VYYY( POLICY EXP (MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG 14 8551 10 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO R $2,000,000 PREMISES Ea occurrence MED EXP (Any one person) $ 5 ,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY ❑ PRO- ❑ JECT LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY ISAH25306715 10/01/2020 10/01/2021 COMBINED SINGLE LIMIT Ea accident $5,000,000 20-21 Auto (ADS) BODILY INJURY( Per person) A X ANYAUTO ISAH25306594 10/01/202010/01/2021 OWNED SCHEDULED 20-21 Auto (NH only) BODILY INJURY(Per accident) AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident D X UMBRELLALIAB X OCCUR A00014440104 10/01/2020 10/01/2021 EACHOCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000 , 000 DED RETENTION B WORKERS COMPENSATION AND WLRC67461125 10/01/202010/01/2021 X PERSTATUTE OTH- EMPLOYERS' LIABILITY Y/N 20-21 WC (AO5) ER E.L. EACH ACCIDENT $1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE N/A WLRc67461162 10/01/2020 10/01/2021 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) 20-21 WC (AZ, MA) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000, 000 A Excess Auto Lia XSAH25306752 10/01/2020 10/01/2021 Aggregate $4,950,000 20-21 XS AUto (NH ONLY) SIR applies per policy ter is & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Board of County Commissioners of Weld County, Colorado, its officers and employees are included as Additional insured as required by written contract, but limited to the operations of the Insured under said contract, in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-contributory as required by written contract to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. weld County I AUTHORIZED REPRESENTATIVE 1150 O St. Greeley CO 80631 USA c5ttdtr4ftS,l".L5 co on N N - a, 0 0 N - a) O z C) (O U 0) C) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC #: ADDITIONAL REMARKS SCHEDULE Page — of — AGENCY Aon Risk services southwest, Inc. NAMED INSURED Holcim Participations (us) Inc. POLICY NUMBER see Certificate Number: 570084177293 CARRIER see Certificate Number: 570084177293 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION C N/A SCFc67461204 20-21 WC Retro (WI) 10/01/2020 10/01/2021 OTHER A Excess WC WCUC67461241 XS WC (MI,OH,OK,SC,WA) SIR applies per policy to 10/01/2020 ms & condit 10/01/2021 ons EL Each Accident $1,000,000 EL Disease - Policy $1,000,000 EL Disease - Ea Empl $1,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC #: ADDITIONAL REMARKS SCHEDULE Page — of _ AGENCY Aon Risk services southwest, Inc. NAMED INSURED Holcim Participations (Us) Inc. POLICY NUMBER see Certificate Number: 570084177293 CARRIER see certificate Number: 570084177293 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insureds Holcim Participations (Us) Inc. Aggregate Industries Management, Inc. International Atlantins Insurance Company Holcim (Us) Inc LaFargeHolcim Finance US LLC Aggregate Industries Northeast Region, Inc. Bardon Inc Tiger Minimix Inc Lattimore Materials Corp Tarrant Concrete Company, Inc Aggregate Industries - SWR, Inc. (d/b/a Frehner Construction) Aggregate Industries - WCR, Inc. Tiger Delivery LLC Aggregate Industries Land Company, Inc. Lordstown Construction Recovery LLC Redland Quarries NY Inc. Lafarge Aggregates Illinois Inc. Fredonia Valley Railroad Inc. Aggregate Industries - MWR, Inc. Meyer Material Company LLC Kost Inc GeoCycle LLC Systech Environmental Corporation Lafarge PNW Inc. Nautilus Holding Company American Transport Leasing Inc. Cement Transport Ltd Surplus Items Inc Thorstenberg Materials Co., Inc. Bardon, Inc. DBA Aggregate Industries Inc. Mid Atlantic ACORD 101 (2008)01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONTINUATION CERTIFICATE WESTERN SURETY COMPANY , Surety upon a certain Bond No. 30087902 dated effective 3/9/2020 (MONTH -DAY -YEAR) on behalf of AGGREGATE INDUSTRIES - WCR, INC. (PRINCIPAL) and in favor of WELD COUNTY, COLORADO (OBLIGEE) does hereby continue said bond in force for the further period beginning on 3/9/2021 (MONTH -DAY -YEAR) and ending on 3/9/2022 (MONTH -DAY -YEAR) Amount of bond $3,130,071.00 Description of bond Hot & Warm Mix Asphalt Supply 20201 "South County" #62000069 Premium: $ 10,955.00 PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and pi that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be can and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all i committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event the amount of said bond as hereinbefore set forth. Signed and dated on February 18, 2021 (MONTH -DAY -YEAR) ATTORNEY -IN -FACT Lisa A. Ward Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation. is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Michael J Herrod, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Misty Wright, Amanda George, Naomi Harris -Thompson, Terri L Morrison, Erin M Dennison, Individually of Houston. TX. its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted. as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of June. 2019. Er WESTERN SURETY COMPANY ,¢� ?' ,-. Ci s a 4°P1904j��D": �iir OtK°�P7427TV aul T. Brutlat, Vice President State of South Dakota ss County of M innehaha On this 7th day of June. 2019, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to he the act and deed of said corporation. My commission expires M0HR June 23, 2021 J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th day of February, 2021. rgptEr"y,.at WESTERN SURETY COMPANY °B,?OA,q;,taa 4(, jw yz r.� s ` SEav�a I.. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner I Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Entity Information Entity Name' Entity ID * ❑ New Entity? AGGREGATE INDUSTRIES WR INC s00000518 Contract Name* Contract ID Parent Contract ID 2021 HOT AND WARM MIX ASPHALT SOUTH SUPPLY 4523 RENEWAL Contract Lead * Requires Board Approval Contract Status JHOLRR£ K YES CTB R Contract LLd Email Department Project # Jholbrook@co.weld.co.us Contract Description* SUPPLY APPROXIMATELY 82,100 TONS OF HOT MIX ASPHALT FOR MAINTENANCE, FDR, HRP AND CIP PROJECTS IN THE SOUTHERN PART OF WELD COUNTY Contract Description 2 Contract Type Department RENEWAL AL PUBLIC WORKS Amount* Department Email $3740973M0 Cm- Pu bhcWorksuel dgov, com Renewable * YES Department Head -1 C-PubliclWorks- Automatic RenewalDeptHead {eldgov.con Grant County Attorney BOB CHOATE IGA County Attorney Email BCHOATECO,WELDCOUS If this is a renewal enter previous Contract ID 3470 If this is part of a MSA enter MSA Contract ID Requested 8OCC Aqenda Due Date Date'* 02/27/2021 03/03/2021 Will a work session with 8OCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Rase Termination Notice Period #ThTiI rnriMI!Tfl Review Date * Renewal Date 01 i0✓f2022 0207,2022 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Phone 2 Purchasing Purchasing r CONSENT Approval Process Department Head JAY MCDONAW DH Approved Date 03/01/2021 Final Approval C Approved ROCC Signed Date BOCC Agenda Date 03/0812021 Originator J HOL8ROOK Purchasing Approved Date 03,01/2021 Finance Approver CONSENT Finance Approved Date 03/01/2021 Tyler Ref # AG 030921 Legal Counsel CONSENT Legal Counsel Approved Date 03'01/2021 D# 3'78 WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & MARTIN MARIETTA MATERALS INC. THIS AGREEMENT is made and entered into this 10 day of March, 2020, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Martin Marietta Materials Inc, who whose address is 1800 N. Taft Hill Road Fort Collins, CO 80521, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt in 2020. (North County Only) with the possible two, one year renewals. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows; 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000069". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit B which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A & B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $3,646,400.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Martin Marietta Materials Inc. Attn.: Vice President, Ryan Yoch Address: 1800 N. Taft Hill Road Address: Fort Collins, CO 80521 E-mail: jerimy.runner@martinmarietta.com Facsimile:970-407-3 900 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Neal Bowers Position: Pavement Management Supervisor Address: 1111 H Street Address: Greeley, CO 80632 E-mail: nbowers@weldgov.com Facsimile: 970-304-6497 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 28. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Attorneys Fees/Leal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. i IN WITNESSj)VIIEREOF. the parties hereto have signed this Agreement this day of 2020. CONTRACTOR: Martin Marietta Materiald', Inc. By: IiL�Z'v Name: Abbott Lawrence Title: Division President WELD COUNTY: ATTEST• —W Weld un erk BY: Deputy Clerk Date U3/ts/202 0 BOARD OF COUNTY COMMISSIONERS lard/ _ WELD COUNTY, COLORADO MAR 3 0 2020 Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 SUPPLY CONTRACT BOND Bond 016224615 KNOW ALL BY THESE PRESENTS: That we, Martin Marietta Materials, Inc. 1800 North Taft Hill Road, Fort Collins, CO 80521 as Principal, and Liberty Mutual Insurance Company , a Massachusetts corporation, authorized to transact surety business in the State of Colorado , as Surety, are held and firmly bound unto Weld County 1150 O Street, Greeley, CO 80631. Telephone: (970) 400-4000 as Obligee, in the sum of Three Million Six Hundred Forty-six Thousand Four Hundred Dollars And Zero Cents ($ 3,646,400.00 ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, on the 3rd day of March 2020 , the Principal entered into a supply contract with the Obligee for furnishing Hot & Warm Mix Asphalt Supply 2020 which supply contract is by reference made a part hereof and is hereafter referred to as the Contract; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform said supply contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. DATED this 11th day of March 2020 Martin Marietta Materials, Inc. 1800 North Taft Hill Road Fort Collins, CO 80521 Principal By: Byron eech Vice President and Treasurer Title Liberty Mutual ns rance Company Rebeca L. Gomez Porras Attorney -in -Fact S-1449/LM 10/99 XDP This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. t0O O � roN Cr t✓ o.c E Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8201316-976435 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech, Todd Crump, Rebeca L Gomez-Porras; Kristy W. Kretzschmar; Dan Welsh all of the city of Raleigh state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal. acknowledge and defiver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of May 2019 . Liberty Mutual Insurance Company tNs�R Cy INSG a tNst! The Ohio Casualty Insurance Company �JP op°°prr9yc West American Insurance Company 1912 919 � � 1991 � O 4�, cNxwas �a fy��''Norxx►aaD By. * 1` M n„a,r AA ("nmv 4ecietwnf Cor•ralary State of PENNSYLVANIA County of MONTGOMERY On this 28th day of May , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes =� therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L) w IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Si, PAgr Q ; µ°u}te �?C COMMONWEALTH OF PENNSYLVANIA c°'° �= �y Notarial of i 4asteIla, By: Notary Public �'Qrw'}r ppUU' Member, Pennsylvania Association of NoLades This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 171111 1 , Fo n+ ve 3b w 3r 1'o F i�L l i 1912 o a 1919 W e �4 1991 BY Renee C. Llewellyn, Assistant Secretary 0 U C ktf ai 0 v N N co eo 0 LMS-12873 LMIC OCIC WAIC Mufti Co 062018 Cvkihi+ Q �"�-�� wr,• v �•/A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDONYYY) ATE(M 20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA Inc. PHONE 100 North Tryon Street, Suite 3600 Charlotte, NC 26202 Attn: CA NON-RESIDENT NO. OB22889 INSURERS AFFORDING COVERAGE NAIL E INSURER A. ACE American Insurance Company 22667 CN102458548-1.MMM-GAWX-19-20 RM201 INSURED Martin Marietta Materials, Inc. Attn: Todd Crimp INSURER B : Indemnity Ins Co Of North America 43575 INSURER C : ACEPro erty And Casualt ly ns Cq ,,T_ 20699 2710 Wycoff Road PO Box 30013 INSURER D : Raleigh, NC 27622 INSURERS: INSURER F : rnvcoerars CERTIFICATE IdIIMRFR• ALL -00.5034145-0t 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. �. tNSRlOt TYPE OF INSURANCE POLICY NUMBER POUCVEFF POLICY 5)1? LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS•MADE I A I OCCUR HDOG71448368 09/30/2019 09/30/2020 I EACH OCCURRENCE 3 3,000,000 III]} RENTED rr $ 50,000 MED EXP n one erson) $ PERSONAL & AOV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; POLICY ❑ OT PR ❑ LOC JEC OTHER. GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AUG $ 6,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED - SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY ISAH25285992 091312019 09130/2020 t€e.a�frtanDl L"MT $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ OPERTYAAGE $ -- X UMBRELLALIAS EXCESS LIAR Lx] OCCUR CLAIMS -MACE G28167581004 09/3012019 09/30/2020 EACH OCCURRENCE g 1,000,000 AGGREGATE $ 1,000,000 DED I RETENTION $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? a (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WLRC 6 207 (AOS) WLRC6604211A (CA) J9/2O19 09;3012019 30/30/2020 09/30!2020 PE TH- STATUTE E.L. EACH ACCIDENT S 2,000,000 E.L. DISEASE - EA EMPLOYEE _ $ 2,000,000 EL. DISEASE • POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached It more space Is required) Hot & Warm Mix Asphalt Supply 2020 Weld Counly is/are additional insured under General Liability (including ongoing and completed ops) and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, If required by written contract, and subject to policy terms and conditions. Weld County PO Box 758 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 or Marsh USA Inc. Annette Stefani ,Qiveo66- $l-+' U 1968-2016 ACUKU CUKPUKA I IUN. All rigntS reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD NOTICE OF AWARD Hot And Warm Mix Asphalt Supply 2020 (North County) To: Martin Marietta Materials Inc. 1800 N. Taft Hill Rd. Fort Collins. CO 80521 Project Description: (North County) Hot & Warm Mix Asphalt Supply 2020 The contract, Hot & Warm Mix Asphalt Supply 2020, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $_3,646,400.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner, Dated this 9 day of March , 2020 Weld County, Colorado, Owner By 7Q & Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by, Martin Marietta Materials, Inc. (Contractor) Dated this �l1"` __ day of ,llarek 20 20 By: Title: Abbott Lawrence - Division President BID SCHEDULE (based on estimated 2020 quantities) ITM# !gffi pThc �ONTRAC1PRICE FtA NTLOCATION NORTH 925 N.35`h Ave HOT MIX 0 TON $54.50 ASPHALT Greeley, CO 80631 403.00 (GRADING-SX) SOUTH (ASPHALT)(100) (PG -64-22) (20 6395 Pecos Street 0 TON $47.75 % RAP) Denver, CO 80221 HOT MIX NORTH 925 N.35"Ave ASPHALT 51,000 TON $53.00 $2,703,000.00 403.00 (GRADING -S) Greeley, CO 80631 (ASPHALT)(100) SOUTH (PG -64-22) (20% 0 TON $45.65 6395 Pecos Street RAP) Denver, CO 80221 HOT MIX NORTH 925 N.35th Ave ASPHALT 12,400 TON $63.50 $787,400.00 (GRADING-SX) Greeley, CO 80631 403.00 (ASPHALT)(100) SOUTH 6395 Pecos Street (PG -64-28) (20% RAP) 0 TON $52.75 Denver, CO 80221 NORTH 925 N.35th Ave WARM MIX 0 TON $56.00 ASPHALT Greeley, CO 80631 403.00 (GRADING -S) SOUTH (ASPHALT)(100) (PG 64-22) 0 6395 Pecos Street TON $48.65 (20% RAP) Denver, CO 80221 EMULSIFIED NORTH ASPHALT ONLY 925 N.35'h Ave 401.00 (CSS-1 H) 40,000 GALLON $3.90 $156,000.00 (TACK COAT) Greeley, CO 80631 $3,646,400.00 Exhibit A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE • �; (with options for 2021/2022) February 2020 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B2000069 Exhibit A TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2019 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control material supply for this project. INVITATION TO BID BIDDING REQUIREMENTS 3 Instruction to Bidders 3-8 Insurance Requirements 8-10 General Specification 11-12 Bid Proposal (Bid Schedule) 13 Bid Submittal Checklist and Signature Page 14 Receipt of Addenda 15 Bid Bond (Example) 16-17 Anti -Collusion Affidavit 18 Statement of Qualifications and Subcontractors 19-22 CONTRACT FORMS Supply Bond (Example) 23 Sample Contract (attached) PROJECT SPECIAL PROVISIONS Index 24 Revision of Section 104, Scope of Work 25 Revision of Section 105, Claims for Contract Adjustment 26 Revision of Section 105, Conformity to the Contract of Hot Mix Asphalt 27 Revision of Section 106, Control of Material 27 Revision of Section 403, Hot Mix Asphalt 28-29 Revision of Section 702, Bituminous Materials 30 BID NO # B2000069 2 P a g e Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: FEBRUARY 7, 2020 BID NUMBER: #B2000069 DESCRIPTION: HOT & WARM MIX ASPHALT SUPPLY 2020 DEPARTMENT: PUBLIC WORKS BID OPENING DATE: FEBRUARY 20, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: HOT & WARM MIX ASPHALT SUPPLY 2020 (with possible 2, 1-yr renewals) Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150O Street Room #107 Greeley CO 80631 until: February 20, 2020 C 10:30 am. (Weld County Purchasing Time Clock). PAGES 3-10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 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 everyway, be the total net price which the bidderwill expect the Weld County to pay if awarded the bid. You can find information concerning this request a website at https://www.weldgov.com/departments/K the Bidnet Direct website at www.bidnetdirect.com. BidNet Direct is an on-line notification system which governmental entities. Participating entities post their one centralized system. Bid Delivery to Weld County — 2 methods: two locations: On the Weld County Purchasing )urchasing located under "Current Requests". And, on Weld County Government is a member of BidNet Direct. is being utilized by multiple non-profit and bids, quotes, proposals, addendums, and awards on this 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid" An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions. BID NO # B2000069 3 I P a g e Exhibit A 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. 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 BID NO # B2000069 4 I P a g e work under this Agreement or enter into a contras 1{k ubcontractor 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. 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 BID NO # B2000069 5 1 P a g e waiver, express or implied, of any of the immuniti&nits, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood enforcement of the terms and conditions of the contract, and all rights of action shall be strictly reserved to the undersigned parties and nothing in the contract or right of action whatsoever by any other person not included in the contract. the undersigned parties that any entity other than the undersigned parties rece under the contract shall be an incidental beneficiary only. and agreed that the relating to such enforcement, shall give or allow any claim It is the express intention of lying services or benefits 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 BID NO # B2000069 6 1 P a g e material breach of the terms of the Agreement. Exhibit A M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids 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. BID NO # B2000069 7 I P a g e Q. Interruptions: Neither party to this Agreerii be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. 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 BID NO # B2000069 8 P a g e notice shall be sent thirty (30) days prior to such ca 681 1& or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall 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 BID NO # B2000069 9 1 P a g e Exhibit A Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO # B2000069 10 1 P a g e PURPOSE: Exhibit A Weld County is soliciting bids to supply Weld County with Hot and Warm Mix Asphalt for 2020. More than one vendor may be selected for this contract. General Conditions and Specifications: 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their mixing plant. 3. Weld County will pick up all materials from the vendor's plant on an as -needed basis. The vendor will load and scale all materials at the plant. 4. Bids on materials shall be good through April 1, 2021, with the ability to renegotiate unit prices at the end of each calendar year. 5. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. Project job location list supplied upon request. 6. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. Also, all tickets must have Mix Design and Weld County Material Code printed on them or no payment will be made. 7. The Contractor shall submit on demand, two job mix formulas for testing and approval. CDOT job mix formulas based on the materials to be used are acceptable. 8. Bidders must have storage for the emulsified asphalt and liquid asphalt. Bidder(s) must be able to provide Weld County with precut and preheated liquid asphalt. 9. Weld County will notify the successful bidder(s) twenty-four (24) hours in advance of any asphalt supply needs. 10. The bidder awarded the Hot Mix Asphalt Bid will be required to supply as much as 300 ton per hour to Weld County when requested. In the event where a contractor cannot supply material needed Weld County will use other vendors. The contractor will pay the added cost if the other supplier has a higher price. The contractor will also be responsible for additional hauling costs. 11. Weld County requires that hot mix asphalt be supplied from the first of March to the end of November, weather permitting. 12. The "special provisions" on pages 24 through 29 apply to this request and shall be adhered to. 13. Bids shall be submitted based upon anticipated 2020 supply quantities outlined on page 13. 14. The successful vendor shall execute a supply bond for their awarded materials. 15. The specification for Hot and Warm mix asphalt shall be in accordance with the most recent Colorado Department of Transportation, Standard Specification for Road and Bridge Construction and Field Material Manual, unless otherwise stipulated in this document. Reference to the division shall mean Weld County and all documentation required will be handled through the Public Works Department. BID NO # B2000069 11 1 > u o a Exhibit A Weld County Contact Questions related to the project and procedures should be directed to: Neal Bowers Weld County Public Works 970.400-3744 nbowers@weldgov.com Terms and Conditions All Vendors will be required to sign Weld County's Materials Agreement. A sample Agreement is attached to this document. The Materials Agreement shall commence approximately March 2020 and continue in full force and effect for one year. At the option of the County, the Materials Agreement may be extended for up to two (2) additional years. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index (Paving, PG 58 per ton Denver) to measure the percent of increase from year to year to justify increases in cost. Price adjustments will not be implemented without final approval from Weld County. The Contract may be used at the option of other Weld County Departments. BID NO # B2000069 12 1 P a g e Exhibit A BID SCHEDULE (based on estimated 2020 quantities) ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION. HOT MIX NORTH ASPHALT 1,000 TON (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 1,000 TON (20 % RAP) HOT MIX NORTH ASPHALT 51,000 TON (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 43,750 TON (20% RAP) HOT MIX NORTH ASPHALT 18,500 TON (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH (PG -64-28) 17,000 TON (20% RAP) NORTH WARM MIX 1,000 TON ASPHALT (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG 64-22) 1,000 TON (20% RAP) EMULSIFIED NORTH ASPHALT ONLY 401.00 (CSS-1 H) 40,000 GALLON (TACK COAT) BID NO # B2000069 13 1 P a g e Exhibit A Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ Bid Schedule/Summary (page 13) ❑ Signature page (page 14) ❑ Receipt of addenda(s), if any, should be signed. (page 15) ❑ Bid Bond (Page 16-17) ❑ Anti -Collusion Affidavit. (page 18) ❑ Statement of Qualification (must be signed and notarized) (pages 19-22) 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. #B2000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL TAX ID # WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID NO # B2000069 14 1 P a g e (See Attached Sheet) The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Addendum No Addendum No. Date: Date: Date: By: By: so Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this FIRM NAME TITLE: day of BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: , 20 BID NO # B2000069 15 ( P a g e Hot & Warm Mix Asphalt Supply 2020 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 20, 2020, for the Hot & Warm Mix Asphalt Supply 2020 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this_ day of , 2020, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety Address ATTEST: By: BID NO#B2000069 161 Page Exhibit A INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B2000069 17 1 P a g e Exhibit A COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ANTI -COLLUSION AFFIDAVIT LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1 The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high. noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Coniacto.s firm d c .npary name By Dale TMe 2nd oontrador's firm p company nan». (if tent venture. ) By Data T,ae Sworn to before me this day of, 19 Notary PuMc My co'nm.aion expvea NOTE: This document must be signed In ink. BID NO # B2000069 18 1 P a g e Exhibit A STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Name of Bidder(Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2000069 19 1 P a g e Exhibit A 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Owner's Representative: Completion Date: Project Name: BID NO # B2000069 Supt: Phone: Contract Amount: 20 I P a g e Location: Owner's Representative: Completion Date: Project Name: Location: Owner's Representative: Completion Date: Exhibit A Supt: Phone: Contract Amount: Supt: Phone: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO # B2000069 211 P a g e The undersigned hereby swears and affirn %i t e information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2020 Bidder: Company By: Name: (Please Type) Title: NOTARY County of ss. State of being duly sworn, deposes and says that he is of (Title) (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2020. (SEAL) Commission Expires Notary Public BID NO # B2000069 22 1 P a g e SAMPLE SUPPLY CO tRM BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the day of .20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title) Attach valid Corporate Power of Attorney Form (Witness) BID NO # B2000069 23 ( P a g e INDEX Exhibit A PROJECT SPECIAL PROVISIONS Index 24 Revision of Section 104, Scope of Work 25 Revision of Section 105, Claims for Contract Adjustment 26 Revision of Section 105, Conformity to the Contract 27 Revision of Section 106, Control of Material 27 Revision of Section 403, Hot Mix Asphalt 28-29 Revision of Section 702, Bituminous Materials 30 The specifications for material supply shall be in accordance with the most recent Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction and CDOT Field Materials Manual, unless otherwise stipulated in this document. The super pave mix design procedure should be run at a minimum 100 gyrations of compactive effort. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Section 105.04 Conformity to the contract of Superpave Performance Graded Binders... Section 105.05 Conformity to the Contract of Hot Mix Asphalt Section 105.09 Coordination of Plans, Specification, Supplemental Specification and Special Provisions Section 105.10 Cooperation by contractor Section 105.22 Dispute Resolution ......................... Section 106.01 Source of Supply and Quality Requirements ......................... Section 106.02 Material Sources ......................... Section 106.03 Samples, Tests, Cited Specifications ......................... Section 106.04 Qualification of Testing Personnel and Laboratories Section 106.05 Sampling and Testing of Hot Mix Asphalt Section 106.07 Material Inspections at Plant ......................... Section 106.08 Storage Materials ......................... Section 106.09 Hauling Materials ......................... Section 107.01 Laws to be Observed ......................... Section 109.01 Measurement of Quantities ......................... Section 401.01 Description (Plant Mix Pavements) ......................... Section 401.02 Composition of Mixtures ......................... Section 401.03 Aggregates ......................... Section 401.04 Mineral Filler ......................... Section 401.05 Hydrated Lime ......................... Section 401.06 Asphalt Cements ......................... Section 401.08 Asphalt Mixing Plant ......................... Section 401.09 Hauling Equipment ......................... Section 401.13 Preparation of Asphalt Cements ......................... Section 401.14 Preparation of Aggregates ......................... Section 401.15 Mixing ......................... Section 401.21 Method of Measurement ......................... Section 702.01 Asphalt Cement ......................... Section 703.04 Aggregate for Hot Mix Asphalt ......................... BID NO # B2000069 24 1 P a g e Section 703.06 Mineral Filler Exhibit A Section 712.03 Hydrated Lime REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.2-(c) shall be revised as follows: Delete 2"d paragraph starting with "If the alterations" to 3th paragraph subsection . and revise with Approximate quantities to be purchased from all vendors are stated for 2020. Estimated quantities are provided for 2021 through 2022. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2020 through 2021. Weld County reserves the right to increase or decrease the quantities up to twenty-five percent (25%) of the total bid as best fits its needs. BID NO # B2000069 25 1 P a g e Exhibit A REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.17 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Neal Bowers, Pavement Management Supervisor Project Engineer: Don Dunker, P.E., County Engineer Project Inspector: Josh Holbrook, Inspection Supervisor BID NO # B2000069 26 ( P a g e Exhibit A REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF HOT & WARM MIX ASPHALT Section 105.05 of the Standard Specifications shall include the following: No incentive payment will be made under this Contract. No disincentive payments will be made under this Contract. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.05 (b) of the Standard Specifications shall include the following: Samples for project acceptance testing shall be taken on grade from windrow. Samples for project acceptance testing shall be taken by the Contractor. If the Contractor is not on site at the time a sample needs to be taken a Weld County employee will take the sample. Section 106.5 (g.3) of the standard Specifications shall include the following: In the event where a contractor's production is suspended due to Condition red, Weld County will use another vendor/contractor during the suspended time frame. The Contractor will pay the added cost if the other supplier(s) has a higher price per ton and will also be responsible for additional hauling cost. BID NO # B2000069 27 ( P a g e Exhibit A REVISION OF SECTION 403 HOT & WARM MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-28) Warm Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item and Warm Mix Asphalt will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Weld County will establish the production asphalt cement and volumetric targets based on the vendors mix design and the relationships shown between the hot mix asphalt mixture volumetric properties and asphalt cement contents on the Form 429. Weld County may select a different AC content other than the one shown at optimum on the vendors mix design in order to establish the production targets as contained on the Form 43. Historically, Air Voids adjustments typically result in asphalt cement increases from 0.1 to 0.5 percent. Contractors bidding the project should anticipate this change and factor it into their unit price bid. BID NO # B2000069 28 1 P a g e fAP -2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1Y2) 11.6 11.7 11.8 N/A 25.0(1) 12.6 12.7 12.8 19.0 (%) 13.6 13.7 13.8 12.5 (%z) 14.6 14.7 14.8 9.5 (3/) 15.6 15.7 15.8 4.75 (No.4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. Approved Warm Mix Asphalt (WMA) may be allowed on this project in accordance with CP 59. Unique requirements for WMA design, production and acceptance testing as documented during Weld County WMA approval shall be submitted and approved prior to creation of the Form 43 and before any WMA production on the project. BID NO # B2000069 29(Page P a g e REVISIOI�tg'CTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-Ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO 58-28 58-34 64-22 64-28 70-28 76-28 Test No. Original Binder Properties 230 230 230 230 230 230 T 48 Flash Point Temp., °C, minimum 3 3 3 3 3 3 T 316 Viscosity at 135 °C, Pa -s, maximum Dynamic shear, Temp. °C, Where G*/Sin b @ 10 rad/s 58 58 64 64 70 76 T 315 ≥1.00 kPa - _ _ _ _ _ _ Ductility, 4 °C (5 cm/min.), cm minimum - - Pass - - Pass - - Pass - - Pass - - Pass - - Pass - CP-L 2214 Toughness, joules inch-Ibs Tenacity,, joules (inch-lbs) Acid or Alkali Modification ass -fail RTFO Residue Properties 1.00 1.00 1.00 1.00 1.00 1.00 CP-L 2215 Mass Loss, percent maximum Dynamic Shear, Temp. °C, where G* -Sin 6 @ 10 rad/s 58 58 64 64 70 76 T 315 ≥ 2.20 kPa - - - - 50 50 T 301 Elastic Recovery, 25 °C, percent min. _ _ _ _ _ _ _ Ductility, 4 °C (5 cm/min.), cm minimum PAV residue Properties, R 28 aging Temperature 100 °C Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s 19 16 25 22 25 28 T 315 s 5000 kPa Creep Stiffness, @ 60 s, test -18 -24 -12 -18 -18 -18 T 315 Temperature in °C S, Maximum, MPa 300 300 300 300 300 300 T 313 rn-vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 ** direct tension, temperature in °C, @ 1 mm/mina, where -18 -24 -12 -18 -18 -18 T 314 failure strain ≥ 1.0°l0 ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID NO # B2000069 30 1 P a g e Exhibit B BID SCHEDULE (based on estimated 2020 quantities) ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION HOT MIX NORTH ASPHALT 1,000 TON $54.50 $54,500.00 925 N. 35th Ave Greeley, CO 80631 (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 1,000 TON $47.75 $47,750.00 6395 Pecos Street (20 % RAP) Denver, CO 80221 HOT MIX NORTH ASPHALT 51,000 TON $53.00 $2,703,000.00 Gee N.Co Ave631 (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) (20% RAP) 43,750 TON $45.65 $1,997,187.50 Pecos Street Denvv er, CO 80221 Denver, HOT MIX NORTH ASPHALT 18,500 TON $63.50 $1,174,750.00 925 N. 35th Ave Greeley, CO 80631 (GRADING-SX) 403.00 (ASPHALT)(1 00) SOUTH (PG -64-28) (20% RAP) 17,000 TON . $5275 $896,750.00 6395 Pecos Street Denver, CO 80221 NORTH WARM MIX 1,000 TON $56.00 $56,000.00 35th Ave ASPHALT Greell ey, CO 80631 Greeley, (GRADING -S) 403.00 (ASPHALT)(1 00) SOUTH (PG 64-22) 1,000 TON $48.65 $48,650.00 6395 Pecos Street (20% RAP) Denver, CO 80221 EMULSIFIED NORTH 401.00 ASPHALT (CSS-1 H) ONLY 40,000 GALLON $3.90 $156,000.00 925 N. 35th Ave Greeley, CO 80631 (TACK COAT) BID NO # B2000069 13 1 P a g e Exhibit B Bid Opening Checklist: All of the following aaaes must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ Bid Schedule/Summary (page 13) ❑ Signature page (page 14) ❑ Receipt of addenda(s), If any, should be signed. (page 15) ❑ Bid Bond (Page 16-17) ❑ Anti -Collusion Affidavit. (page 18) ❑ Statement of Qualification (must be signed and notarized) (pages 19-22) 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. #B2000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Martin Marietta Materials, Inc. BUSINESS ADDRESS 1800 N. Taft Hill Road CITY, STATE, ZIP CODE Fort Collins, CO 80521 TELEPHONE NO (970) 407-3678 PRINTED NAME AND SIGNATURE FAX (970) 407-3900 TAX ID # 56-1848578 Yoch - Vice President E-MAIL jerimy.runner@martinmarietta.com DATE oZ f 2o/2Aa WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE*" BID NO # 82000069 14 1 P a g e Exhibit B RECEIPT OF ADDENDA (See Attached Sheet) Hot & Warm Mix Asphalt Supply 2020 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: Addendum No. Date: Addendum No. Date: By: By: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of bry�,n„ , 202i FIRM NAME: Martin Marietta Materials, Inc. BY: Ryan Yoch TITLE: Vice President BIDDER'S LEGAL SIGNATURE:________________________________________ STATE OF INCORPORATION: North Carolina ADDRESS: 1800 N. Taft Hill Road, Fort Collins, CO 80521 TELEPHONE NO: (970) 407-3678 FAX NO: (970) 407-3900 ATTEST: BID NO # B2000069 15 ( P a g e Exhibit B J BID BOND Hot & Warm Mix qs KNOW ALL MEN BY halt Su 1 2020 and THESE PRESENTS, that hereby ins ce om n M of 710 ffRd R ' held and firmly bound unto Weld of 175 st Boston Mao211s 2 C Itas Principal, of s�ve<► Fa,r iiondred mood County, Colorado (hereinafter caned the "pwner") in aseSurety States ofAmerica, for the payment Dollars , are executors, administrators, successors and a sum ($7 �'penal sum well and truly to be made, blawful money of the United assigns jointly and several) totnd theSe presents our heirs, THE CONDITION OF THIS pBLIGATipN !S SUCH, that whereas y, firmly THE ng Bid dated FebruaPitted th accompanyingry 20, 2020, for the Hot & the Principal has submitted the Bid. Warm Mix As alt Su 12020 as set out in the WHEREAS, the Owner has required as a condition for receiving Owner either a certified check las to not less than lieu thereof furnish ia Bid Bond foreq said amount conditions said Bid (5%) tha oft the principal deposit with the five ch thatthevent the amount of said Bid or e proposed Contract for such construction if the Contract is to be aw awarded the of failure to execute immediately to the Owner as liquidated damages and arded to him, that said sum be the NOW THEREFORE not as a penalty for the Paid RE, If the principal shall, within the P+Yncipal's failure to perform. A. On the attached prescribed forms period specified therefore; Ownerinaccordance presented to him for signature, enter into a written Con with his Bid as accepted, and give a Performance Bond with o sureties, as may be required upon the forms tract with the the proper fulfillment of said Contract, or Prescribed by the Owner for good and sufficient B. Withdraw said Bid within the time Specified, the faithful pertormance and Pay to the Owner the sum determined upon herein,a r obligation shall e void and odetermined effect, othpon herseein s liquidated dams to remain in full force and effecges and t as a penalty, then this IN WITNESS Wl-iEREOF, the above parties have executed this day of F instrument under their several seals ' hereto affixed and . 2020, the name and corporate sea, of each corporate these presents duly signed by this governing board, its undersigned representative pay being Princi al pursuant to authority of its P Matfin Marietta lnc. Address ATTEST: BY:.4j_ ---. \ Norlh Cardina 27so7 ^'may W iCfBf�SC±101a l 8�t By: roe reap ant and reasu Surety 11/frA ►t...� ATTEST: Address B Mee6 Penns aria 19462 8Y BID NO # 82000069 4%be�m.GoJP, qqo ey-In (1) incorporated in the State of North Carolina (2) incorporated in the State of Massachusetts 16 1 P a 8 e 0 0 iw I I=vhihit Pt ACOR/7� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/1212020 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 endorsements). PRODUCER Marsh USA Inc. 100 North Tryon Street, Suite 3600 Charlotte, NC 28202 CONTACT PHONE1 FAX 'MAIL ADDRESS. Attn: CA NON-RESIDENT NO, O822889 INSURER(S) AFFORDING COVERAGE NAIC B INSURER A: ACE American Insurance Company 22667 CN102458548-1.MMM-GAWX-19-20 RM201 INSURED Martin Marietta Materials, Inc. Attn: Todd Crump INSURER B :. Indemnity Ins Co Of North America 43575 INSURER C: ACE Property And Casualty Ins Co 20699 INSURER D: 2710 Wycliff Road PO Box 30013 Raleigh. NC 27622 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-005034145-01 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. IR LT LTR +(551 TYPE OF INSURANCE eVI POLICY NUMBER POLICY ERF M`ID IYYYY POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG71448368 09130/2019 09/3012020 EACH OCCURRENCE $ 3,000,000 CLAIMS -MADE L .. OCCUR DAMAGE TO RENTED PREMISES occ r ence $ 50,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRO_ POLICY a PRO LOC PRODUCTS-COMP/OPAGG $ 6,000,000 $ OTHER: A AUTOMOBILE LIABILITY ISAH25285992 09/30/2019 09/3012020 INED t1SINGLE LIMIT $ 5,000,000 BODILY INJURY (Per person) $ ANY AUTO IX OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY(Per BODILY INJURY (Per accident) $ PROPERTY DAMAGE t $ X UMBRELLALIAB X OCCUR 628167581004 09/30/2019 09/30/2020 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFIC RM MB REXCLUDEANYPROPRIETORJPARTNERID?LJ ECUTIVE (Mandatory in NH) N/A WLRC66042078 (AOS) WLRC6604211A (CA) C9/30/ 019 0 09/3012020 X PER OTH- TOTE ER E.L EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Hot & Warm Mix Asphalt Supply 2020 Weld County is/are additional insured under General Liability (including ongoing and completed ops) and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General Liability and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies, General liability and auto liability insurance apply on a primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. HULUbF( Weld County PO Box 758 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 of Marsh USA Inc. Annette Stefani © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Exhibit B Request for Taxpayer Give Form to the Form (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to wwwirs.gov/FormW9 for Instructions and the latest Information. I Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Martin Marietta Materials. Inc. 2 Business name /disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the rn following seven boxes. ❑ Individual/sole proprietor or Q C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entitles, not individuals; see Instructions on page 3): Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classftkatlon of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is code (if any) another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. U Other (see Instructions) ► 5 Address (number, street, and apt. or 1800 N. Taft Hill Road 8 City, state, and ZIP code jOpph. So .coo unlzm.lnt.ln.d ooWd. rh. U.S.) name and address (optlonap Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a m resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later, For other —- entities, It is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and Employer Identification nurn Number To Give the Requester for guidelines on whose number to enter. 5 6 - 1 8 4 8 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. Jrtirr I Signature of Here I U.S. person ► Date ► e1 0 3 2o2p General In Section references are to th&t'ntemal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.lrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (FIN) which may be your social security number (SSN), individual taxpayer identification number TIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Exhibit B I COLORADO DEPARTMENT OF TRANSPORTATION prtOJ@C7 NO B2000069 ANTI -COLLUSION AFFIDAVIT I LOCATION Weld County, Colorado I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, If not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1, The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have boon disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who Is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who Is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any Intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an Intentionally high. noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for en agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high. noncompetitive or other form of complementary bid or agreeing or promising to do so on this project, 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent Inquiry of all members, officers, employees. and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct Inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract, I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Cu V.0ora rdm u1 i mpany umm� i ey paid Martin Marietta Materials, Inc. Ryan Yoch - Vice President zno amuaao, a Mm or oanpany name p1 pm wnNru.{ By o. Ypu Sworn to before me this ZD day of, Se.brr✓a- 49- ZOZ6 Nom a Sarah E. Public Mr Cm, seen naP✓e5 J 14 2 State of Colorado NOTE: This document must be signed In Ink. Notary ID 201641022659 BID NO # B2000069 18 1 P a g e Exhibit B STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 2/24I2D2O All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Name of Bidder(Company or Firm). Martin Marietta Materials, Inc. 2. Permanent main office address: 1800 N. Taft Hill Road, Fort Collins, Co 80521 Phone Number: (970) 407-3615 Fax Number: (970) 407-3900 3. 4. 5. Year Company was organized: 1993 Number of years this Company has been engaged similar construction: 80+ under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: City of Greeley Overlay - 12/20/2020 Completion $_7.9 million City of Fort Collins Overlay - 10/15/2020 Completion City of Fort Morgan Overlay - 09/01/2020 Completion $ 5.9 million 2 million 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N/A 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A BID NO # B2000069 19 1 Page Exhibit B 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. N/A 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. N/A 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. N/A 11. Describe all contracts that the Company failed to complete. N/A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. N/A 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name:2019 City of Greeley Overlay Location: Greeley, Colorado Supt: David King Owner's Representative: Pat Hill Phone: (970) 350-9870 Completion Date: 11/20/2019 Contract Amount: $5.7 million Project Name: 2019 City of Fort Collins Overlay BID NO # 82000069 20 1 P a g e Exhibit B Location: Fort Collins, Colorado Owner's Representative: Mike Knox Supt: Phone: (720) 935-3994 Completion Date: 10/15/2019 Contract Amount: $5 million Project Name: 2019 Fort Morgan Overlay Location: Fort Morgan, Colorado Supt: David King Owner's Representative: Steve Glammeyer Phone: (970) 542-3901 Completion Date: 10/23/2019 Contract Amount: $2.5 million 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK N/A 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE Kenneth R. Ball General Manager 20+ Years Jerimy A. Runner Operations Manager 20+ Years Kenneth Schaffer Plant Manager 25+ Years 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. N/A BID NO # 82000069 211 P a g e Exhibit B The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 20TM day of 1bt z .r'y , 2020. Bidder: Martin Marietta Materials, Inc. Co any By: Name: Ryan Yoch (Please Type) Title: Vice President NOTARY County of Weld ) ss. State of Colorado Ryan Yoch deposes and says that he is Vice President (Title) being duly sworn, of Martin Marietta Materials, Inc. (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of fbt-ugi , 2020. Sarah E. Glaser Notary Public State of Colorado Notary ID 20164022659 My Commission Expires June 14, 2020 (SEAL) Je 14, LOZ0 Commission Expires Notary Public BID NO # B2000069 22 1 P a g e New Contract Request Entity Information Entity Name* Entity 1O1 ❑ New Entity? MARTIN MARIETTA MATERIALS INC @00031274 Contract Name * Contract ID Parent Contract ID 2020 HOT & WARM MIX ASPHALT SUPPLY NORTH COUNTY 3478 Contract Status Contract Leads Requires Board Approval CTB REVIEW NBOWERS YES Contract Lead Email Department Project # nbowers c@co.weld_co us Contract Description* 2020 HOT & WARM MIX ASPHALT SUPPLY NORTH COUNTY BID #B2000060 WITH THE POSSIBLE TWO, ONE-YEAR RENEWALS Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 03,211'2020 03/26!2020 Amount'* Department Email $3,646,400.00 CM- Will a work session with BOCC be required?* PublicWorksa7weldgov.com NO Renewable* YES Department Head Email Does Contract require Purchasing Dept_ to be included? CM-PublicWorks- Automatic Renewal DeptHead eldgov.corn County Attorney Grant BOB CHOATE County Attorney Email ICA BCHOATE@CO..WELD.CO.US if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Review Date * 01/04/2021 Committed Delivery Date Renewal Date* 04101/2021 Expiration Date Contact Information Contact Info Contact Name Contact Type Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 0312012020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0313012020 Originator NBOWERS Submit Contact Email Purchasing Approved Date Finance Approver BARB CONNOLLY Finance Approved Date 03/23/2020 Tyler Ref # AG 033020 Contact Phone 1 Contact Phone 2 Legal Counsel BOB CHOATE Legal Counsel Approved Date 0312312020 NOTICE OF AWARD Hot And Warm Mix Asphalt Supply 2020 (South County) To: Aggregate Industries WCR Inc. 1687 Cole Blvd. # 300 Golden, CO 80401 Project Description: (South County & Part of North County) Hot & Warm Mix Asphalt Supply 20201 "South County" The contract, Hot & Warm Mix Asphalt Supply 2020, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 3,130,071.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 9 day of March , 2020 Weld County, Colorado, Owner By uJ /!)- Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by, (Contractor) Dated this / f " day of /L ti ,20 ? _ c Title: f OZ0�-0- O4 67 BID SCHEDULE (based on estimated 2020 quantities) ITEM N ITEM QUANTITY rniff BIDPRICE CONTRACT PRICE PLANT LOCATION PER UNIT HOT MIX NORTH Longmont ASPHALT 0 TON $44.89 (GRADING-SX) Dahlia 403.00 (ASPHALT)(100) (PG -64-22) SOUTH Longmont TON $44.89 (20 % RAP) 0 Dahlia HOT MIX NORTH Longmont ASPHALT 0 TON $44.40 403.00 (GRADING -S) Dahlia (ASPHALT)(1 00) SOUTH (PG -64-22) 43,750 TON $44.40 $1,942,500.00 Longmont (20% RAP) Dahlia HOT MIX NORTH Longmont ASPHALT 6,100 TON $51.41 $313,601.00 (GRADING-SX) Dahlia 403.00 (ASPHALT)(100) SOUTH Longmont (PG -64-28) 17,000 TON $51.41 $873,970.00 (20% RAP) Dahlia NORTH Longmont WARM MIX 0 TON $45.77 ASPHALT Dahlia (GRADING —S) 403.00 (ASPHALT)(100) SOUTH (PG 64-22) 0 Longmont TON $45.77 (20% RAP) Dahlia EMULSIFIED ASPHALT NORTH 401.00 ONLY GALLON N/A N/A (CSS-1 H) (TACK COAT) 0 $3,130,071.00 WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & AGGREGATE INDUSTRIES INC.-WCR THIS AGREEMENT is made and entered into this 9 day of March, 2020, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Aggregate Industries Inc.-WCR, who whose address is 1687 Cole Blvd. Ste.300 Golden, CO 80401, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt Supply 2020. (South County) with the possible two, one year renewals. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000069". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit B which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may Apao-a/V57 result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A & B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. S. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item of equipment or its assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, ::::::......... ,.:.:;ud of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. 8. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $3,130,071.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwithreturn such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. In addition to the foregoing warranties, The Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the materials or equipment. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 14. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 15. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified ofany reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem,necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims - made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 17. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 18. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 19. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 20. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Aggregate Industries Inc. WCR Attn.: Sales Representative, Nathan Thompson Address: 1687 Cole Blvd. #300 Address: Golden, CO 80401 E-mail: Nathan.thompson @aggregate-us.com Facsimile :303-980-0038 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Neal Bowers Position: Pavement Management Supervisor Address: 1111 H Street Address: Greeley, CO 80632 E-mail: nbowers@weldgov.com Facsimile: 970-304-6497 21. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 22. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 23. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 25. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 28. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Attorneys Fees/Le2al Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of ("ck .202.0. CONTRACTOR: By: - Date J5l / E lam. fI Name: /t 1l, --1 .L, Title: /C, WELD COUNTY: C� ATTEST: W•'vk Weld onr BY: Deputy Clerk to the to BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair MAR 2 3 2020 ,Z�0zo- �7 Bond No. 30087902 SAMPLE SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here Insert full name and address or legal title of Supplier) """"Aggregate Industries - WCR, Inc. 1687 Cole Blvd. Ste. 300 Golden, CO 80401 and as Surety, (hereinafter called Surety), ""Western Surety Company 151 N. Franklin Street (here insert full name and address or legal title of Surety) Chicago, IL 60606 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), In the just and full sum of Three Million One Hundred Thirty Thousand Seventy One and 00/100 Dollars ($3,130,071.00) (here insert full name and address or legal title of the Buyer) Weld County 1150 "O" Street Greeley, Colorado 80631 for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered Into a certain wrpittenp contract with the Buyer dated March 9 20Q_to furnish the following briefly described supplies:2oio/'South County#i'20000b$"�"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 thwth day of March , 20 2020 Aggregate Industries - WCR, Inc. (Principal) (Seal) Brenda Shuier Ge�er Hager (Witness)�c�` Western Surety Company 1 Q (Surety) Lwu44:wJo V'Y1/ (Title) ane,sa oming VDucz At h vaildlorp to Power of Attorney Form (Witne S) Lupe yler, Witness as to Surety Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa A Ward, Michael J Herrod, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Misty Wright, Amanda George, Naomi Harris -Thompson, Terri L Morrison, Erin M Dennison, Individually of Houston, TX, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 7th day of June, 2019. Er, WESTERN SURETY COMPANY ca M 40�PO gq'P�;i Av aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 7th day of June, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls. State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ESOUHDKOIA My commission expires �'�l/r7June 23, 2021 +� J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ay of W\4.X Gvi J 142 f0 WESTERN SURETY COMPANY c-' 22'/, J' r` L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner! Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. ACO ® CERTIFICATE OF LIABILITY INSURANCE DATE0(SMM/DDD 9YYY) 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 Aon Risk Services Southwest, Inc. Houston TX Office CONTACT PHONEFAX (800) 363-0105 (AIC. No. Ext): (866) 283-7122 AIC. No.): E-MAIL ADDRESS: 5555 San Felipe Suite 1500 INSURER(S) AFFORDING COVERAGE NAIL # Houston TX 77056 USA INSURED INSURER A Indemnity Insurance Co of North America 43575 HolCim Participations (us) Inc. INSURERB: ACE American Insurance company 22667 6211 Ann Arbor Rd Dundee MI 48131 USA INSURER C: ACE Fire Underwriters Insurance Co. 20702 INSURERD: American Guarantee & Liability Ins Co 26247 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570078407402 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY' )MMIODIYYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY HDOG EACH OCCURRENCE $2,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TO PREMISES Ea occurrence) $2,000,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY ❑ PRO ❑ LOC JECT PRODUCTS- COMPIOP AGO $4,000,000 OTHER: B AUTOMOBILE LIABILITY I5AH25289432 19-20 Auto (ADS) 10/01/201910/01/2020 COMBINED SINGLE LIMIT Ea accident $5,000,000 B X ANY AUTO ISAH25289390 10/01/2019 10/01/2020 BODILY INJURY( Per person) BODILY INJURY(Per accident) - OWNED r1SCHEDULED 19-20 Auto (NH only) - AUTOS ONLY I IAUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY SIR applies per policy ter s & condi ions PROPERTY DAMAGE (Per accident D X UMBRELLALIAB I X I OCCUR AUC014440103 10/01/2019 10/01/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED RETENTION A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBEREXCLUDED? � (Mandatory in NH) NIA WLRc65890975 19-20 WC (AOS) WLRC65891013 19-20 WC (AZ, MA) 10/01/2019 10/01/2019 10/01/2020 10/01/2020 X I I PER 0TH - E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000, 000 B Excess Auto Lia XSAH2528947A 10/01/2019 10/01/2020 Aggregate $4,950,000 19-20 XS Auto (NH ONLY) SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) certificate Holder is included as Additional insured as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability and Auto Liability policy. A Waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, with respect to the GL, AL and workers compensation policy. General Liability evidenced herein is Primary and Non-contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld county I AUTHORIZED REPRESENTATIVE 1150 "D" St. Greeley CO 80631 USA N 0 0 0 0 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC #: ,4 �® ADDITIONAL REMARKS SCHEDULE Page — of _ AGENCY Aon Risk Services southwest, Inc. NAMED INSURED Holcim Participations (us) Inc. POLICY NUMBER see certificate Number: 570078407402 CARRIER see certificate Number: 570078407402 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUER wVD POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD LIMITS WORKERS COMPENSATION C N/A SCFC65891050 19-20 WC Retro (WI) 10/01/2019 10/01/2020 OTHER B Excess WC wCUC65891098 XS WC (MI,OH,OK,SC,WA) SIR applies per policy to 10/01/2019 ms & conditi 10/01/2020 ns EL Each Accident $1,000,000 EL Disease - Policy $1,000,000 EL Disease - Ea Empl $1,000,000 ACORD 101 (2008101) 8/2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC #: ACORO® ADDITIONAL REMARKS SCHEDULE Page — of _ AGENCY Aon Risk Services southwest, Inc. NAMED INSURED Holcim Participations (US) Inc. POLICY NUMBER See Certificate Number: 570078407402 CARRIER see Certificate Number: 570078407402 NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insureds Holcim Participations (US) Inc. Aggregate Industries Management, Inc. international Atlantins Insurance Company Holcim (US) Inc LaFargeHolcim Finance US LLC AI Northeast Region Inc Bardon Inc Tiger Minimix Inc Lattimore Materials Corp Tarrant Concrete Company, Inc Al SWR Inc AI WCR Inc Tiger Delivery LLC AI Land Co Lordstown Construction Recovery LLC Redland Quarries NY Inc. Lafarge Aggregates Illinois Inc. Fredonia valley Railroad Inc. Al Midwest Region Inc Meyer Material Company LLC Kost Inc GeoCycle LLC systech Environmental Corporation Lafarge PNW Inc. Nautilus Holding Company American Transport Leasing Inc. Cement Transport Ltd Surplus Items Inc Thorsteinburg Materials Co Inc The ACORD name and logo are registered marks of ACORD NOTICE OF AWARD Hot And Warm Mix Asphalt Supply 2020 (South County) To: Aggregate Industries WCR Inc. 1687 Cole Blvd. # 300 Golden, CO 80401 Project Description: (South County & Part of North County) Hot & Warm Mix Asphalt Supply 2020 / "South County" The contract, Hot & Warm Mix Asphalt Supply 2020, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $_3,130,071.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 9 day of March , 2020 Weld County, Colorado, Owner By Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by, (Contractor) Dated this day of , 20 By: Title: Exhibit A WELD COUNTY CONTRACT BID DOCUMENTS SPECIFICATIONS FOR THE (with options for 2021/2022) February 2020 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B2000069 1 1 P a g e Exhibit A TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2019 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control material supply for this project. INVITATION TO BID 3 u] l. [titi *11.11 .iti lvi. I=1k,If. Instruction to Bidders 3-8 Insurance Requirements 8-10 General Specification 11-12 Bid Proposal (Bid Schedule) 13 Bid Submittal Checklist and Signature Page 14 Receipt of Addenda 15 Bid Bond (Example) 16-17 Anti -Collusion Affidavit 18 Statement of Qualifications and Subcontractors 19-22 • •- Supply Bond (Example) 23 Sample Contract (attached) PROJECT SPECIAL PROVISIONS Index 24 Revision of Section 104, Scope of Work 25 Revision of Section 105, Claims for Contract Adjustment 26 Revision of Section 105, Conformity to the Contract of Hot Mix Asphalt 27 Revision of Section 106, Control of Material 27 Revision of Section 403, Hot Mix Asphalt 28-29 Revision of Section 702, Bituminous Materials 30 BID NO # B2000069 2 1 P a g e Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: FEBRUARY 7, 2020 BID NUMBER: #B2000069 DESCRIPTION: HOT & WARM MIX ASPHALT SUPPLY 2020 DEPARTMENT: PUBLIC WORKS BID OPENING DATE: FEBRUARY 20, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: HOT & WARM MIX ASPHALT SUPPLY 2020 (with possible 2, 1-yr renewals) Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: February 20, 2020 W 10:30 am. (Weld County Purchasing Time Clock). PAGES 3-10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request a website at https://www.weldgov.com/departments/K the Bidnet Direct website at www.bidnetdirect.com. BidNet Direct is an on-line notification system which governmental entities. Participating entities post their one centralized system. Bid Delivery to Weld County — 2 methods: two locations: On the Weld County Purchasing )urchasing located under "Current Requests". And, on Weld County Government is a member of BidNet Direct. is being utilized by multiple non-profit and bids, quotes, proposals, addendums, and awards on this 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid" An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions. BID NO # B2000069 3 1 P a g e Exhibit A 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. 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 BID NO # B2000069 4 I P a g e work under this Agreement or enter into a contracFt�v�tit��tAubcontractor 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. 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 BID NO # B2000069 5 I P a g e waiver, express or implied, of any of the immunitiR.Y%&, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 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 BID NO#B2000069 61 Page material breach of the terms of the Agreement. Exhibit A M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids 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. BID NO # B2000069 7 1 P a g e Q. Interruptions: Neither party to this Agreerr WUI be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. 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 BID NO # B2000069 8 1 P a g e notice shall be sent thirty (30) days prior to such caPrt�+�ati�h or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall 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 BID NO # B2000069 9 I P a g e Exhibit A Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO # B2000069 10 1 Page PURPOSE: Exhibit A Weld County is soliciting bids to supply Weld County with Hot and Warm Mix Asphalt for 2020. More than one vendor may be selected for this contract. General Conditions and Specifications: 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their mixing plant. 3. Weld County will pick up all materials from the vendor's plant on an as -needed basis. The vendor will load and scale all materials at the plant. 4. Bids on materials shall be good through April 1, 2021, with the ability to renegotiate unit prices at the end of each calendar year. 5. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. Project job location list supplied upon request. 6. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. Also, all tickets must have Mix Design and Weld County Material Code printed on them or no payment will be made. 7. The Contractor shall submit on demand, two job mix formulas for testing and approval. CDOT job mix formulas based on the materials to be used are acceptable. 8. Bidders must have storage for the emulsified asphalt and liquid asphalt. Bidder(s) must be able to provide Weld County with precut and preheated liquid asphalt. 9. Weld County will notify the successful bidder(s) twenty-four (24) hours in advance of any asphalt supply needs. 10. The bidder awarded the Hot Mix Asphalt Bid will be required to supply as much as 300 ton per hour to Weld County when requested. In the event where a contractor cannot supply material needed Weld County will use other vendors. The contractor will pay the added cost if the other supplier has a higher price. The contractor will also be responsible for additional hauling costs. 11. Weld County requires that hot mix asphalt be supplied from the first of March to the end of November, weather permitting. 12. The "special provisions" on pages 24 through 29 apply to this request and shall be adhered to. 13. Bids shall be submitted based upon anticipated 2020 supply quantities outlined on page 13. 14. The successful vendor shall execute a supply bond for their awarded materials. 15. The specification for Hot and Warm mix asphalt shall be in accordance with the most recent Colorado Department of Transportation, Standard Specification for Road and Bridge Construction and Field Material Manual, unless otherwise stipulated in this document. Reference to the division shall mean Weld County and all documentation required will be handled through the Public Works Department. BID NO # B2000069 11 1 P a g e Exhibit A Weld County Contact Questions related to the project and procedures should be directed to: Neal Bowers Weld County Public Works 970.400-3744 nbowers@weldgov.com Terms and Conditions All Vendors will be required to sign Weld County's Materials Agreement. A sample Agreement is attached to this document. The Materials Agreement shall commence approximately March 2020 and continue in full force and effect for one year. At the option of the County, the Materials Agreement may be extended for up to two (2) additional years. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index (Paving, PG 58 per ton Denver) to measure the percent of increase from year to year to justify increases in cost. Price adjustments will not be implemented without final approval from Weld County. The Contract may be used at the option of other Weld County Departments. BID NO # B2000069 12 1 P a g e Exhibit A BID SCHEDULE (based on estimated 2020 quantities) ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION HOT MIX NORTH ASPHALT 1,000 TON (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 1,000 TON (20 % RAP) HOT MIX NORTH ASPHALT 51,000 TON (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 43,750 TON (20% RAP) HOT MIX NORTH ASPHALT 18,500 TON (GRADING-SX) 403.00 (ASPHALT)(100) SOUTH (PG -64-28) 17,000 TON (20% RAP) NORTH WARM MIX 1,000 TON ASPHALT (GRADING -S) 403.00 (ASPHALT)(100) SOUTH (PG 64-22) 1,000 TON (20% RAP) EMULSIFIED NORTH ASPHALT ONLY 401.00 (CSS-1 H) 40,000 GALLON (TACK COAT) BID NO # B2000069 13 1 P a g e Exhibit A Bid Opening Checklist: All of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. ❑ Bid Schedule/Summary (page 13) ❑ Signature page (page 14) ❑ Receipt of addenda(s), if any, should be signed. (page 15) ❑ Bid Bond (Page 16-17) ❑ Anti -Collusion Affidavit. (page 18) ❑ Statement of Qualification (must be signed and notarized) (pages 19-22) 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. #82000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551 -0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BIDNO#B2000069 14l P age i1 1;A (See Attached Sheet) Hot & Warm Mix Asphalt Supply 2020 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 20 FIRM NAME: BY: TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION:_ ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID NO # B2000069 15 1 P a g e ♦ : Hot & Warm Mix Asphalt Supply 2020 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 20, 2020, for the Hot & Warm Mix Asphalt Supply 2020 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2020, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety Address ATTEST: By: BID NO # B2000069 16 1 P a g e Exhibit A INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B2000069 17 1 P a g e Exhibit A COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ANTI -COLLUSION AFFIDAVIT ITOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person. whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high. noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. _-.. Coo,' s Rrm a co. y nsme BY Der. T,tle 2nd c retractor's firm or company name. (it taut venture ) By Date T.ae Sworn to before me this day of, 19 N dart' My cnn,m ,on exp. el NOTE: This document must be signed in ink. BID NO # B2000069 18 1 P a g e Exhibit A STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Name of Bidder(Company or Firm): 2. Permanent main office address Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2000069 19 1 P a g e Exhibit A 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Owner's Representative: Completion Date: Project Name: Supt: Phone: Contract Amount: BID NO # B2000069 20 1 P a g e Location: Owner's Representative: Completion Date: Project Name: Location: Owner's Representative: Completion Date: Exhibit A Supt: Phone: Contract Amount: Supt: Phone: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO # B2000069 211 P a g e The undersigned hereby swears and afFrnA t'�e information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of Bidder: Company By: Name: (Please Type) Title: NOTARY County of ss. State of deposes and says that he is of 2020. being duly sworn, (Title) (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of , 2020. (SEAL) Commission Expires Notary Public BID NO # B2000069 22 1 P a g e SAMPLE SUPPLY COMMBOND KNOW ALL MEN BY THESE PRESENTS, That, as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) and as Surety, (hereinafter called Surety), (here insert full name and address or legal title of Surety) are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of (here insert full name and address or legal title of the Buyer) for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, the said Supplier and Surety shall fully indemnify and reimburse the Buyer for any loss that it may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified. This includes any reasonable and additional costs the Buyer must expend in order to fulfill the terms of the contract, such as replacing material at additional cost. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the day of .20 (Principal) (Seal) (Title) (Witness) (Surety) (Seal) (Title) Attach valid Corporate Power of Attorney Form (Witness) BID NO # 82000069 23 1 P a g e INDEX Index Exhibit A PROJECT SPECIAL PROVISIONS Revision of Section 104, Scope of Work 24 25 Revision of Section 105, Claims for Contract Adjustment 26 Revision of Section 105, Conformity to the Contract 27 Revision of Section 106, Control of Material 27 Revision of Section 403, Hot Mix Asphalt 28-29 Revision of Section 702, Bituminous Materials 30 The specifications for material supply shall be in accordance with the most recent Colorado Department of Transportation. Standard Specifications for Road and Bridge Construction and CDOT Field Materials Manual, unless otherwise stipulated in this document. The super pave mix design procedure should be run at a minimum 100 gyrations of compactive effort. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Section 105.04 Conformity to the contract of Superpave Performance Graded Binders ... Section 105.05 Conformity to the Contract of Hot Mix Asphalt Section 105.09 Coordination of Plans, Specification, Supplemental Specification and Special Provisions Section 105.10 Cooperation by contractor Section 105.22 Dispute Resolution ......................... Section 106.01 Source of Supply and Quality Requirements ......................... Section 106.02 Material Sources ......................... Section 106.03 Samples, Tests, Cited Specifications ......................... Section 106.04 Qualification of Testing Personnel and Laboratories Section 106.05 Sampling and Testing of Hot Mix Asphalt Section 106.07 Material Inspections at Plant ......................... Section 106.08 Storage Materials ......................... Section 106.09 Hauling Materials ......................... Section 107.01 Laws to be Observed ......................... Section 109.01 Measurement of Quantities ......................... Section 401.01 Description (Plant Mix Pavements) ......................... Section 401.02 Composition of Mixtures ......................... Section 401.03 Aggregates ......................... Section 401.04 Mineral Filler ......................... Section 401.05 Hydrated Lime ......................... Section 401.06 Asphalt Cements ......................... Section 401.08 Asphalt Mixing Plant ......................... Section 401.09 Hauling Equipment ......................... Section 401.13 Preparation of Asphalt Cements ......................... Section 401.14 Preparation of Aggregates ......................... Section 401.15 Mixing ......................... Section 401.21 Method of Measurement ......................... Section 702.01 Asphalt Cement ......................... Section 703.04 Aggregate for Hot Mix Asphalt ......................... BID NO # B2000069 24 1 P a g e Section 703.06 Mineral Filler Exhibit A Section 712.03 Hydrated Lime REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.2-(c) shall be revised as follows: Delete 2nd paragraph starting with "If the alterations" to 3th paragraph subsection . and revise with Approximate quantities to be purchased from all vendors are stated for 2020. Estimated quantities are provided for 2021 through 2022. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2020 through 2021. Weld County reserves the right to increase or decrease the quantities up to twenty-five percent (25%) of the total bid as best fits its needs. BID NO # B2000069 25 ( P a g e Exhibit A REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.17 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Neal Bowers, Pavement Management Supervisor Project Engineer: Don Dunker, P.E., County Engineer Project Inspector: Josh Holbrook, Inspection Supervisor BID NO # 82000069 26 ( P a g e iuiitv REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF HOT & WARM MIX ASPHALT Section 105.05 of the Standard Specifications shall include the following: No incentive payment will be made under this Contract. No disincentive payments will be made under this Contract. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106.05 (b) of the Standard Specifications shall include the following: Samples for project acceptance testing shall be taken on grade from windrow. Samples for project acceptance testing shall be taken by the Contractor. If the Contractor is not on site at the time a sample needs to be taken a Weld County employee will take the sample. Section 106.5 (g.3) of the standard Specifications shall include the following: In the event where a contractor's production is suspended due to Condition red, Weld County will use another vendor/contractor during the suspended time frame. The Contractor will pay the added cost if the other supplier(s) has a higher price per ton and will also be responsible for additional hauling cost. BID NO # B2000069 27 1 P a g e Exhibit A REVISION OF SECTION 403 HOT & WARM MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading SX)(Asphalt)( 100 Gyrations )(PG 64-28) Warm Mix Asphalt (Grading S)(Asphalt)( 100 Gyrations )(PG 64-22) Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item and Warm Mix Asphalt will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Weld County will establish the production asphalt cement and volumetric targets based on the vendors mix design and the relationships shown between the hot mix asphalt mixture volumetric properties and asphalt cement contents on the Form 429. Weld County may select a different AC content other than the one shown at optimum on the vendors mix design in order to establish the production targets as contained on the Form 43. Historically, Air Voids adjustments typically result in asphalt cement increases from 0.1 to 0.5 percent. Contractors bidding the project should anticipate this change and factor it into their unit price bid. BID NO # B2000069 28 ( P a g e X1'-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1%) 11.6 11.7 11.8 N/A 25.0 (1) 12.6 12.7 12.8 19.0 (3/) 13.6 13.7 13.8 12.5 (%:) 14.6 14.7 14.8 9.5 (3) 15.6 15.7 15.8 4.75 (No.4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. Approved Warm Mix Asphalt (WMA) may be allowed on this project in accordance with CP 59. Unique requirements for WMA design, production and acceptance testing as documented during Weld County WMA approval shall be submitted and approved prior to creation of the Form 43 and before any WMA production on the project. BID NO # B2000069 29 ( P a g e REVISIOI�Y6ftkTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-Ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Requirement for PG Binder AASHTO Property Test No. 58-28 58-34 64-22 64-28 70-28 76-28 Original Binder Properties 230 230 230 230 230 230 T 48 Flash Point Temp., °C, minimum 3 3 3 3 3 3 T 316 Viscosity at 135 °C, Pa -s, maximum Dynamic shear, Temp. °C, Where G*/Sin 6 @ 10 rad/s 58 58 64 64 70 76 T 315 ≥1.00 kPa - _ _ _ _ _ _ Ductility, 4 °C (5 cm/min.), cm minimum - - Pass - - Pass - - Pass - - Pass - - Pass - - Pass - CP-L 2214 Toughness, joules inch-Ibs Tenacity,, joules (inch-lbs) Acid or Alkali Modification ass -fail RTFO Residue Properties 1.00 1.00 1.00 1.00 1.00 1.00 CP-L 2215 Mass Loss, percent maximum Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s 58 58 64 64 70 76 T 315 ≥ 2.20 kPa - - - - 50 50 T 301 Elastic Recovery, 25 °C, percent min. _ _ _ _ _ _ _ Ductility, 4 °C (5 cm/min.), cm minimum PAV residue Properties, R 28 aging Temperature 100 °C Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s 19 16 25 22 25 28 T 315 s 5000 kPa Creep Stiffness, @ 60 s, test -18 -24 -12 -18 -18 -18 T 315 Temperature in °C S Maximum, MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 ** direct tension, temperature in °C, @ 1 mm/min., where -18 -24 -12 -18 -18 -18 T 314 failure strain ≥ 1.0% ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID NO # B2000069 30 1 P a g e Exhibit B BID SCHEDULE (based on estimated 2020 quantities) ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION HOT MIX NORTH ✓ManT ASPHALT TON I"(�• g9 Lfh, ?O 403.00 (GRADING-SX) (ASPHALT)(100) (ASPHALT)(100) SOUTH (PG -64-22) 1,000 TON (20 % RAP) HOT MIX NORTH ASPHALT 51,000 TON Ko Y• 'ti (GRADING -S) , 403.00 (ASPHALT)(100) SOUTH (PG -64-22) 43,750 TON % 500 �� &►+ 7 J` (20% RAP) r q yap NORTH HOT MIX '11 kdyq�tcnT ✓ ASPHALT 18,500 TON 51 • q5 ( c5 (GRADING-SX) I O (,-C 403.00 (ASPHALT)(100) SOUTH (PG -64-28) L ym r zT f 17,000 (20% RAP) TON 73,170 NORTH WARM MIX 1 1,000 TON ASPHALT f 4(s'77 £.(5, 77O alt w 403.00 (GRADING -S) (ASPHALT)(100) SOUTH (PG 64-22) 1 1,000 TON ✓ VhOxT (20% RAP) i(,Jt'77 �5 770 EMULSIFIED 6 NORTH 401.00 ASPHALT ONLY (CSS-1H) 40,000 GALLON N/ (TACK COAT) BI D NO # 62000069 (5 1 eG?4 � �n 3 _ G 1. 1 P a e -Fni` plu,1 add 55'es. Exhibit B Bid Opening Checklist: All of the following panes must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. f 'Bid Schedule/Summary (page 13) Signature page (page 14) ceipt of addenda(s), if any, should be signed. (page 15) It Bid Bond (Page 16-17) Anti -Collusion Affidavit. (page 18) p-- Statement of Qualification (must be signed and notarized) (pages 19-22) 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. #B2000069. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM A4c[ r.*T� Lid? , Tru wG (� BUSINESS ADDRESS l6'87 Gale . TE Oc CITY, STATE, ZIP CODE t o/de,,i , (.O SCE 4(O i1 TELEPHONE NO 3 -8 S-a56C FAX �3 Q �- ,9 TAX ID # 8'f-oyp 3 yg PRINTED NAME AND TITLE/IIa`j,i lnp�— J`-ai %`� ReT (�c5_yt�`.cttr`ICsr SIGNATURE E-MAIL pa— 4--1- V-Lr�.�.,n,sell1O,&4Q gatc-L.t3- C 1 DATE______________________ WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES, THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID NO # B2000069 14 1 P u g Exhibit B RECEIPT OF ADDENDA (See Attached Sheet) Hot & Warm Mix Asphalt Supply 2020 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. // Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 17 day of F -e.4, -u , , 20 FIRM NAME: A 4TTC F - (��C BY: 442 - t, Z h i.- TITLE: .Sor t lZe p& ive BIDDER'S LEGAL SIGNATURE:__________________________________________ STATE OF INCORPORATION: G tptradr� ADDRESS: 16 S7 C.cak J5lyd 5TZE 3©O GO1c1e� LC S CO( TELEPHONE NO: 3Q3- Rgjff-,i�j. _ FAXNO: 30 `qE<)-d033 ATTEST: (CL L. L C1. I __.... KAREN WALTERS NOTARY PUBLIC STATE OF COLORADO NOTARY 1O19964009465 MY&MISSJQN EXPlRS BID NO # 82000069 15 l P F- E Exhibit B SAMPLE BID BOND Hot & Warm Mix Asphalt Supply 2020 KNOW ALL MEN BY THESE PRESENTS, that Aggregate Industries - WCR. Inc. as Principal, and Western Surety Company as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Total Amount Bid ----------------Dollars ($_5% TAB-----------------_), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 20, 2020, for the Hot & Warm Mix Asphalt Supply 2020 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 11th day of February , 2020, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Aggregate Industries - WCR, Inc. Address 1687 Cole Blvd., Suite 300 ATTU- T: �w By,�\�-'��'a ,y t )(CO r ATTEST By: Vanessa Dominguez, Witness as to S ety Golden, CO 80401 By �,, r�r da ShuWr Surety Western Surety Company Address 151 N. Franklin Street Chicago, IL 60606 Lisa A. Ward, Attorney -In -Fact BID NO # B2000069 16 ( P a g e Western'S'Nr'ety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Alen By 'these Presents, That WESTERN SIJRElY COMPANY. a South Dakota corporation_ is a duly organized and existing corporation having iIs principal oIiicc in the City of Sioux Fs, IIs and State of South Dakota. and that it does In virtue of the signature and seal herein affixed hereby make. constitute and appoint Lupe Tyler, Lisa A Ward, Michael J Herrod, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Misty Wright, Amanda George, Naomi Harris -Thompson, Terri L Morrison, Erin M Dennison, Individually of Houston, TX, its true and lawful Attontcy(s)-in-Fact with toll power and authority hereby contcncd to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of' similar nature - In Unlimited Amounts - and io bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorvcd officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the fly -Lang printed on the reverse hereof duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WFSITRN SURLTY COMPANY has caused these presents to be signed by Its Vice President and its corporate seal to he hereto affixed on this 7th day of.lune. 2019, QtBrutlatVieeprccidenI WESTERN SURETY COMPANY State of South Dakota ss County of Minnehaha On this 7th day o1 .lune, 2019, before me personally came Paul T. Brufat. to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of W'ES'I URN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges sane to he the act arid deed of said corporation. My commission expires ( J. MOHR (may •��rr? �r /�I �, yl' �i /� June 23, 2021 J. Mohr, Notary Public CER lIFIC1'I'E I. L., Nelson, Assistant Secretary of W'FSTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Lars of the corporation printed on the reverse hereof is still in force, In testimony whereof l have hereunto suhscrihed my name and atlixed the seal of the said corporation this 11th day of February, 2020. WESTERN SURETY COMPANY SF AV :r L Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Exhibit B COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT IVA'It 4 k -P9 rT s i `� ``'d oiw `"- u Y.nnrH fpP r I IWC/d osj cotoratio 1 hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that 1 The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my form. 3A No attempt has been made to solicit cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project tit to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive hid oc other form of complementary bid. 3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation communication, agreement or discussion with, or inducement or solicitation by or from any form or person to submit any intentionally high, noncom- petitive or other form of complementary bid 5 My firm has riot offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offeredpromised or paid cash or anything of value to any firm or person, whether in r_onntaaion with this or any other project in consideration, for an agreement iii promise by any firm or person to refrain from bidding or to submit any intentionally high noncompetitive of utfier form of complementary bid or agreeing or promising to do so on this project 6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high noncompetitive or other form of complementary bid, or agreeing or promising to do so. on this project. 7 i have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation. approval or submission of my firm's bid on this project and have been advised by each of thorn that he or she has not participated in any ccmmurnication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit 8 t understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE. AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE C+sloe•, 6,n, oc[.,, - -. - -_-. y _ � ... i l I r.w t sue ./ .. 4.: �9gre �ja7e YIG�f�5Trie5:.ZytG — G!r'.�? � i Col d,,., r rid ,•, n ,n.n.x 'io e i I lie r.._. liar Sworn to before me this ...I I t, day of. �Cn- L --\k Zt . J KAREN WALTERS _.-., . _NOTARY PUBLIC .i `, STATE OF COLORADO NOTE: This document must be signed In ink. NOTARY ID 19984069496 BID NO # B2000069 18 i P is -, e Exhibit B STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: r'-. a tyi It1 aoAD All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder(Company or Firm):i4j, r ^a .Tkdk5tri'e.s Iv kjC Qi 2. Permanent main office address:/ `7 tc 151 Volt .57i ..30O 6©Idch, Co SO`/O1 Phone Number: 3o3 Fax Number: 3Q,.3 — ?go - J. Year company was organized: ofyy v 4. Number of years this Company has been engaged similar construction: 70 under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? SeD&c-i.- -ie.,r ,4 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. /l�crn 2 - List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B2000069 19 1 (' a g Exhibit B 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. /�JQ—Yti -Z 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: f4 (],Yd (JJyA.' 1`�5i2/ tt .)Ckpfl'/ oZo l7 — Location: Wk/Lip 1 19 u vt 7-Y �O��ra�0 Supt: A6f7The a Owner's Representative: /\/et( ,e Phone: q%7— 5"f Completion Date: VV(C d i 3 (, 3E1€Q Contract Amour Project Name: _ p_r r, r c, c,i tT`JOu er (4y .9 /y ?-a/9 BID NO # 92000069 ?0 P ? c Exhibit B Location: (J ...f r 5w,l Co,C.Wn / �e Co to ('ad'o Supt: b Owner's Representative: L pc�i,44's-1.-1 Phone: ,3a3--7(--R57p Completion Date: Aj"C'.wii).ej 1 , a-Ol '' Contract Amount: 1 Project Name: ( - pnG Agohah cue('lA-yS �/Y l9 r Location: C,=22& ►€ j -- —7y , e--cp 5`(/�aGlo Supt: r•t,G Rad/ Cr Owner's Representative: y, .?�l,Pv� FG�a( Phone: -3600 Completion Date: JVOUewi loci" 3ca�-0 I Contract Amount: 'I / 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR /v4 WORK DESCRIPTION 15. List the principal members of the company who w,ifl be involved with this superintendent, foreman, project manager, etc. NAME TITLE I i Pia✓tf ,i'lay� . , JCi!'i-YI _/' vc.^ C writ e. %OFFW,O�RK it/14 T ' prof t, including the YRS. PERTINENT EXPERIENCE 4 1alr:�2 7ho7y7 p rsir16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO # B2000069 21! Exhibit B The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 17 day ofuv�, , 2020. Bidder: A-4 9M�r a7e. 3:IA47f.5. 4-41 ..^ wC' Company By:. Name: ,/l �L /�� f� •, (Please Type) Tile: NOTARY County of o ( { e (j ss. State of r 4 ) , r -; \ ez \ t , tti \ •� . being duly sworn, deposes and says that he is )`l\of !r. rJ (Title) (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this I�1 +'day of I C v,:.. - 1) , 2020. (SEAL) cz. cs ti L. Commission Expires Notary Public KAREN WALTERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964009496 MY C0MMISSIINV EXPIRES JUNE 3. 2020 BID NO # B2000069 22 i P a g E Exhibit B Attachment A Question: Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? Responses: Bituminous Roadways of Minnesota, 1949-1989 Bituminous Roadways of Colorado, 1989-1997 Camas Colorado, Inc., 1997-2000 Aggregate Industries, Inc. — WCR, 2000 -present The company has been bonding work since beginning of operations. Exhibit B Attachment B Longmont Plant Job Name Contract Amount Completion Date Larkridge Apts $ 854,818 April 2020 Platteville Fire Station $ 96,440 May 2020 SVVSD Mead ES $ 764,858 June 2020 USPS Carrier Annex $ 79,271 March 2020 St Theresa Church $ 132,118 April 2020 Dahlia Plant Job Name Contract Amount Completion Date Sky Ranch Filing 1 $ 2,465,288 March 2020 Big Dry Creek WWTF $ 203,713 July 2020 DIA - Pike Peaks Lot $ 391,484 May 2020 Candlewyck $ 96,932 June 2020 Reunion Filing 36 $ 431,843 March 2020 FIC Fitzsimmons $ 703,151 March 2020 Ashury & Tejon Park $ 42,962 March 2020 Adams 12 CTE $ 417,959 June 2020 Second Creek Farms Fl 1 $ 123,304 July 2020 76 Commerce - Sigma TI $ 1,099,806 March 2020 McIntyre St Phase 3 $ 420,959 April 2020 Northglenn Civic Center $ 334,756 May 2020 7th and Grant $ 28,024 March 2020 Aurora Highlands $ 118,637 May 2020 Adams County Public Works $ 193,810 April 2021 Villages at Thorncreek - VCC $ 258,412 May 2021 Villages at Thorncreek - PHC $ 110,792 May 2021 Exhibit B Attachment C Longmont Plant 1587 County Road 20 Longmont, CO 80504 Dahlia Plant 4801 E. 78th Ave Commerce City, CO 80022 New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? AGGREGATE INDUSTRIES WR INC @00000518 Contract Name * Contract ID Parent Contract ID 2020 HOT & WARM ASPHALT MIX SUPPLY (SOUTH COUNTY) 3470 Contract Status Contract Lead* Requires Board Approval CTB REVIEW NBOWERS YES Contract Lead Email Department Project # nbowers@co.weld_co.us Contract Description * 2020 HOT & WARM ASPHALT MIX SUPPLY SOUTH COUNTY WITH THE POSSIBILITY OF TWO ONE YEAR RENEWALS. #82000063 Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 03/21/2020 03/2512020 Amount * Department Email $3,130,071.00 CM- Will a work session with BOCC be required?* PublicWorks a@weldgov.com NO Renewable * YES Department Head Email noes Contract require Purchasing Dept. to be included? CM-PublicWorks- Automatic Renewal DeptHead@aweldgov.com County Attorney Grant BOB CHOATE County Attorney Email IGA BCHOATECO.WELD.CO.US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onaase Contract Dates Effective Date Review Date * Renewal Date 01/0412021 04101/2021 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Narne Contact Type Contact Email Purchasing Contact Phone 1 Contact Phone 2 • Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver JAY MCDONALD BARB CONNOLLY DH Approved Date Finance Approved Date 03/17/2020 03/19/2020 Final Approval BOCC Approved Tyler Ref # AG 032320 BOCC Signed Date BOCC Agenda Date 03123/2020 Originator NBCWERG Submit Legal Counsel BOB CHOATE Legal Counsel Approved Date 03/19/2020 MEMORANDUM rO: Rose Everett, Purchasing Department DATE: 2/27/2020 =ROM: Neal Bowers, Pavement Management Supervisor SUBJECT: Bid Recommendation for #2000069 Hot & Warm Mix Asphalt Supply 2020 On February 20, 2020 the bids for Hot & Warm Asphalt Supply were open from three bidders. Public Works Department recommends that the bid be awarded as listed below, based on unit prices, quantities, and distance to job sites. The cost below does not exceed the 2020 budget for maintenance overlays, and BOCC approved HARP/DOLA road projects. Lowest bid for part of the north county was submitted by Martin Marietta Materials Inc. Public Works Department has purchased asphalt materials from the low bidder on numerous occasions with satisfactory results and recommends Martin Marietta Materials Inc. be awarded the bid for the north county asphalt materials supply. Unit prices are shown in attached summary. Martin Marietta Materials Inc. North plant is located at 925 N. 35th Ave. Greeley, CO Grading "S" (64-22) 51,000 tons @ $53.00 = $2,703,000.00 Grading "SX" (64-28) 12,400 tons @ $63.50 = $ 787,400.00 Emulsified Asphalt 40,000 gallons @ $3.90 = $ 156,000.00 North Total $3,646,400.00 Lowest bid for the south county and part of the north county was submitted by Aggregate Industries. Public Works Department has purchased asphalt materials from low bidder before with satisfactory results and recommends Aggregate Industries be awarded the bid for the south county asphalt materials supply. Aggregate Industries South plants are located at 1587 WCR 20.5 Longmont, CO and 4801 East 78th Ave. Commerce City, CO Grading "S" (64-22) 43,750 tons @ $44.40 = $1,942,500.00 Grading "SX" (64-28) 17,000 tons @ $51.41 = $ 873,970.00 North County Grading "SX" (64-28) 6,100 tons @ $51.41 = $ 313,601.00 South Total $3,130,071.00 North & South Asphalt Supply pc: Rob Turf, Jay McDonald, Curtis Hall 03/09 Total $6,776,471.00 aO7 ,FCcvrg WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: reveretttweldgov.com E-mail: cmpeters(a�weIdgov.com Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 20, 2020 REQUEST FOR: ASPHALT SUPPLY (Possible two (2) 1 year renewals) DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B2000069 PRESENT DATE: FEBRUARY 24,2020 APPROVAL DATE: MARCH 9, 2020 AGGREGATE MARTIN MARIETTA ASPHALT INDUSTRIES MATERIALS INC SPECIALTIES 1687 COLE BLVD 1800 N. TAFT HILL ROAD 10100 DALLAS STREET STE 300, GOLDEN CO 80401 FT.COLLINS CO 80521 HENDERSON CO 80640 BID SCHEDULE(Prices per ton) HOT GRADE SX (64-22) - 20% RAP APPROX TONS - 1,000 - NORTH $44.89 - DAHLIA & LONGMONT $54.50 - GREELEY NO BID - 1,000 - SOUTH $44.89 - DAHLIA & LONGMONT $47.75 - DENVER $51.00 - FIRESTONE HOT GRADE S (64-22) - 20% RAP APPROX TONS -51,000- NORTH 43,750 - SOUTH HOT GRADE SX (64-28) - 20% RAP APPROX TONS - 18,500 - NORTH 17,000 - SOUTH WARM GRADE S (64-22) - 20% RAP APPROX TONS - 1,000 - NORTH 1.000 - SOUTH $44.40 - LONGMONT&DAHLIA $44.40 - DAHLIA & LONGMONT $51.41 - LONGMONT & DAHLIA $51.41 - DAHLIA & LONGMONT $45.77 - LONGMONT & DAHLIA $45.77 - DAHLIA & LONGMONT $53.00 - GREELEY $45.65 - DENVER $63.50 - GREELEY $52.75 - DENVER $56.00 - GREELEY $48.65 - DENVER EMULSIFIED ASPHALT-CSS-1 H APPROX 40,000 GALLONS - NORTH ONLY NO BID $3.90 - GREELEY PLANT SITES: AGGREGATE INDUSTRIES: NORTH COUNTY AND SOUTH COUNTY: DAHLIA PLANT, 4801 E 78TH AVE, COMMERCE CITY CO 80022 LONGMONT PLANT, 1587 WCR 20½, LONGMONT CO 80501 MARTIN MARIETTA: NORTH COUNTY: 925 N 35TH AVE, GREELEY CO 80634 SOUTH COUNTY: 6395 PECOS, DENVER CO 80221 ASPHALT SPECIALTIES: SOUTH COUNTY: FIRESTONE PLANT, 11401 WCR 9½, FIRESTONE CO 80504 NOTE: ROAD 6 PLANT - WCR 6 & WCR 13 ANTICIPATE OPENING ON JUNE 1, 2020 NO BID - $50.00 - FIRESTONE NO BID - $56.00 - FIRESTONE NO BID - $52.00- FIRESTONE NO BID 2020-0657 PUBLIC WORKS IS REVIEWING THESE BIDS. sf E%©O70 Hello