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Home My WebLink About20170631.tiff/ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2019 Asphalt Price Increase (South County) DEPARTMENT: Public Works PERSON REQUESTING: Neal Bowers DATE: 2/25/2019 Brief description of the problem/issue: The conditions for renewal of the south asphalt contract for 2019 requires a price increase over 2018 of not more than .001%. The contract specifies the ENR Denver Index for maximum allowed prices from one year to the next. Aggregate Industries has requested increases of 5.5% to 6.25% depending on the product purchased. The attached spreadsheet shows the products and the anticipated quantities. The Denver/Boulder Consumer Price Index allows for an increase of (2.8%), and the ENR Twenty City Nationwide Index allows for an increase of (15.3%). After contacting Aggregate Industries, they shared their contract pricing for their oil products for the 2018 and 2019 seasons which reflect their asphalt price increase. After contracting Rob Turf and discussing the issue we feel certain the price adjustment is allowable within purchasing code. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept the requested price increases and renew the contract with Aggregate Industries. 2. Rebid the south asphalt purchases for 2019. Recommendation: Public Works recommends option number one. A rove Recommendation Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno 66,1 Schedule Work Session Other/Comments: .2,O/7- 04,3/ g�m7 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND AGGREGATE INDUSTRIES This Agreement Extension/Renewal {"Renewal"), made and entered into li day of February, 21)19. 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 Indus;rles, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 7017.0631, approved on 3/29117. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein, NOW THEREFORE, In consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on 3/31/19. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 4/1/19, and will end on 3/31/202Q. • 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. The 201a Bid Schedule of the original contract shall be replaced with attached 2019 Bid Schedule, which Is incorporated herein. 2. The original contract price shall be modified to no more than $2,552,642.00 for the contract period between April 1, 2019 and March 31, 2020. • Ali 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: Brenda gluier Genera ame Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COW Barbara Kirkmeyer , ATTEST: Weld C%unL,yJlerk to the Board a BY: Deputy Cier J to the Board Aggregate Induce • WCR, Inc. 2D19 („1.0/7-04'3/ SID SCHEDULE (based on estimated 2019 quantities) Aggregate Industries ITEM # QUANTITY UNIT ¢ID PRICE CONTRACT PPR PLANT PER UNIT LIKAININ 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (25 % RAP) NORTH 0 TON SOUTH 0 TON —___.._...,. $44.89 . Longmont and Dahlia 403,00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 0 SOUTH 44,Q00 NORTH 0 TON TON TON $43.76 $1,925,440 4 Longmont and Dahlia 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -84-28) (20% RAP) SOUTH 12,200 TON $51.41 $627,202 Longmont and Dahlia 403,00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (25% RAP) NORTH 0 TON $44.77 SOUTH 0 TON Longmont and Dahlia 401.00 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY GALLON Iota 2,552,642.00 BOND NO. 58739385 RIDER To be attached to and form a part of Bond No. 58739385 executed by and by in favor of and effective as of March 21, 2017 AGGREGATE INDUSTRIES - WCR, INC. WESTERN SURETY COMPANY WELD COUNTY as Principal as Surety, In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the bond liability FROM: Two Million Nine Hundred Sixty Two Thousand Fifteen and 00/100 Dollars {$2,962,015.001 TO: Two Million Five Hundred Fifty Two Thousand, Six Hundred Forty Two and 001100 Dollars ($2,552.642,00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 14th day of February 2019 . Signed and sealed this 14m day of February 2019 AGGREGATE INDUSTRIES - WCR. INC. BY:... Brenda Shu{ar 'General Manager WESTERN SURETY COMPANY .. \iUA U !1A`vIAv1 Principal Surety Vanessa Dominguez Alto l'hey-Fact VI/est-ern Surety l.ompanY POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Knew Mt Men By These Presorts, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its pnncipal office in the City of Sioux Falb, 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, Wendy W Stuckey, Michael J Hotrod, Anoop Chawla Adlakha, Nancy Thomas, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Individually of Houston, TX, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and exceute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby us 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 confirnnxi 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 21st day affray, 2016. State of South Dakota County of Minneltaha } WESTERN SURETY COMPANY T. Brunet, Vico President On this 21st day of July, 241ln, before me personally came Paul T. Brulfet, to me known, who, being by me duly sworn, did depose and say that be 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 acid of said corporation; that the seal affixed to the said insmtment is ,such corporate seal; that it was so affixed pursuant to authority giver by the Board of Directors of said corporation and that he signed his nano thereto pursuant in dike authority, and acknowledges as,mc to be the act and deed of said corporation. My commission expires lune23, 2021 CERTIFiCA'TE 7i2444-) I. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY in hereby certify that the Power of Attorney hereintbovc set forth is still us force, and further certify that the By -Law of the corporation printed on the reverse hewn( is still in force In testimony whereof I have hereunto subscribed my name and afltned the seal of the said corporation this 14th day of February 2019 61,nn WESTERN SURETY COMPANY CiTe~-VIII4271-0-111 Nelson, Assistant Secretary Authorizing Hy -tow A DOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and etcecuted pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds. policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate came of the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize, The President, any Vice President. Secretary, any Assistant Secretary. or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings is the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. �'' .."M' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYV) 09/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(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 Servi ces Southwest, Inc. Houston TX Office 5555 San Felipe suite 1500 Houston TX 77056 USA ACT Na.EXt): - (866) 2837122 (800) 363-0105 (AJC.Ng,g E-MAIL ADDRESS: INSURER(S►AFFORDING COVERAGE NAILS INSURED Aggregate Industries Management, Inc. 6211 Ann Arbor Road Dundee MI 48131 USA INSURER A: ACE American Insurance Company 22667 INSURERS: American Guarantee & Liability Ins CO 26247 INSURER C: Indemnity Insurance co of North America 43575 INSURER I): ACE Fire Underwriters Insurance Co. 20702 INSURER E: INSURER F: 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 lush LIR TYPE OF INSURANCE POUCY NUMBER LIMITS A X COMMERCIAL GENERAL UABILITY HDOG71212221 EACH OCCURRENCE 52,000,000 ' CLAIMS -MADE I X I OCCUR <—! DAMAGETO RI:NI ED PREMISES (Ea occurrence) 52,000,000 MED EXP (Aey one person) $5,000 PERSONAL& ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - GENERAL AGGREGATE $10,000,000 X POLICY �JEGT ❑ LOC PRODUCTS -COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY ISA-H25272584 10/01/2018 10/01/2019 COMBINED SINGLE UNIT accident) $5,000,000 —_(Ea X ANY AUTO BODILY INJURY ( Per person) — OWNED AUTOS ONLY '—`SCHEDULED AUTOS BODILY INJURY (Per accident) ,—. HIRED AUTOS ONLY .,_„ NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident /X a X ~ UMBRELLA LIAB OCCUR AUC014440102 10/01/2018 10/01/2019 EACH OCCURRENCE 510,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED ` 'RETENTION C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY wLRCs5436115 WC (A05) 10/01/2016 10/01/2019 X 'PER 1 OTH• STATUTE 1 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED, NIA 5CFC6543619A 10/01/2018 10/01/2019 E.L EACHACLIDENT $1,000,000 (Mandatory in NH) If yea, describe under WC (WI) EL_ DISEASE -EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 51, 000, 000 t DESCRIPTION OF OPERATtONp t LOCATIONS / VEHICLES (ACORD 101, Adtldl0ral 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 weld County 1150 "0" St. Greeley CO 80631 USA ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE IMLL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Holder Identifier: AUTHORIZED REPRESENTATIVE r o`�E� �i1N�sM1b10 ��a�d�eJsJla ©1988-2015 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 Aggregate Industries Management, Inc. POLICY NUMBER See Certificate Number: 570073184874 CARRIER see certificate Number: 570073184874 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 Aggregate Industries Management, Inc. Tiger Delivery LLC Aggregate Industries Land Company, Inc. Aggregate Industries - Northeast Region, Inc. Aggregate Industries - WCR, Inc. Aggregate Industries - MWR, Inc. Kost, Inc. Meyer Material Company, LLC Bardon, Inc. D/B/A Aggregate Industries - MAR Tiger Minimix, Inc. Aggregate Industries - SWR, Inc. D/B/A Frehner Construction Lattimore Materials Corp. Lordstown Construction Recovery LLC Redland Quarries NY Inc. Lafarge Aggregates Illinois Inc. Fredonia Valley Railroad, Inc. Tarrant Concrete Co., Inc. ACORO 101 (2000101) The ACORD name and logo are registered marks of ACORD lb 2600 ACORD CORPORATION All rights reserved. iD1`a4(ai 6ri dace +k I09(o BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2019 Asphalt Price Increase DEPARTMENT: Public Works DATE: 2/11/2019 PERSON REQUESTING: Neal Bowers Brief description of the problem/issue: The conditions for renewal of the north asphalt contract for 2019 requires a price increase over 2018 of not more than .001%. The contract specifies the ENR Denver Index for maximum allowed prices from one year to the next. Martin Marietta has requested increases of 2.8% to 4.7% depending on the product purchased. The attached spreadsheet shows the products and the anticipated quantities. The Denver/Boulder Consumer Price Index allows for an increase of (2.8%), and the ENR Twenty City Nationwide index average allows for an increase of (15.3%). After contacting Martin Marietta, they shared their contract pricing for their oil products for the 2018 and 2019 seasons which reflected exactly their price increase on the asphalt contract. Martin Marietta owns the only working asphalt plant in the Greeley (Public Works North Asphalt Supply) area and if rebid would be the sole bidder and staff were told they would give the same pricing. After contacting Rob Turf and discussing the issue we feel certain the price adjustment is allowable within purchasing code. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Accept the requested price increases and renew the contract with Martin Marietta. 2. Rebid the north asphalt purchases for 2019. Recommendation: Because Martin Marietta operates the only asphalt plant in the Greeley area, we are certain to see the same price increase as the amount requested if the products are rebid, Public Works recommends option number one. Approve Recommendation Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno c2—o2e5— /9 Schedule r Work Session Other/Comments:1111L C,,51/41r1144' 1 '� ,hL t pw O r\ (� O.1 Co(l9 X0/7 0z„/ 6&601`;1- BOARD OF COUNTY COMMISSIONERS WE ) COUNTY, COLORA • CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 28 day of January, 2019, 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 Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-0631, approved on 3/29/2017. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on 3/31/2019. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 4/1/2019, and will end on 3/31/2020. • 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. The 2017 Bid Schedule of the original contract shall be replaced with the attached 2019 Bid Schedule, which is Incorporated herein. 2. The original contract price shall be modified to no more than $3,657,675.00 for the contract period between April 1, 2019 and March 31, 2020. • 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: M ik2 over. AISI 3:Nc, I Oozr Sew :arbara Kirkmeyer, C air rED 2 5 2019 ATTEST: Weld County Clerk to the Board BY: 0_0•_c2.- RzataL Deputy Clerk to the Board BID SCHEDULE (based can estimated 2019 quantities) Martin Marietta Materials, Inc. 925 N. 35 Ave 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (25 % RAP) NORTH 0 TON BID PRICE ERR -UNIT $52.75 CONTRACT PRICE 0 ..PLANT LOCATION Greeley, CO, SOUTH 0 TON 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 48,500 TON $49.95 $2,422,575.00 925 N. 35 Ave Greeley, CO. SOUTH 0 TON 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 18,000 TON $59.95 $1,079,100.00 925 N. 35 Ave Greeley, CO, SOUTH 0 TON 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (25% RAP) NORTH 0 TON $50.45 0 925 N. 35 Ave Greeley, CO> SOUTH 0 TON 401.00 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON $3.90 $156,000.00 Total $3,657,675.00 925 N. 35 Ave Greeley, CO, ACRD CERTIFICATE OF LIABILITY INSURANCE ATE DD Y) 09/28/2018 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. 100 North Tryon Street, Suite 3600 Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. OB22889 CN102458548-1.MMM-GAWX-18-19 CONTACT PHON: PHONE (A/C. No. Ext): I (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : ACE American Insurance Company 22667 INSURED Martin Marietta Materials, Inc. Attn: Todd Crump 2710 Wycliff Road PO Box 30013 Raleigh, NC 27622 INSURER a : Indemnity Ins Co Of North America 43575 INSURER C : ACE Property And Casualty Ins Co 20699 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: ATL-004700191-09 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG71209659 09/30/2018 09/30/2019 EACH OCCURRENCE $ 3,000,000 DAMAGE TO PREMISES (Ea occu ence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 3,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OP AGG $ 6,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY ISAH25272274 09/30/2018 09/30/2019 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE G28167581003 09/30/2018 09/30/2019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED I I RETENTION $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N NIA WLRC6543586A (AOS) WLRC65435901 (CA) 09/30/2018 09/30/2018 09/30/2019 09/30/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County, its officers, agents and employees is/are additional insured under General Liability 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, Automobile Liability, and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County- Public Works 1150 O Street Greely, CO 80631 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 , ,ruc,a+6s. ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SURETY RIDER Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 To be attached to and form a part of Bond No. 016071729 Type of Bond: Supply Bond dated effective 03/20/2017 (MONTH -DAY -YEAR) executed by Martin Marietta Materials, Inc. (PRINCIPAL) and by Liberty Mutual Insurance Company , as Surety, , as Principal, in favor of Weld County (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the amount of the subject bond number to be hereby decreased to $3,657,675.00. The current agreement is hereby also extended an additional 365 days, which will commence on 04/01/2019 and end on 03/31/2020 (see attached). Current bond amount: $3,886,850.00 Decrease amount: $229,175.00 New bond amount: $3,657,675.00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 01/29/2019 (MONTH -DAY -YEAR) Signed and Sealed 02/04/2019 By: (PRINCIPAL) Todd Crump, Ris(C/Manager (MONTH -DAY -YEAR) Martin Marietta Materials, Inc. (PRINCIPAL) Liberty Mutual Insurance Company (SURETY) By: (ATTORNEY -IN -FACT) Rebeca L. Gomez Porras S-0443/LM 8/08 XDP THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authorty to bind the Company except in the manner and to the extent herein stated. t Certificate No. 8138748 ' Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY 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 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 , loan, letter of credit, r residual value guarantees. thereto this 26th day of June , 2018 . wer of Attorney call m and 4:30 pm EST on any business day �., ri ' ' STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 26th day 131 z ss of June The Ohio Casualty Insurance Company Liberty Mutual Insurance Company i s91 4 West American Insurance Company f � By: /,,r+e David M. Carey; Assistant Secretary 2018 , before me personally appeared David M. Carey, who acknowledged himself to be 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. yp PASt COMMONWEALTH OF PENNSYLVANIA Notarial Seat Teresa Pastefla, Notary Public By: �� _ ) °r �w , Upper MerlonTwp., Montgomery County ' My Commission Expires March 28, 2021 .._. Teresa Pastella, Notary Public Not valid for mortgage, note currency rate, interest rate o Member, Pennsylvania Association of Notaries 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 euecution 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 Designation The President the Company, acting to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - To confirm the validity of this Pc of — of pursuant 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 ziday of T Cl/� , 20 /9 y1'3 1912 1391 r, By LMS I 12873 022017 :. Renee C. Llew , ssistant Secretary 159 of 300 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: 2018 Hot and Warm Mix Asphalt Supply South County Renewal DEPARTMENT: Public Works DATE: 2/15/2018 PERSON REQUESTING: Neal Bowers Brief description of the problem/issue: The original agreement for Hot and Warm Mix Asphalt Supply 2017 (south county only) can be extended from April 1, 2018 to March 31, 2019 as permitted by the contract. This extension would be the second year of a possible three year contract. The contract also allows for a yearly rate adjustment based upon the current ENR price index for asphalt, which was a .00375% increase from January 2017 to January 2018. Aggregate Industries did request an increase of .00375% in the price of asphalt per ton. The bid submitted doesn't exceed the 2018 maintenance overlay budget, and BOCC approved HRP program. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal. Recommendation: Public Works recommends approval of renewal for Aggregate Industries contract for Hot and Warm Mix Asphalt Supply for 2018 (south county only) Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Approve Recommendation Schedule Work Session Other/Comments: a:PIA, w I lie') CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND AGGREGATE INDUSTRIES This Agreement Extension/Renewal ("Renewal"), made and entered into a day of February 2018, 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 mate Industries hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-0631 approved on 3/29/17. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on 3/31/18. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 411118 and will end on 3/31/19. • 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. the 2017 Bid Schedule of the original contract shall be replaced with the attached 2018 Bid Schedule, which is incorporated herein. 2. The original contract price shall be modified to no more than $2,962,015.00 for the contract period between April 1, 2018 and March 31, 2019 • 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: **AAA _114.9.4464' Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair LIAR 0 7 2018 ATTEST: Weld BY. ..e• -a411.) ( • t-'C.r..19r lam. Deputy Clerk to 020/7- a t 5-! BID SCHEDULE (based on estimated 2018 quantities) Aggregate Industries ITEM # EM QUANTITY{ N!T 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (25 % RAP) NORTH 0 TON SOUTH 0 TON $42.16 0 Dahlia Longmont 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 0 TON SOUTH 63,700 TON $41.15 $2,621,255.00 Dahlia Longmont 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 0 TON SOUTH 7,000 TON $48.68 $340,760.00 Dahlia Longmont 403.00 WARM MIX ASPHALT (GRADING -S) NORTH 0 TON (ASPHALT)(100) (PG 64-22) (25% RAP) SOUTH 0 TON $42.16 0 Dahlia Longmont 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY GALLON Total $2,962,015.00 CERTIFICATE OF LIABILITY INSURANCE DWTF(MMIOLVYYYY) 0647/7017 TITS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. if the certificate holder Is an ADDITIONAL INSIMEID, the pbHcy(I.e) musthave ADDITIONAL MIMED provislons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsMnant(s), PRODUCER DX AO» Risk Services Southwest, Inc. rtb4: (866) 283-7122IUUCHOu5tOn TXOfficeNak (800) 363-0105 5555 san Felipe Suite 1500 Houston TX 77056 USA E-0WL ADDRESS: INSURERS) APPORDNO COVERAGE NAIC M IMaURED Aggregate Industries Management, Inc. 6211 Ann Arbor Road Dundee MI 48131 USA COVERAGES INSURER ACE American Insurance Company INSURERS: Indemnity Insurance Co of North America NIURERC: ACE Fire Underwriters Insurance CO, e■umea D American Guarantee & Liability Ins Co 22667 43575 20702 26247 INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POUFS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LU$ION8 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limes shows are as requested IIIq��gE) TYPE OF INSURANCE "•,I4IT POLICY WEBER %� ±) uISTe X COMMERCIAL GENERAL LLAEUJTY H00G27871914 , �t ij2+ EACH OCCURRENCE $2,000,000 1 CLAIMS -MADE X❑ OCCUR DuaMGE 10 NENiE0 $2,000,000 PRIMPS MS waminorl MED EXP Am arm Pbaon) $50,000 PERSONALS ADV INJURY 52.000,000 AGGREGATE LIMIrAPPLIES PER: GENERAL AGGREGATE $4,000,.000 — POUCY %JECT �LOC PRODUCTS -COMPIOPAGO $4,000,000 OTHER: A AUTOMOBILELIABSJTY 15A -M109064102 Auto (ADS) 10/01/201 0/01/2015 camera° smote Ulan Comoro 55,000,000 X ANYAUTO e. BODILY INJURY ( ParInman) --, OWNED ONLY ECME01A:ED AUTOS BODILY INJURY (Per amides* .-- HIRED AUTOS ONLY — _ NON -OWNED AUTOS ONLY PR OAMR3a D X UMBRELLA LIAR X OCCUR AUC014440101 10/01/2017i0/01/201b jOCCURRENCE Si0,00ttoog EXCESS LIA6 CLAIMS -MADE AGORCGATE 530,000,000 080 *IMWX s MMelonscowposrAno,AMn EMPLOYERS' LIABILITY wt.RC646202a9 lYC (AD$) 10/Ol/201710/Dl/201b IPpr trnN )( :TA7uTE t�i- C ANYPROPI !TORIPARTNER/EXECUTIVE O EXCLUDED? NIA SCFC6462O277 10/01/2017 10/01/2015 E.L. EACH ACCIDENT $1,000 �QQO B underNIIIMIY IN MIN N (WI) E.L. DISEASE -EA EMPLOYEE $1,000,900 OF OPER A:GONG MN. E.L. DISEASE -POLICY LIMIT $1, 000,000 — ■ I DESCRIPTION OF OPERATIONS ILOCATIQWS I MIMES (AC ell 767, Aoolueol emoodI. 1.I.dr, May IN aeMe,.d E mow Wass Is w*dwd) 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 1i 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 Mon -contributory to other insurance available to an Additional Insured, but only in accordance with the d policy's provisions. CANCELLATION Weld County 1150 "0" St. Greeley Co 80631 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPMAflON DATE THEREOF, NOTICE VMLL BE DELIVERED IN ACCORDANCE wrrR THE POLICY PROVISIONS. Holder Identifier iIh Z 3 f ■ V AUTHORIZED REPRESENTATIVE a��f.�Sr �Irs4ilRll/ V/K/A4faGe{��falA ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000035837 LOC 11<: ADDITIONAL RE of AGENCY Aon Risk Services Southwest, Inc. NAMED INSURED _�- _ Aggregate Industries Management, Inc. POLICY NUMBER see Certificate Number: 570068644993 CARRER See Certificate Number: 570068644993 A,1,1.11A1.•. wmmomarva NAIL Coos EFFECTNE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liablk r Insurance Additional Named Insureds Aggregate Industries - Northeast Region, Inc. Tiger Minimix, Inc. Aggregate Industries - MWR, Inc. Kost, Iht. Super Concrete Corporation Bardon, Inc. D/B/A Aggregate Industries - Mar Aggregate Industries Land Company, Inc. Aggregate Industries - WCR, Inc. Aggregate Industries Management, Inc. Aggregate Industries - SWR, Inc. (D/B/A Frehner construction Company) Meyer Material Company, LLC Lattimore Materials Corp. ACORD Cot 1200Broi) m 20O5 ACORD CORPORATION. A0 dgMi rasa TNA ACORD name and logo are registered marks ofACORD INCREASE RIDER To be attached to and form part of Bond Number 58739385 effective 3/21/2017 issued by the WESTERNSURETY COMPANY in the amount of Two Million Two Hundred Twenty -Six Thousand Seven Hundred F 8 00t'o0 Dollars ($2.226,750.00 ), on behalf of AGGREGATE INDUSTRIES - WCR, INC. as Principal and in favor of WELD COUNTY 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: Two Minton Twp Hundred Twenty-Slx Thousand Seven Hundred Fifty & 001100 TO: Two Million Nine Hundred Sixty Two Thousand Fifteen and 00/100 Dollars ($$2,226,750.00 ) Dollars ($2,962,015.00 ) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be effective 3/21/18 Signed, Sealed and Dated this 2/22/16 A(_(3H GITE INDUSTRI S WCR. INC WESTERN SURETY COMPANY By: Lisa A. Ward (Principal) (Surety) Attorney -in -Fact Wien Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTOMf(Y$T FACT Kew M Idea By There heseaMlba WESTERN SURETY CC ANY, *South Dakota oorporadot, ea a duly otpnbad and aritegoetpo,don having Its principal o9iae is the City of Sims Pah, and Star of South l kale. and tint it don by Anna of the sipaalae sod Baal book affited Yaahy make matetbute and appoint Lupe Tyler, Lim A Ward, Wendy W Stuckey, Michael J Bernd, Aaoop Chawla Adlakha, Nasty Thomas, Donna L Melia L Fortier, Vanessa Dominant; Individually of floras, TX, it one std Eyelid Mtagap(s}le.lyat with MI power sod aahmity kreby eodbnad In sign, rat gad meta for sod an its Miff bosh, tadertahlseomid ohm *aggro larnatsariof duller Wise - In Unlimited Amounts - and rbald it thereby as fully pd to16samesmutaifmaehlertnmsemwensignedbyadulyathmefeedoB7ceroftheq uid.J the meta of mu Abney. Peithu s atla the sodality heed, vises, ate tsoteby mead sad oon&rtd. This Power of Aunts y is mods end mooned patimmt to and by mho* of the By-law pdnted on the rwme head, daly erupted, es invbared. by tied crab tidersofthecommotion, la Whim M o se& WESTERN SURETY COMPANY Ins caused than peeseate to be sips! by its Mee President sad its oarppsr mite be hem affixed on the 2lat dry of July, 2016. State *floods Waite Comity of Mhasheia } WESTERN SURETY COMPANY I T Bodlm, Vies Pemlerat On this 21st day of holy, 2016, balms me paama0y mane Paul T. BmBat, to me know% who, being by m duly came. did depose and spy: that he midis in the City of Slow Pde. Sala of Seth Deb" thstMilitia Yes mteaidaut of WEBT6RN SURETY COMPANY dwcffied la sod sleek am used the above ioaermeat; that be Imam the sal of said oopeatiom bet the ant affixed to the said iaraaaetl le inch aotmoads sal; tW a was so diked pursued to utdhotity give by the Bead of Dune= of mid moonrise god that be slued hb mime thereto pmamat to Like authority, sod a lotowledges same to bethe act end deed of midocepodfm. My commie*" 'opine lures 2l.2021 C1IT1fCATa I, L Nelson, Assistant Sanitary of WESTERN SURETY COMPANY do hereby wetly that the tower of Attorney bmdwove set forth is sill in knee, end further citify that the By -Law of the aocpoestim printed ott the tears, hereof I still in forest in hod amp' wheerr[I have hereunto aabamibed my memo end affixed the sal of the mid r ocporatioa this day of ' Pun, P4230.7.2012 WESTERN SURETY COMPANY L Nihon. tiSometary CONTINUATION CERTIFICATE WESTERN SURETY COMPANY , Surety upon a certain Bond No. 58739385 dated ecbctive 03/21/2017 (MONTH -DAY -YEAR) on behalf of AGGREGATE INDUSTRIES - WCR, INC. (PRINCIPAL) and in favor of W ELO COUNTY (OBLIGEE) does hd;zeby continue said bond in farce the the Airtime period beginning on 3/21/2018 (MONTH -DAY -YEAR) and ending on 3/21/2019 (MONTH -DAY -YEAR) Anteing of bond $2,962,015.00 Deneiption of bond Hot and Wann Mx Asphalt I Asphalt Supply 2018 Premium: $ 10,367.00 PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and m that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be tale and that the said Surety's ague liability under said bond and this and all such Continuation Certificates on account of all committed during the period (regardless of the number of yenta) said bond had been and shall be in force, shall not in any event the amount of said bond as hercinbefose set forth. Signed and dated on February 22, 2018 (MONTH -DAY -YEAR) WESTERN SURETY COMPANY By ATTORNEY -IN -FACT Lisa A. Ward Company POWER OF ATTORNEYAITORNEY APPOINTING DIDIVIDUAL ATro'RNEY4N FACT Kaow AA Mies By Tambora*,Tit WESTERN SURETY COMPANY, a South Dakota craponnionas a dadYmmand and witting empo having its pdncip el office in the City of Sion Pala, wad Staa of South Dakna and that it doss by virtu of the siesae and sal herein dated bey make, coastibdaso i appoint Lupe Tyler, t b, A Ward, Wanly W Stuckey. Michael J Harrod, Amor Chant* Adlakia, Nancy Thome, Donna L Mauls, s, Mails L Fattier, Vanessa Dontitgua indiridually of Hott&i TX, is true sad ha mbi Agoompayin.Past w[m *a power and ationtrhmsbY oodbnod m sipt,aat ad MGM tar sad on he baltaif bolds. iladelabbila mid ak robigatary imatamonta of Ma rlame - In unIbinited Aloroanb - a dtobinditRaoysiW1yandarhesussaieseairtuob instamiala web Mood by a duly authaisa affiarofthoomplatdos and al the was ofsid Aim" poimara to (lie hesdty siren, ate hereby notified and attafinatt This Powsrof Attonwy is molt ie and by m ability orate By -Leer priotod as ifs mane bwef doh, adopsl, as indicated.by the Ithosholdoe afthe fa Wham labiatioafi PASTERN SURETY COMPANY Me canoed those plants to be signed by its Vial Balked aid is mama sal to be harm affixed on this 21* dsyofJaly, 2016. WESTERN SURETY COMPANY StateofSorm Dolma County of Minnobaba On this 2Ie day of Jay, 2016, beam es.plasontay came Pail T. Beufa to me known. who, being by as day amok did depose and aq: the be weld= in tau City of Slaus Pal6, StaaafSotdhll de*: that dais tabs Via Provident of WESTERN SURBfY COMPANY dscdbd i sad which waned the above icsktantm: that it, imam tba awl of add eaoposatitem that the std And to the add Menuuat ia sob meows ask: (WI it we so Obeid pmuusst to authority gives by the Bawd of of aid capondita and that it, signed hi oats tiara panne to III rotiudty ad entsbotbihau sane to be thaaetand dad of said My eumadieekee wine June23.2021 CERTIFICATE -• M*, y Publio I, >< Nelson, Asiias Sammy of WESTERN SURETY COMPANY do hereby env* that the Power of Anonsy bsosinthave ad Rath is still in 6rtag al firrtharcentiBt dud ms By -Law of thaaaapoaaioo painted o a Ow tame area* still in firm i t tathsay whereof l leave hem= saironled my rift and afaad the sal otitis said oeapatahoa. llfa " «day of WESTERN SURETY COMPANY Faun P4280.7-2012 MEMORAND TO: TO: Clerk to the Board DATE: February 9, 201.8 FROM: Neal Bowers -Public Works Dept. SUBJECT: CONSENT AGENDA Acceptance of Contract Agreement RE: Renew/Extend 2018 Asphalt Contract with Martin Marietta Materials Inc. CONTRACT ID: # l(P�9 Acceptance of a Contract Extension/Renewal with Asphalt price increase. C,f0ALRALA-1-3,vv(-0. oc,2-4,/g/ a-ou-O//e-6A)) 02- /4-/r cavil —Dt2N CGco-►4 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2018 Asphalt Price Increase DEPARTMENT: Public Works DATE: 1/31/18 PERSON REQUESTING: Jay McDonald Brief description of the problem/issue: The conditions for renewal of the asphalt contract for 2018 requires a price increase over 2017 of not more than .5%. The contract specifies the ENR Index for maximum allowed price increases from one year to the next. Martin Marietta, who was the sole bidder for these products, has requested increases of from 1.5% to 2.5% depending on the product purchased. The attached spreadsheet shows the products, quantities anticipated, the ENR allowed increase, Martin Marietta's requested increase, the Boulder/Denver index allowed increase (3.7%), and the Five City Nationwide index allowed increase (5%). Martin Marietta owns the only working asphalt plant in the Greeley area. The only other viable plant is owned and operated by Connell Resources located along Interstate 25 between Windsor and Timnath. If we rebid these products we are certain to see a $1,400 increase over what is allowed versus what is requested, and it's quite possible we could see as much as a $3,200 increase if the vendor should choose to use the Denver/Boulder index. The requested increase amounts to $1,400 of a $1.6 million anticipated purchase. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept the requested price increases and renew the contract with Martin Marietta. 2. Rebid the asphalt purchases for 2018. Recommendation: Because Martin Marietta operates the only asphalt plant in the Greeley area, we are certain to see a price increase of the amount requested, and it's quite possible the increase would be greater if the products are rebid, we recommend option number one. Approve Recommendation Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Schedule Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 22 day ofjanuarv, 2Q2&, 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. Inc„ hereinafter referred to as the "Contractor". WHEREAS the parties entered Into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-063L approved on 3/29/2017. WHEREAS the parties hereby agree to extend the term of the Original Agreement In accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, In consideration of the premises, the parties hereto covenant and agree as follows: * The Original Agreement will end on 3/31/2018. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 4/1/2018, and will end on 3/31/2019. • 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. The 2017 Bid Schedule of the original contract shall be replaced with the attached 2018 Bid Schedule, which is incorporated herein. 2. The original contract price shall be modified to no more than $3,886,850.00 for the contract period between April 1, 2018 and March 31, 2019. • All other terms and conditions of the Original Agreement remain unchanged, IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO Steve Moreno, Chair FER 1 4 201$ ATTEST: •• JeL; ZA Weld ' ou t £ ierk he Bo - rd BY: Deputy Clerk {'• the : oard oZo/7- Del BID SCHEDULE (based on estimatec_2010 quantities Martin Marietta Materials, Inc. ITEM #1 ITEM QUANTITY UNIT D PRICE PER UNIT CONTRACT PLANY LOCATION PRICE 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (25 % RAP) NORTH 1200 TON $50.50 $60,600.00 925 N 35th Ave or 16486 CR 13 SOUTH 0 TON 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 59,100 TON $47.70 $2,819,070.00 925 N 35th Ave or 16486 CR 13 SOUTH 0 TON 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 14,600 TON $58.30 $851,180.00 925 N 35'' Ave or 16486 CR 13 SOUTH 0 TON 403.00 WARM MIX ASPHALT (GRADING -S) NORTH 0 TON $48.20 0 925 N 35th Ave or 16486 CR 13 (ASPHALT)(100) (PG 64-22) (25% RAP) SOUTH 0 TON 401.00 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON $3.90 $156,000.00 925 N 35th Ave or 16486 CR 13 Total $3,886,850.00 SURETY RIDER Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 To he attached to and form a part of Bond No. 016071729 Type of Bond: Supply Bond dated effective 03/20/2017 (MONTH -DAY -YEAR) executed by Martin Marietta Materials, Inc. (PRINCIPAL) and by Liberty Mutual Insurance Company , as Surety, , as Principal, in favor of weld County (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the amount for the subject bond number to be hereby increased to $3,886,850.00. Current bond amount: $2,807,500.00 Increase amount: $1,079,350.00 New bond amount: $3,886,850.00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 01/29/2018 (MONTH -DAY -YEAR) Signed and Sealed 02 /05/2018 By: By: (MONTH -DAY -YEAR) Martin Marietta Materials, Inc. (PRINCIPAL) (PRINCIPAL) yron Creech, Vice President and Treasurer Liberty Mutual Insurance Company (SURETY) (ATTORN 'IN -FACT) Rebeca L. Gomez Porras S-0443/LM 8/08 XDP THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ' 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. Certificate No. 7711253 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY 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; Kristy W. Kretzschmar, Rebeca L. Gomez Porras; Todd Crump 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 deliver, for and on its behalf as surety and as its act and deed, any and ail 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 ownproper 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 4th day of April , 2017 m co Oa .a 3'rn ate., O Cto cow IS ry '�a0+ E —CA1 to g Zv ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Westrican Insurance Company By: a� STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 4th day of April , 2017 before me personally appeared David M. Carey, who acknowledged himself to be 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. COMMONWEALTH OF PENNSYLVANIA Notarial Seel Teresa Pastella, Notary Public Upper Marion Twp., Montgomery County My Commission Expires March 28, 2021 Member, Pennsylvania Association of Notaries David M. Care , Assistant Secretary By: UJ /hateil4) Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant o 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 Casually 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 5' `day of By: .20/f Renee C L : _ , ssistant Secretary 0 LMS_12873_022017 193 of 200 Bond 018071729 SAMPLE SUPPLY CONTRACT BOND Martin Marietta KNOW ALL MEN BY THESE PRESENTS, That, Materbls, Inc. as Principal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) with Its local office at 1800 N. Taft Hill Rd., Fort Collins, CO 80521 and Ulwty Mutual insurance Co_ as Surety, (hereinafter called Surety), located a1450 Plymouth Rd. Ste. 400, Plymouth Meeting, PA (here insert full name and address or legal title of Surety) 19462 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of Two Million Eloht Hundred Seven Thousand Five Hundred Dollars and Zero Cents (hero insert full dame and address or legal title of the Buyer) Weld County - Public Works, 116O O Street, Greeley, CO 80631 for the payment of which awls, well a nd 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 Slippier has entered foto enantract with the Buyer dated March El ZO,2fio furnish the following briefly described supplies: sod vr which contract is hereby referred to and wade a part hereof as fully and to the same extent as If copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS await -nom 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 at said contract, at the time(s), and In the manner therein specified. This includes any reasonable and additional coats 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 havesigned and sealed this instrument this them0IlOv (Seal) Todd Crum, Insurance Manner (Surety) (Seal) Rebeca i.. Gomez Porraa, Attorney -In -Fact (Title) Attach valid Corporate Power of Attorney Form ... Yv tri f (Witness) Kitty W. Kretzschmar BID REQUEST #81700067 Page 23 A4RQ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/30/2018 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 Tryon Street, Suite 3600 Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. O822889 J56965-1,MMM-GAWX-17-18 CONTACT •- f►AME FAX P)pfC No.Er• to/C<Ne) E*AIL ADDRESS. INSURERS) AFFORDING COVERAGE NAIC INSURER A : ACE American Insurance Company 22667 INSURED Martin Marietta Materials, Inc. Attn: Todd Crump 2710 Wycliff Road PO Box 30013 Raleigh, NC 27622 INSURER 8 : indemnity Ins Co Of North America 43575 INSURER C; A I And CasuritV Ins CO 20699 _ INSURER O: INSURER E INSURER F CERTIFICATE NUMBER: ATL-004700191-04 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR TYPE OF INSURANCE At1DLSUBR I ae WWI POLICY NUMBER POLICY EFF /MMWDD/YYYY) POLICY EXP 1MMlDDITYYyl LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG27871525 09/30/2017 09/30/2018 EACH OCCURRENCE $ 3,000,000 DAMAGE TO RENTED PREMISES (Ea ocprrrenceGy) $ 50,000 CLAIMS -MADE X OCCUR MED EXP Any one person) $ PERSONAL 8 ADV INJURY $ 3,000'000 GENERAL AGGREGATE $ 6,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO - JECT PER: LOC PRODUCTS-COMP/OPAGG $ 6,000,000 $ A AUTOMOBILE X .-�m-. X LIABILITY ANY AUTO OWNED —. X SCHEDULED AUTOS NON -OWNED AUTOS ONLY ISAH09063717 09/30/2017 09/30/2018 COMBINED SINGLE LIMIT Ma acridan0 $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (P8r' accident) $ $ C X - UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE G28167581002 09/30/2017 09/30/2018 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ OED I SI RETENTQN$ 8 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE ( OFFICER/MEMBER EXCLUDED? 1 N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA' WLRC64619457 (AOS) WLRC64619792 (CA) 09130)2017 09/30/2017 09130/2018 09/30/2018 x I PETI:ITE I I OT E.L. EACH ACCIDENT $ 2,000,000 - $ 2,000,000 E.L. DISEASE - EA EMPLOYE S 2,000,000 E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County, its officers, agents and employees is/are additiona insured under General Liability 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, Automobile Liability, and Workers Compensation in favor of (he certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General liability and auto liability insurance apply on a primary and non-contributory basis, if required by written contract, and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Weld County - Public Works 1150 O Street Greely, CO 80631 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 Stefan/ ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 EARLIER NOTICE OF CANCELLATION AND NON-RENEWALENDORSEMENT Named InsNred.-. • Martin Marietta-. Inc. Endorsement Number 13 Policy Symbol HDO Policy Number G27871525 Policy Period 09/30/2017 to 09/30/2018 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company nsert the policy number. The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERICIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTOMOBILE COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS GENERAL LIABILITY POLICY RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM A. EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason, other than nonpayment of premium, the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above, this provision does not apply. B. EARLIER NOTICE OF NON -RENEWAL If we decide not to renew this policy for any reason other than nonpayment of premium, the minimum number of days for notice of non -renewal as provided by any applicable state non -renewal endorsement is increased to 90 days. If the state non -renewal endorsement provides for more than the number of days notice of non -renewal shown above, this provision does not apply. Authorized Representative ALL -10617b (06/14) ©Chubb. 2016. All rights reserved. Page 1 of 1 3 EARLIER NOTICE OF CANCELLATION AND NON -RENEWAL ENDORSEMENT Named Insured Maftih Marietta Materials, Inc. Endorsement Number 3 Policy Symbol ISA Policy Number H09063717 Policy Period 09/30/2017 to 09/30/2018 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company The remainder of the informavon is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERICIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTOMOBILE COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS GENERAL LIABILITY POLICY RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM A. EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason, other than nonpayment of premium, the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above, this provision does not apply. B. EARLIER NOTICE OF NON -RENEWAL If we decide not to renew this policy for any reason other than nonpayment of premium, the minimum number of days for notice of non -renewal as provided by any applicable state non -renewal endorsement is increased to 90 days. If the state non -renewal endorsement provides for more than the number of days notice of non -renewal shown above, this provision does not apply. Authorized Representative ALL -10617b (06/14) ©Chubb. 2016. All rights reserved. Page 1 of 1 Workws' Compensation and Employers' L.(abiiity Policy Named insured MARTIN MARIETTA MATERIALS, INC. 2710 WYCI_IFF RC) PC BOX 30013 RALEIGH NC 27607 Eador5ernee, Pt-IlLy Number Symbol WLR t‘iusrlber-t;6,a81gq 7 " y Period 9-30-2017 TO Q9-30-2018 e ifective Date of i rdorsemoT 09-30.-2017 issued Ey (Name of Insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA In., '"rr1 the policy minter, The rt!rn-h Jer of the ;rom-atio-, is to be ccmp eted only uihsn this endorser. _u a :as,.leJ :.aria. ant to the preparoation at the prdity. EARLIER NOTICE OF CANCELLATION AND NON RENEWAL ENDORSEMENT Paragraphs A. and S. below apply to all States shown in item 3.A. of the Information Page except as indicated below. A. EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason, other than nonpayment of premium, the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 00 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above, this provision does not apply. B. EARLIER NOTICE OF NON -RENEWAL If we decide not to renew this policy for any reason other than non payment of premium, the minimum number of days for notice of non -renewal as provided by any applicable state non -renewal endorsement is increased to 0 days. If the state non renewal endorsement provides for more than the number of days notice of non -renewal shown above, this provision does not apply. State Exceptions ARIZONA Not applicable - Paragraph A NEW JERSEY Not applicable WISCONSIN Not applicable Ste- is #7696 WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & MARTIN MARIETTA MATERIALS INC. THIS AGREEMENT is made and entered into this 15th day of March, 2017, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Martin Marietta Materials Inc whose address is who whose address is 1800 N. Taft Hill Rd. Fort Collins, CO 80521, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot and Warm Mix Asphalt / Asphalt Supply 2017. (North County Only) with possible 2, 1 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. B 1700057". 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. e.,,,x_rez.‘zart_dec" o3-ate-17 010/7-66.31 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 itemit shall be construed to mean that item as specified, details, capacities and ratings. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any material to be purchased shall be of the quality defined and suitable to the use for which it is intended. 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 $2,807,500.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended hinds 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 he 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 Fxhibit 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, "CONPIDF,NTIAL." 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. 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. 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 li-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 1 -;-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.K.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 thatthe County will be notified of any Suction, 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 he 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 he 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 confonn 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. 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.: Regional Vice President, David I. Lemesany Address: 1800 N. Taft hill rd. Address: Fort Collins, CO 80521 E-mail: jerimy.runner@martinmarietta.com Facsi mi le:970-407-3902 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@co.weld.co.us 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/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement. with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. ITNESS WHEREOF, the parties hereto have signed this Agreement this Cel1day of .2017. CONTRACTOR At By: Name: na,.,,n C. Title: ?ty_,,,,,,,,, ai/Ca Date D .3//7//7 WELD COUNTY: ATTEST: W. -€1 BOARD OF COUNTY COMMISSIONERS Weld ty Clerk to the B , , WELD COUNTY, COLO BY: Deputy Cl Julie A. Cozad, Chair MAR 2 9 2017 ay/ 7 06.3-1 Pit Alt/ CI NOTICE OF AWARD Hot And Warm Mix Asohalt / Asphalt Limb" 2017 (North County) To: Martin Marietta Materials Inc. 1800 N. Taft Hill Rd. Fort Collins. CO 80521 Project Description: (North County) Hot And Warm Mix Asphalt / Asphalt Supply 2017 I "North County" The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2017, 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 $2,807,500.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance 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 17 day of March, 2017 Weld o My olorado, Owner Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Notin- •f Award is hereby acknowledged (Contractor) Dated this /7>ry day of .4strt. d .20 /2 By %.ac, n ( Title: �6 BID SCHEDULE (based on estimated 2017 quantities) Martin Marietta Materials, Inc. ITEM N ITEM QUANTITY UNIT BID PRICk CONTRACT PRICE PLANT PER UNIT LOCATION 403.00 HOT MIX ASPHALT (GRADING-SX) (AS PHALT)(100) (PG -64-22) (25 RAP) NORTH 0 TON 49.70 925 N.35'h Ave Greeley, CO SOUTH 0 TON 42.90 6395 Pecos Denver, CO 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 56,500 TON 47.00 $2,655,500.00 925 N.35th Ave Greeley, CO SOUTH 0 TON 42.00 6395 Pecos Denver, CO 403.00 HOT MIX ASPHALT (GRADI NG-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 0 TON 58.30 925 N,35`h Ave Greeley, CO SOUTH 0 TON 51.50 6395 Pecos Denver, CO 403.00 WARM MIX ASPHALT (GRADING —S) NORTH 0 TON 47.50 925 N.35Ave Greeley, CO (ASPHALT)(100) (PG 64-22) (25% RAP) SOUTH 0 TON 45.00 6395 Pecos Denver, CO 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40,000 GALLON 3.80 $152,000.00 925 N.35"' Ave Greeley, CO BID REQUEST#81700057 Page 13 Bond 016071729 SAMPLE SUPPLY CONTRACT BOND Martin Marietta KNOW ALL MEN BY THESE PRESENTS, That, Materials, Inc. as Ptindpal, (hereinafter called the Supplier), (here insert full name and address or legal title of Supplier) with its local office at 1800 N. Taft Hill Rd., Fort Collins, CO 80521 and I ibertv Mutual Insurance Co as Surety, (hereinafter called Surety), located at 450 Plymouth Rd. Ste. 400, Plymouth Meeting, PA (here insert full name and address or legal title of Surety) 19462 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the just and full sum of Two Million Eight Hundred Seven Thousand Five Hundred Dollars and Zero Cents (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, welt 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 iMo foerrn er)rc�rntract with the Buyer dated March 17 2017 to furnish the following briefly described supplies: Asphalt Civil/114V 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 20tiday of 1:10 44. l) (Seal) Todd Crump, Insurance Manager (Title) r ..a,G t' (1NIbsen) �-K'"LLnsly W. iSm ar (.tli1O.�+f (Surety) (Seal) Rebeca L. GGmez Porras, Attorney -In -Fact (Title) Attach valid Corporate Power of Attorney Form 4. _� L & ) (Witness) Kristy W. retzschmar BID REQUEST /B1700057 Page 23 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. Certificate No, 705e75e American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations 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 Stale of Massachusetts, and West American Insurance Company is acorporation duly organized underthe laws of the State of Indiana (herein colectively caked the 'Companies", pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech; grisly W. Kretzschmar, Rebeca L Gomez Porras; Todd Crump all of the city of Raleigh state of NC each indMdualy If there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, ter and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obigations, in pursuance of these presents and shale 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 tNs 22nd day of August 2016 I C TO j 3 r ion iW > i• 5 _9 m I- rot is era! 1 PE jc :s •u IC 'I'5 :v STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 22nd day of August 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Are and Cesuety Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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 Plymouth Meeting, Pennsylvania, on the day and year first above written. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West A,rrarican Insurance Company BY David M. C Assistant Secretary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Peste is. Notary Public Plymouth Twp., Montgomery Counly My Commission Expires March 29.2017 Member, Pennsylvania Association of Notaries a, aliaai Teresa Pestella, Notary Public This Power of Attorney is made and executed pursuant lo by byaugwrityofthe fotowing By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in fug farce and effect reading as blows: 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, shal 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 at undertakings, bonds, recognizances and other surety obligations. Such attorneys -u -fact subject to the irritations set forth in their respective powers of attorney, shall have fug 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 XI — 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, shag 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 surely obligations. Such attorneys -in -fact subject to the imitations set forth in their respective powers of attorney, shall have lull 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, reccgnizances 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 kb connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, 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. 2:14n IN TESTRltONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this . day of 20n__. By: Gregory W. Davenport, Assistant Secretary a I- Q M o-5 @SI C 10 of am o .c O a. en o c ma ma go CV EIt C? 00 or H'- LMa_12B73_122013 119 of 300 ACORtO� `�. CERTIFICATE OF LIABILITY INSURANCE DATE IMWDDrYYV V I 93/20/20'7 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 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 Trycn Street, Scale 3600 Charlotte, NC 28202 AUn CA NON-RESIDENT NO 0027889 158965-1.MMM-GAWX•16-17 CONTACT PHONy E [FAX Mc, No.Esrc_-- 11N Not— _-_ - _ _ EMAIL ADDRESS '1 _ _ — — NAIC C -- INSURERIS) AFFORDING COVERAGE INSURER A : ACE Amer can Instil -arm Company 72667 _ INSURED Martin Marietta Materials, Inc Allr. Todd Crump 2710 Wyclift Road PO Boa 30013 Raleigh. NC 27622 INSURER B: Indemnity Ins Co Cl North America 43575 —. INSURER c . North American Elle insurance Company 297W.) 42757 INSURER D : Agri General Insurance Company - - INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: ATL 004159448.01 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. MISR LTR ^ TYPE OF INSURANCE A POLICY NUMBER POLICY EFF POLICY UP In1<<t1DDATTY1 LIMITS A X COMMERCIAL GENERAL DABIUTY �Ht70G27857C12 .LMwpprYYYY1 09r30/2016 09ii(12017 EAGHOCCURREIJCE S 3,000,000 + 1 GLAIMS•MADE r X OCCUR IxWrrE TO RENTED PREMISES Ma $ 50,000 _ .• MED EXP ;Ary one person) S _ _ PERSONAL & ADV INJURY s 3,000,000 GEN'n AGGREGATE LIMIT POLICY APPLIES PER. X PRI La JEC t/T f OTHER. GENERAL AGGREGATE S 6,000,000 PRODUCTS • COMPIOP AGG $ 6,000,000 S A AUTOMOBILE X — , X LIABILITY ANY AUTO ALL OWNED ' X SCHEDULED AUTOS ED AUTOS NAH09049617 09/3012016 09/30/2017 COMBINED SrNGLE_IMlT (Sc accident)_ $ 3,000.000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROP>=RTY DAMAGE L�ypnll _ S 3 X UMBRELLA LAB EXCESS A LB X OCCUR CLAIMS•MADE UMB200030002 39/30/2016 09/30/2017 EACH OCCURRENCE _AGGREGATE f 1,000,000 S x,000, 000 DEO 1 1 RETENTION S _ S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLJOEU? n (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below NIA WLRC49100723 (AOS) 09/3012016 09/30/2017 OTH- X I SPER TATUTE II ER WLRC49100735(TN) 09/30/2016 09/304017 E LEACH " S 00 WI R1: 49103268 CA I ) 09/30/2016 09/301201/ E L DISEASE . • LEAANr _ thiPLOYEFki 7.000,000 EL DISEASE - POLICY LIM^.T s 7.003.000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached it more apace is required) CerlilLale holler is additional insured under General Liability and Aulorrobile Liability as their interest may appear, if required by written ooniracl with the named Insured, cubjer:t lo In !erms and cunddions of tie polices A waivnr al subrogation applies under General Liabiity Automobile Liability, and Workers Compensation in favor of the certificate holder: it required by written contract with the narrmd insJive. sublect to the terms and conditions of the policies General IraDifly and auto liability insurance apply on a primary and non-contributory basis, it required by written ronlraci and subjeCI 10 policy terms and condilion5 CERTIFICATE HOLDER CANCELLATION Walt) County - Public Works 1'50 'g Street Greely CO 50631 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 FZ ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HDO G27857012 Endorsement Numrer 3 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to Ail locations where you perform work for such additional include as an additional insured under a written insured pursuant to any such written contract. contract, provided such contract was entered into prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that wnich you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement: or 2. Available under the apptcable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown irr the Declarations. (g). Insurance Services Office, Inc , %012 Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured MARTIN MARIETTA MATERIALS, INC. 2710 WYCLIFF RD RALEIGH NC 27607 Endorsement Number Policy Number Symbol. WLR Number: C49100723 Policy Period 09-30-2016 TO 09-30-2017 Issued By (Name of insurance Company) INDEMNITY INS. CO. OF NORTH AMERICA Insert the policy number. The reminder of the Information Is to be completed only when this endorsement is rss.md subsequent t the Qreperatton of the liicy. Effective Date of Errdorsernent 09-30-2016 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable (or an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS ENTERED INTO PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract fur private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. l Auih.ir:zetl Representative WC 00 03 13 (11/05) Copyright 1982-83, National Council on Compensation ti t t POLICY NUMBER: HDO O27857012 Endorsement Number 2 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was entered into prior to the date of loss. All locations where you are performing operations for such additional insured pursuant to any such written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required oy a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Ail work. including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed: or 2. That portion of "your work" out of which the injury or damage arises has been out to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional !nsureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the add tional insured is required by a contract or agreement, the most we © Insurance Services Office, Iric., 2012 Page 1 of 2 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of insurance shown in the Declarations; Page 2 of 2 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc , 2012 CG 20 10 04 13 2 EARLIER NOTICE OF CANCELLATION AND NON -RENEWAL ENDORSEMENT Named Insured Martin Marietta Materials, Inc. Endorsement Number 5 °olicy Symbol ISA Policy Number H09049617 Policy Period 09/30/2016 to 09/30/2017 Effective Date of Endorsement Issued By (Name of Insurance company) ACE American Insurance Company Insert the policy number The remainder of ormalion us to be completed only when this endorsement is .slued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERICIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTOMOBILE COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS GENERAL LIABILITY POLICY RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM A. EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason, other than nonpayment of premium, the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above, this provision does not apply. B. EARLIER NOTICE OF NON -RENEWAL If we decide not to renew this policy for any reason other than nonpayment of premium, the minimum number of days for notice of non -renewal as provided by any applicable state non -renewal endorsement is increased to 90 days. If the state non -renewal endorsement provides for more than the number of days notice of non -renewal shown above, this provision does not apply. Authorized Representative ALL -106175 (Gti/14) C. 20'4 a Page t of 1 1 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Martin Marietta Materials, Inc. Endorsement Number 1 Policy Symbol ISA Policy Number H09049617 Policy Period 09/30/2016 To 09/30/2017 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company nserl repo cy number The remainder or the information is to 4e completed only when this endOrsemenl is issued suoseouenl to the preparation of he policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was entered into prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA.9L'i740 143/16„ Page 1of' EARLIER NOTICE OF CANCELLATION AND NON -RENEWAL ENDORSEMENT Named Insured Martin Marietta Materials, Inc. Endorsement Number 7 Policy Symbol HDO Poicy Number G27857012 Policy Period 09/30/2016 to 09/30/2017 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company umber Tne rernamder of the mbrma ton is to be completed on when this endorsement Is issued subsequent to the preperetonof the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERICIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTOMOBILE COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS GENERAL LIABILITY POLICY RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM A. EARLIER NOTICE OF CANCELLATION For any statutorily permitted reason, other than nonpayment of premium, the minimum number of days required for notice of cancellation as provided in either the Cancellation Condition of the policy or as amended by any applicable state cancellation endorsement is increased to 90 days. If the state cancellation endorsement provides for more than the number of days notice of cancellation shown above, this provision does not apply. B. EARLIER NOTICE OF NON -RENEWAL If we decide not to renew this policy for any reason other than nonpayment of premium, the minimum number of days for notice of non -renewal as provided by any applicable state non -renewal endorsement is increased to 90 days. If the state non -renewal endorsement provides for more than the number of days notice of non -renewal shown above, this provision does not apply. Authorized Representative ALL•106 I lb (06/14) ;:31ti Page 1 of 1 POLICY NLMBER: HDO G27857012 Endorsement Number 1 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was entered into prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown .n the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds. the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 2 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named insured Martin Marietta Materials, Inc. Endorsement Number 9 Policy Symbol ISA Policy Number H09049617 Polley Period 09/30/2016 To 09/30/2017 Effective Date of Endorsement Issued By (Name of Insurance Company) ACE American Insurance Company Inset the policy number The remainder of the information is to be completed only when Ibis endorsement is issued subsequent to the preoaraVon of the per_c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was entered into prior to the date of loss. Authorized Representative DA -43115a (06/14) Page I of I POLICY NUMBER: HDO G27857012 Endorsement Number: 9 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was entered into prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office, Inc., 2008 Paqif i EXHIBIT A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT AND WARM MIX ASPHALT / ASPHALT SUPPLY 2017 (with options for 2018/2019) February 2017 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B1700057 Page 1 EXHIBIT A TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 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 Instruction to Bidders Insurance Requirements General Specification Bid Proposal (Bid Schedule) Bid Submittal Checklist and Signature Page Receipt of Addenda Bid Bond (Example) Anti -Collusion Affidavit Statement of Qualifications and Subcontractors CONTRACT FORMS Supply Bond (Example) Sample Contract (attached) PROJECT SPECIAL PROVISIONS Index Revision of Section 104, Revision of Section 105, Revision of Section 105, Hot Mix Asphalt Revision of Section 106, Revision of Section 403, Revision of Section 702, Scope of Work Claims for Contract Adjustment Conformity to the Contract of Control of Material Hot Mix Asphalt Bituminous Materials 3 3-8 6-10 11-12 13 14 15 16-17 18 19-22 23 24 25 26 27 27 28 29 BID NO* B1700057 Page 2 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 8, 2017 BID NUMBER:B1700057 DESCRIPTION: Hot and Warm Mix Asphalt/Asphalt Supply 2017 DEPARTMENT: Public Works - Pavement Management MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: February 28, 2017 9:30 a.m. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Hot and warm Mix Asphalt/ Asphalt Supply 2017 (with possible 2, 1-yr renewals) Bids wl 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: 9:30 am. on Febrtery 28.2017 :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 1-8 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 at two locations: On the Weld County Purchasing website at htto://www.co.weld.co.us/Departmentscurchasino/indexhtml .ht nl located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.c om. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to:bid i d s@ ldwe g o v . co m. 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. BID REQUEST #61700057 Page 3 EXHIBIT A 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 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, 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 Director of General Services 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 Director of General Services; 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 BID REQUEST #61700057 Page 4 EXHIBIT A all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #61700057 Page 5 EXHIBIT A 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. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. BID REQUEST #B1700057 Page 6 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: Detailed equipment specifications to include the warranty. 2. Descriptive literature. A. 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. B. 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. BID REQUEST #81700057 Page 7 EXHIBIT A C. 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. D. Employee Financial Interest/Conflict of Interest — C.R.S. §24-18-201 et seq. and §24-60.607. 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. E. 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. F. 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. G. 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. H. 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. 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 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or BID REQUEST #81700057 Page 8 EXHIBIT A 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 coverage's 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. Tvoes 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 bodiy 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 REQUEST #81700057 Page 9 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 coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #61700057 Page 10 EXHIBIT A PURPOSE: Weld County is soliciting bids to supply Weld County with Hot and warm Mix asphalt for 2017. 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, 2018, 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 2017 supply quantities outlined on page 13. 14. The successful vendor shall execute a supply bond for their awarded materials. BID REQUEST #81700057 Page 11 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 Teens 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 2017 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 REQUEST #B1700057 Page 12 EXHIBIT A BID SCHEDULE (based on estimated 2017 quantities) ITEM # EWA QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -6422) (25 % RAP) NORTH 1,000 TON SOUTH 1,000 TON 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 61,000 TON SOUTH 35,000 TON 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 1,000 TON SOUTH 14,000 TON 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (25% RAP) NORTH 1,000 TON SOUTH 1,000 TON 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40,000 GALLON BID REQUEST #81700057 Page 13 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) o Bid Bond (Page 16-17) o Anti -Collusion Affidavit (page 18) o 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. #B1700057. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID REQUEST #81700057 Page 14 EXHIBIT A RECEIPT OF ADDENDA (See Attached Sheet) Hot and Warm Mix Asphalt / Asphalt Supply 2017 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 FIRM NAME: BY: day of 20 TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: ADDRESS: TELEPHONE NO: FAX NO: ATTEST: BID REQUEST #61700057 Page 15 EXHIBIT A SAMPLE BID BOND Hot and Warm Mix Asphalt / Asphalt Supply 2017 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, 2017, for the Hot End Warm Mix Asphalt / Asphalt Supply 2017 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 , 2017, 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 REQUEST #81700057 Page 16 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 REQUEST #81700057 Page 17 cvMImT A 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 pdce(s) and amount of this bid have been arrived at Independently. without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who Is a bidder or potential prime bidder. 2A. Neither the prices) nor the amount of this bid have been disclosed to any other fine or person who is a bidder or potential prime bidder on this project, and will not be w 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. 39. 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 intentionatly 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 rash 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 rid or agreeing or promising to do so on this project. B. 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 form with responsibilities relating to the preparation, approval or submission of my ram'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 nmiaatatement 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. cuaapp/, in or comp.,/ name AT oar 2nd mM,acw3 arm at company name Of mom renege Sr Dom Ti. Sworn to before me this Nosy.-' My,m,m6uw, a,pvas day of. 19 NOTE: This document must be signed in ink. BID REQUEST #81700057 Page 18 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. 1. Name of Bidder(Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: $ B. 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 REQUEST #81700057 Page 19 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, owners representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: BID REQUEST #81700057 Page 20 EXHIBIT A Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID REQUEST #B1700057 Page 21 EXHIBIT A 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 NOTARY day of , 2017. Bidder: Company By: Name: (Please Type) Title: County of ) ss. State of deposes and says that he is of 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 , 2017. (SEAL) Commission Expires Notary Public BID REQUEST #81700057 Page 22 EXHIBIT A SAMPLE SUPPLY CONTRACT BOND KNOW AU. 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 REQUEST #81700057 Page 23 EXHIBIT A INDEX 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 Revision of Section 702, Bituminous Materials 29 The specifications for material supply shall be in accordance with the Colorado Department of Transportation. Standard Specifications for Road and Bridge Construction. 2011, 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 105.22 Dispute Resolution Section 106.01 Source of Supply and Quality Requirements Section 106.02 Material Sources Section 106.03 Samples, Tests, Cited Specifications Section 106.07 Plant Inspections 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 Composite of Mixtures Section 401.03 Aggregates Section 401.04 Filler Section 401.05 Hydrated Lime Section 401.06 Asphalt Cements Section 401.08 Bituminous 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 Plant Mix Bituminous Pavement Section 703.06 Filler Section 712.03 Hydrated Lime 8ID REQUEST #81700057 Page 24 EXHIBIT A 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 (1) ending with "proposed construction" and revise subsection (2) with Approximate quantities to be purchased from all vendors are stated for 2017. Estimated quantities are provided for 2018 through 2019. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2017 through 2018. 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 REQUEST #81700057 Page 25 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: _ Project Inspector: Don Dunker. P.E. County Engineer Josh Holbrook. Inspection Supervisor BID REQUEST #B1700057 Page 26 EXHIBIT A REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF HOT 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 REQUEST #81700057 Page 27 EXHIBIT A REVISION OF SECTION 403 HOT 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)(Asphatt)( 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 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. ADD THE FOLLOWING RAP • 85% of course aggregate should have one or more fractured faces. • 80% of course aggregate should have two or more fractured faces. BID REQUEST #B1700057 Page 28 EXHIBIT A REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO 58-28 58-34 64-22 64-28 70-28 76-28 Test No. Original Binder Properties Flash Point Temp., °C, minimum 230 230 230 230 230 230 T 48 Viscosity at 135 °C, Pa.s, maximum 3 58 3 58 3 64 3 64 3 70 3 76 T 316 T 315 Dynamic shear, Temp. °C, Where G'/Sin 8 @ 10 rad/s ≥1.00 kPa Ductility, 4 'C (5 cm/min.), cm minimum - - - - - Toughness, joules (inch-Ibs) - - - - - _ - Tenacity, joules (inch-Ibs) - - - - _ - - Acid or Alkali Modification (pass -fail) Pass Pass Pass Pass Pass Pass CP-L 2214 RTFO Residue Properties Mass Loss, percent maximum 1.00 CP-L 2215 Dynamic Shear, Temp. °C, where G`'Sin 6 a 10 rad/s a 2.20 kPa 58 58 64 64 70 76 T 315 Elastic Recovery, 25 °C,- percent min. - - 50 50 T 301 Ductility, 4 'C (5 cm/min.), cm minimum - ' PAV residue Properties, aging Temperature 100 °C R 28 Dynamic Shear, Temp. °C, where G`• Sin 6 ia 10 rad/s s 5000 kPe 19 16 25 22 25 28 T 315 Creep Stiffness, @ 60 s, test Temperature in °C _18 -24 -12 -18 -18 -18 T 315 S, Maximum, MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T313 " direct tension, temperature in °C, @ 1 mm/min., where failure strain ≥ 1.0% -18 -24 -12 -18 -18 -18 T 314 ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID REQUEST #61700057 Page 29 EXHIBIT B pm Owning Checklist All of the following cages must be submitted with every bid submittal. Failure to submit env of these documents will dleguallfy your bid. o Bid Schedule/Summary (page 13) o Signature page (page 14) o Receipt of addenda(s), If any, should be signed. (page 15) o Bid Bond (Page 16.17) ❑ Anti -Collusion Affidavit. (page 18) a Statement of Qualification (must be signed and notarized) (pages 19-22) The undersigned, by hls 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. OB1700057. 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 Rd. CITY, STATE, ZIP CODE Fort Collins. Co. 80521 TELEPHONE NO 970 407-3615 FAX 970 407-3902 TAX ID # 56-1848578 PRINTED NAME IT,F.1 David L. Lemesany - Regional Vice President Rocky Mtn. Div. SIGNATURE E-MAIL Ierimy.runner@marti+marietta.com DATE February 20, 2017 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #9843661-0000. "THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID REQUEST #81700057 Page 14 BID SCHEDULE (based on estirnated 2017 quantities) ITEN1 $ 403 00 403.00 ITEM HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG 64-22) (25 % RAP) QUANTITY NORTH 1.000 SOUTH 1.000 UNIT BID PRICE PER UNIT TON TON HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 61.000 TON 49.70 42.90 47.00 403.30 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64 22) (25% RAP) rM _ L I Ir! r SOUTH 35,000 NORTH 1,000 TON TON 42.00 58.30 CONTRACT PRICE 449,.700_..00 PLANT LOCATION 925 N. 35th Ave. Greeley, Co. 6395 Pecos $42,900.00 Denver Co. 925 N. 35th Ave. $2,867,000.00 Greele Co. 6395 Pecos $1,470,000.00 Denver, Co. 925 N. 35th $ 58,300.00 Ave. Greeley,Co. SOUTH "4,000 NORTH 1,000 I :ode 51.50 TON 47.50 45.00 '3.80 $721,000.00 $47,500.00 $45,000.00 $152,000.00 - 6395 Peco Denver, Co. 25 N. 35th ve. reeley, Co. 395 Pecos enver, Co. 25 N. 35th ve. preeley,Co RECEIPT OF ADDENDA (See Attached Sheet) Hot and Warm Mix Aschalt / Aa>h#It Suooly 2013 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 20th day of February , 20 17 FIRM NAME: Martin Marietta Materials, Inc. BY: David L. Lemesany TITLE: Regional Vice Presi - Risk Mt . ;iv. BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: North Carolina ADDRESS: 1800 N. Taft Fill R. Fort Collins, Co. 80521 TELEPHONE NO: 970 407-3615 FAX NO: 970 407-3902 BID REQUEST #81700057 Page 45 BID BONOO Hot and Warm Mix Asphalt / Asphalt Supply 2017 Martin Marietta Materials, Inc., KNOW ALL MEN BY THESE PRESENTS, that incorporated in the Slate of North Carolina (1) as Principal, and Liberty Mutual Insurance Company, incorporated In the State or Massachusetts (2) as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Bid Amount Dollars ($ 5% of the Bid Amount ), lawful money of the United States of America, for the payment of which sum well and truly to he made, we hind 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, 2017, for the Hot and Warm Mix Asphalt / Asphalt Supply 2017 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 R Withdraw said Bid within the time specified, or Pay to the Owner the sun determined upon herein as liquidated damages, and not as a penally, 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 13th day of February , 2017, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned represe tative pu u ntto authority of its governing board. Principal rea bran Address 2710 Wydiff Road ATTEST: Ry au n Welsh, Insurance Analyst ATTEST By: /44 L✓L Raleigh, North Carolina 27607 By: leCOL Rebeca L. Gomez Porras Surety Liberty Mutual insurance Company Address 450 Plymouth Road, Suite 400 Plvmouttb Mgetina. Pennsylvania 19462 - Dan Welsh, insurance Analyst BID REQUEST #81700057 Page 16 (1) Martin Marietta Materials, Inc. has its corporate headquarters located al 2710 Wydiff Road, Raleigh, North Carolina 27607 (2) Liberty Mutual Insurance Company has its corporate headquarters located at 175 Berkeley Street, Boston. Massachusetts 02116 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Pinckney limits the acts ofthose named herein, end they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. Immo American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 CmuallyCompany and The Ohio Casualty Insurance Company arecorporallons duly organized under the laws of the State d New Hampshire, that L'Eetty Mutual Insurance Company is a corporation duly organized under the law ofthe State of Massachusetts, aid Wed American Insurance Company Is acorporation dry organized under the lava of one State of Indiana (herein collectively called the 'Companies", pursuant to end by authority herein se brth, does hereby name, constitute and appoint Byron Creech; misty W. Kretzschm lr; Rebeca L. Gomez Parses; Todd Crumo al of to My of Raleigh slate of NC each Individually if there be more than me named, Its We end taeai allomey-ln-fed to make, execute. seal, acknOvAedge and delver, for ad on its behalf as sorely and as ile act and deed, any and WI undatatms, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as *ding upon the Co panis as if they have been dull signed by the president and attested byte 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 Me Companies have been allied thereto this 22nd deyof August 2016 By: STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY American Fre and Casualty Company The Ohio Casually Insurance Company LDerty Mutual Insane Company West j)Igricau Insurance Company Gaq/,Aswiad Sac ataxy an Chia 22nd day d August a before me personally appeared David M. Carey, who ndtnMedged himself b be the Assistant Secretary of American Fire aid CasualyCo pany, Liberty Natal Sane Campary, The Onto Casualty Institute Company, and WesMidran Insurance Comlwry, aid deb he, as such, being aMabad so to do, execute the Megoi g kabument for the purposes therein contained by signing on behalf of the corporations by tense as a duly authorized olker. N WITNESS WHEREOF, I have hereunto subscribed rhlj, mine ad affixed my notarial seal at Plymouth Meeting, Pemsylvena, on the day and year frst above written. COMMONWEALTH OF PENNSYLVANIA Wane' Seal I _ - ` 4 ./-l&I Teresa Paver.. Notary RubicCou op �(Natalia, Phmww sew.. Espies MPloonlgoell County Teresa Pastels, Notary Pubic My Commission Espies Mardi 2a, 2017 eve —nice Pee %es11e _ ew:a rate es This Power&Albmey is madea idexealed pursuant b anriby authority of the following By-laws a,dMtlhorizalcnsadM ericas Fko andCsualy Company, The OlioCasuriy Insurance Company, Liberty Mini Insurace Company, and West American Insurance Company which resolutions are now in fun bra and ened reading as follows: ARTICLE IV -Of FICERS—Section 12. Power of Attorney. Any Warr or other otfcial of the Corporation authorized Scribal purpose In writing by the Chairman or the President, and subject to suds Imitation as the Chapman or the President may inmate, shall appoint stet attorneys-in-icl, as may be necessary b act in behalf of the Caparefo to make, execute, seal, acknowledge and delver as surety any and all undertakings, bonds, reognbantes and other surety rdgallort Such etorneysfnfad, subject to the limitations set forth in their respective powers of attorney, shall have full peer to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. Who so executed, such fstuments dal be as binding as if signed by the President and attested to by the Secretary. My power or authority granted to any representative aatomey-in-fad under the provisions or the adide nay be revoked at any time by the Board, the Chairman, the President or by the ofiunror officers granting such power or authority. ARTICLE XII - Execution at Contracts - SECTIONS. Surety Bads and Undertakings. My officer of the Company authorized far that purpose in welling by the chairman or tie president, and subject to such tolatams the chairman or the president may prescribe, she appoint such attorneys -in -eel, as may be necessary to act in behalf of the Company to make, execute, seal, aduamledge and delves as surety any and al undertakings, bonds, recognizances and otter surety obigaloru Such attorneys -in -fed subject to the limitations set forth in their respective powers of attorney, chi have fhd power to NM the Company by their signature and execution of any such instruments and to Mach thereto the seal of the Company. When so executed such instruments shall be as Nesting as if signed by the president and attested by Il s secretary. Certificate of Deaignallen - The President of the Company, adbg pursuant to the Bylaws of the Company, aahorizes David M. Carat Aeesram Secretary to appoint such attorneys -in - fact as may be necessary lo act on behalf of the Company to make, execute, seal, acknov edge and delver as surety any and all tandeUNngs, bonds, recognizances and other surety oblgatos. AutrodzatIon - fly unanimous consent of the Company's Board of Dkedtors. the Company consents that faceimle or mechanically reproduced signature at 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 binning upon the Company with the same force aid effect as thought manually affixed. I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of Money of vetch the foregoing NOW, hue and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. —1� - N TESTIMONY WHEREOF, I have hereunto set my hand and affixed to seals of said Companies this law day of cu2rw.v/�A,A 20� /P! 2,:' ,\ � ij lMtl/A. PJN5Uaa. .IM,N)Var. v n/ Gregory W. Davenport Assistant Secretary LMS 11873 122013 By: 82 at 300 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 REQUEST #81700057 Page 17 ANTI -COLLUSION AFFIDAVIT aw rt an B1700057 LOCATION Weld County 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 dedosed 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. 30, No attempt has been made to solicit, cause or induce any fum 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 (km 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 a paid cash or anything of value to any firm or person. whether in connection with INs or any other project. in consideration for an agreement or promise by any fine or person to refrain from bidding or b 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 bean 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 on submission of my firm's bid on this project and have been advised by each of them Mel 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. 6. I understand and my firm understands that any misstatement in this affidavit Is and shall be awed 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. two. w: limn v camping n✓,n artin Marietta Materials, Inc. ,MW • on N/A v: 102/20/17 Regional Fleet, sident — Rocky Mtn. Div/ a. Sworn to before me this 20th b..,.. day of. February 19 2017 February 2g, 2021 " NOTE: This document must be signed In Ink. PATRESE E YARBROUGH NOTARY PUBLIC STATE OF COLORADO unar/ et stasAfil2216 MY COMMISSION SXAIM'S MARCH 2$, ROM BID REQUEST #61700057 Page 18 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: Februawy 70. 9017 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder(Company or Firm): Martin Marietta Materials, Inc. 2. Permanent main office address: 1800 N. Taft Hill Rd. Fort Collins, Co. 80521 Phone Number. 970 407-3615 Fax Number: 970 407-1902 3. Year Company was organized: 2012 4. Number of years this Company has been engaged similar construction: 75+ 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: SB 392 Lucerne to Brip,Redale $ 7 Million WCR 47 $ 600. 000 Douglas County Overlay $ 5 Million 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. N/A 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. N/A BID REQUEST #81700057 Page 19 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. It/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. No 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. ProjectName: 2016 City of Fort Collins Overlay Location: Fort Collins, Co. Owner's Representative: Bennett Ashbaugh Supt: Jed Foust Phone: 970 221-6775 Completion Date: December 2016 Contract Amount: $ 4 Million Project Name: 2016 City of Greeley Overlay BID REQUEST #B1700057 Page 20 Location: Greelyy Co. Supt:David King Owner's Representative: Fat Hill Phone: 970 350-9870 Completion Date: December 2016 Contract Amount $4.5 Million Project Name: 2016 Lorimer County Rneurfacing Location: Lorimer County Supt: Jed Foust Owner's Representative: Darrell Morell Phone: 970 481-3845 Completion Date: December .2016 Contract Amount: S 3.5 Ni t am 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractors work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL. FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 16% OR MORE OF THE WORK. SUBCONTRACTOR N/A WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Kenneth R. Ball Jerimy Runner Kenneth Schaffer TITLE General Manager YRS. PERTINENT EXPERIENCE 20+ Years Operations Manager 20+ Years Plant Manager 25+ Years 18. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. N/A BID REQUEST M1700057 Page 21 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 20th day of February , 2017. Bidder: Martin Marietta Materials. Inc. ny By: � !_ Name: David L. Lemesany (Please Type) Title: Regional Vice President - Rnrky Mtn. Div. NOTARY County of Larimer State of Colorado David L. Lesasgsy )ss. ) being duly sworn, deposes and says that he is Regional Vice President of Martin Marietta Materials. Inc. (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 20thday of February , 2017. MIRES! I YARBROUGH NOTARY PUBUC STATE OF COLORADO NOTARY ID 20054012216 MY CletrION EXPIRES MARCH 28.2021 03/28/2021 Commission Expires frL e �� Notary Public BID REQUEST M81700057 Page 22 WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT AND WARM MIX ASPHALT / ASPHALT SUPPLY 2017 (with ootions for 2018/20191 February 2017 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80832 970-358-4000 BID NOM 91700057 Page 1 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 8, 2017 BID NUMBER:B1700057 DESCRIPTION: Hot and Warm Mix Asphalt/Asphalt Supply 2017 DEPARTMENT: Public Works - Pavement Management MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: February 28, 2017 @ 9:30 a.m. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Hot and warm Mix Asphalt/ Asphalt Supply 2017 (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: 9:30 am. on February 28, 2017 %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 1-8 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 at two locations: On the Weld County Purchasing website at httpa/www.co.weld.co.us/Departments,Purchasing/index.html located under"Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 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 submitlmail hard copies of the bid proposal. BID REQUEST #81700057 Page 3 4n -twit lb #i/04 WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & AGGREGATE INDUSTRIES-WCR, INC. THIS AGREEMENT is made and entered into this 15th day of March, 2017. 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-WCR, Inc. whose address is 1687 Cole Blvd. Ste. 300 Golden CO 80401, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot and Warm Mix Asphalt / Asphalt Supply 2017. (South County Only) with possible 2, 1 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. B1700057". The REP 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 3-a9 /7 e,e2 41- -61/fr t A Mg) .3-e,2-9- /7 020/7_ .03/ e oa?� 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, (I) 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 perforated 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 itemit shall be construed to mean that item as specified, details, capacities and ratings. 7. General Specifications, conditions, and information. Design: Unless otherwise specified, any material to be purchased shall be of the quality defined and suitable to the use for which it is intended. S. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $2,226,750.00, 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 payments) 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 he 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. 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. 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 Statc 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 (I8) 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, (h) 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 wilily 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 oI'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 theterm 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. 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-WCR, Inc. Attn.: General Manager, Brenda Shuler Address: 1687 Cole Blvd. Ste. 300 Address: Golden, CO 8041 E-mail: Brenda.Shuler@aggregate-us.com Facsimile: 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@co.weld.co.us 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 panics. 24. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon fluids 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 MI 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-IOl et seq., as applicable now or hereafter amended. 2S. 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 Fces/Leeal 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. S WHEREOF, the parties hereto have signed this Agreement this a/ day of , 2017. CONTRACTOR: fr3CIAC 1n40S-rte..% CtL i'e By: Name: Brenda Shiner Title: General Manager Date 3/23 /?1?)tl. WELD COUNTY: ATTEST: JC-S;(1 Weld r o)in`, Clerk to the : oard BY: BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLO Julie A. Cozad, Chair 4] R 2 9 2017 NOTICE OF AWARD Hot And Warm Mix Asphalt / Asphalt Supply 2017 (South County) To: Aggregate Industries-WCR, Inc. 1687 Cole Blvd. Ste.300 Golden. CO 80401 Project Description: (South County) Hot And Warm Mix Asphalt / Asphalt Supply 2017 / "South County" The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2017, 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 $2,226,750.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance 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 17 day of March, 2017 Weld �ougl ty, orado, Owner By Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Re ipt above of via d is hereby acknowledged by nousarces (Contractor) \eke Dated this % 3 day of Nka cc- 1n , 20 ('1 By:\er Title: &Are a ml i--forg 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) 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 REQUEST #B1700057 Page 23 BID SCHEDULE (based on estimated 2017 quantities) Aggregate Industries- WCR, Inc. ITEM # Inj QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION 403.00 HOT MIX ASPHALT (GRADING-SX) NORTH 0 TON 42.00 Dahlia Longmont (ASPHALT)(100) (PG -64-22) (25 RAP) SOUTH 0 TON 42.00 Dahlia Longmont 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 0 TON 41.00 Longmont SOUTH 37,750 TON 41.00 $1,547,750.00 Dahlia Longmont 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 0 TON 48.50 Longmont SOUTH 14,000 TON 48.50 $679,000.00 Dahlia Longmont 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (25% RAP) NORTH 0 TON 42.00 Longmont SOUTH 0 TON 42.00 Dahlia Longmont 401.00 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 0 GALLON N/B Bond 58739385 SAMPLE SUPPLY CONTRACT BOND KNOW AU. 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 333 South Wabash Avenue Floor 22 (here insert full name and address or legal title of Surety) Chicago, IL 60604 are held and firmly bound unto Weld County as Obligee, (hereinafter called the Buyer), in the Just and full sum of Two Million Two Hundred Twenty Six Thousand Seven Hundred Fifty and 00/100 Dollars ($2,226,750.00) (here insert full name and address or legal title of the Buyer) l l so "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 written contract with the Buyer dated March 15 20 17 to furnish the following briefly described supplies: ;017- and Warm c Mix Asphalt supply hich 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 OBUGATION 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 21 day of March , 2017 Aggregate Industries - WCR, Inc. (Principal) (rite)BrendaStarter (Ih14itryCP'reglip18- (Witness) Western Surety Company (Surety) (Seel. (Titie)Lupe Tyler, Atto i74FIO v lid Corggrate P per of Attorney Form angi (Wltness)Naomi Harris -Thompson, Witness Surety BID REQUEST #81700057 Page 23 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, Wendy W Stuckey, Michael J Herrod, Anoop Chawla Adlakha, Nancy Thomas, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, 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 2l st day of July, 2016. State of South Dakota County of Minnchaha } SS WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 21st day of July, 2016, 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. My commission expires June 23, 2021 w J. MOHR CERTIFICATE J. Mohr, Notary Public 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 tiurther certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof f have hereunto subscribed my name and affixed the seal of the said corporation this 21st day of March 2017 WESTERN SURETY COMPANY 63° Form F4280-7-2012 94.14L1171"." L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. a CERTIFICATE OF LIABILITY INSURANCE 03121/2017L) DAT"Pim 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 5555 San Felipe suite 1500 Houston TX 77056 USA CONTACT PHOPE (866) 283-]122 I FAX (800) 363-0105 (NC. No. EP):INC. Na); E-MAIL ADORESS: INSURER(M) AFFORDING COVERAGE NAIC II INSURED Aggregate Industries Management, Inc. 6211 Ann Arbor Road Dundee MI 48131 USA INSURER N ACE American Insurance Company 22667 INSURERS: American Guarantee & Liability Ins Co 26247 INSURER C: NSURER D: INSURER E: INSURER F: COVERAGES 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 IIICertificate No : 570065822116 INSR LTR TYPE OF INSURANCE POOL INSO SUER 1y,ID POLICY NUMBER POLICY RE ll pouCY EXP MAID LIMITS A X COMMERCIAL GENERAL LABILTY HD0G27858673 1 /201 10/01/2017 EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR PREMG(Ec0 PREMISES M: ( (ERs occurrence) $2,000,000 MEDEXP (Any one person) $50,000 PERSONAL a ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY I]% JEL ❑LOC PRODUCTS- COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE UABINTY ISA-H09051259 10/01/201610/01/2017 COMBINED SINGLE LIMIT (Fa accident) $5,000,000 X ANY AUTO Auto (A05) BODILY INJURY ( Per person) OWNED —SCHEDULED BODILY INJURY (Per accident) A AUTOS ONLY HIRED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE (Per occident) ONLY _ AUTOS ONLY B X UMBRELLA LIAB X OCCUR AUC014440100 10/01/2016 10/01/2017 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS -MADE AGGREGATE $10,000,000 DEDI (RETENTION A VADRNERS COMPENSATION AND WLRC49104182 10/01/2016 10/01/2017 X I PERTUTE I NORµ A EMPLOYERS' LABILITY ANY PROPRIETOR I PARTNER/EXECUTIVE YIN N WC (ACS) 5CFC49104170 10/01/2016 10/01/2017 E.L. EACH ACCIDENT $1,000,000 OFFICERn.IEMBER EXCLUDED (Mandatory In NU) NIA WC (WI) E.L. DISEASE -EA EMPLOYEE 51,000,000 Byes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMB $1,000,000 a I.. �- _]lam 1 DESORPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remark, Schedule, may be owned It more apace is required) Insured is self -insured on physical damage far all owned, leased and rented autos. General Liability policy includes Time -Element Pollution. RE: Job Name: Hot and Warm Mix Asphalt / Asphalt Supply 2017. Board of County Commissioners 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 Automobile 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 General Liability and Automobile Liability policy. Umbrella Policy is follow form of underlying coverages. CERTIFICATE NUMBER: 570065822116 Holder Identifier : CERTIFICATE HOLDER CANCELLATION Board of County Commissioners 1150 0 Street Greeley CO 80631 USA SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE HILL BE OEUVERED IN ACCORfMCE PATH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ec JL c//l,f.WM9 t/Kl�lafLN!(i a/ foal aZ irt ACORD 25 (2016/03) 61988-2015 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 Aggregate Industries Management, Inc. POUCY NUMBER See Certificate Number: 570065822116 CARRIER See Certificate Number: 570065822116 NAIL CODE EFFECTNE 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 Aggregate industries - Northeast Region, Inc. Tiger Minimix, Inc. Aggregate Industries - MWR, Inc. Kost, Inc. Super Concrete Corporation Bardon, Inc. D/B/A Aggregate Industries - Mar Aggregate Industries Land Company, Inc. Aggregate Industries - WCR, Inc. Aggregate Industries Management, Inc. Aggregate industries - SwR, Inc. (D/B/A Frehner Construction Company) Meyer Material Company, LLC Lattimore Materials Corp. ACORD 101 (200[,01) 8) 2008 ACORD CORPORATION Mid Ms read The ACORD name and logo are registered marks of ACORD EXHIBIT A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT AND WARM MIX ASPHALT / ASPHALT SUPPLY 2017 (with options for 2018/2019) February 2017 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B1700057 Page 1 EXHIBIT A TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 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 Instruction to Bidders Insurance Requirements General Specification Bid Proposal (Bid Schedule) Bid Submittal Checklist and Signature Page Receipt of Addenda Bid Bond (Example) Anti -Collusion Affidavit Statement of Qualifications and Subcontractors CONTRACT FORMS 3 3-8 8-10 11-12 13 14 15 16-17 18 19-22 Supply Bond (Example) 23 Sample Contract (attached) PROJECT SPECIAL PROVISIONS Index Revision of Section 104, Revision of Section 105, Revision of Section 105, Hot Mix Asphalt Revision of Section 106, Revision of Section 403, Revision of Section 702, Scope of Work Claims for Contract Adjustment Conformity to the Contract of Control of Material Hot Mix Asphalt Bituminous Materials 24 25 26 27 27 28 29 BID NO # B1700057 Page 2 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 8, 2017 BID NUMBER:B1700057 DESCRIPTION: Hot and Warm Mix Asphalt/Asphalt Supply 2017 DEPARTMENT: Public Works - Pavement Management MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: February 28, 2017 @ 9:30 a.m. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Hot and warm Mix Asphalt/ Asphalt Supply 2017 (with possible 2, 1-yr renewals) Bids wi 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: 9:30 am. on February 28, 2017 (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 1-8 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 at two locations: On the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasingfindex.html located under 'Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com.Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. BID REQUEST #61700057 Page 3 EXHIBIT A 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 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president, "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, 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 Director of General Services 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 Director of General Services; 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 BID REQUEST #B1700057 Page 4 EXHIBIT A all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B1700057 Page 5 EXHIBIT A 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 mailers: (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. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. BID REQUEST #61700057 Page 6 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. A. 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. B. 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. BID REQUEST #B1700057 Page 7 EXHIBIT A C. 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. D. 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. E. 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. F. 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. G. 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. H. 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. 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 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or BID REQUEST #B1700057 Page 8 EXHIBIT A 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 coverage's 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 REQUEST #61700057 Page 9 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 coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #61700057 Page 10 EXHIBIT A PURPOSE: Weld County is soliciting bids to supply Weld County with Hot and warm Mix asphalt for 2017. 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, 2018, 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 2017 supply quantities outlined on page 13. 14. The successful vendor shall execute a supply bond for their awarded materials. BID REQUEST #61700057 Page 11 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 2017 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 REQUEST #61700057 Page 12 EXHIBIT A BID SCHEDULE (based on estimated 2017 quantities? r ys NT: :u- �.4 xm t" � x y'` : �+•r �>>t. J�vr £ "'S` 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-22) (25 % RAP) NORTH 1,000 TON SOUTH 1,000 TON 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG -64-22) (25% RAP) NORTH 61,000 TON SOUTH 35,000 TON 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100) (PG -64-28) (20% RAP) NORTH 1,000 TON SOUTH 14,000 TON 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (25% RAP) NORTH 1,000 TON SOUTH 1,000 TON 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40,000 GALLON BID REQUEST #B1700057 Page 13 EXHIBIT A 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. o Bid Schedule/Summary (page 13) o Signature page (page 14) ❑ Receipt of addenda(s), if any, should be signed. (page 15) o Bid Bond (Page 16-17) o 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. #81700057. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** BID REQUEST #61700057 Page 14 EXHIBIT A RECEIPT OF ADDENDA (See Attached Sheet) Hot and Warm Mix Asphalt / Asphalt Supply 2017 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 REQUEST #B1700057 Page 15 EXHIBIT A SAMPLE BID BOND Hot and Warm Mix Asphalt / Asphalt Supply 2017 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, 2017, for the Hot and Warm Mix Asphalt / Asphalt Supply 2017 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 2017, 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 REQUEST #61700057 Page 16 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 REQUEST #81700057 Page 17 FYHIRIT A PROJECT r1O 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 warns bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other fine or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. Neither the prices nor the amount of the bid of any other firm or person who Is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this fine. or any intentionally high or non- competitive bid or other form of complementary bid. 38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale 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 fine 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. Ca'*. . sr, a wnwnY nv,r By Dab TM 2nd coronarlahm or company name to pin( ~On 1 By Ow Teo Sworn to before me this day of, 19 Notary Pubic W wmnomon — NOTE: This document must be signed in Ink. BID REQUEST #B1700057 Page 18 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. 1. Name of Bidder(Company or Firm): 2. Permanent main office address: Phone Number Fax Number 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID REQUEST #B1700057 Page 19 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, owners representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: BID REQUEST #B1700057 Page 20 EXHIBIT A Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID REQUEST #B1700057 Page 21 EXHIBIT A 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 NOTARY day of , 2017. Bidder: Company By: Name: (Please Type) Title: 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 2017. (SEAL) Commission Expires Notary Public BID REQUEST #B1700057 Page 22 EXHIBIT A 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) 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 REQUEST #B1700057 Page 23 EXHIBIT A INDEX 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 Revision of Section 702, Bituminous Materials 29 The specifications for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specifications for Road and Bridae Construction, 2011, 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 105.22 Dispute Resolution Section 106.01 Source of Supply and Quality Requirements Section 106.02 Material Sources Section 106.03 Samples, Tests, Cited Specifications Section 106.07 Plant Inspections 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 Composite of Mixtures Section 401.03 Aggregates Section 401.04 Filler Section 401.05 Hydrated Lime Section 401.06 Asphalt Cements Section 401.08 Bituminous 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 Plant Mix Bituminous Pavement Section 703.06 Filler Section 712.03 Hydrated Lime BID REQUEST #61700057 Page 24 EXHIBIT A 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 (1) ending with "proposed construction" and revise subsection (2) with Approximate quantities to be purchased from all vendors are stated for 2017. Estimated quantities are provided for 2018 through 2019. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2017 through 2018. 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 REQUEST #B1700057 Page 25 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 REQUEST #B1700057 Page 26 EXHIBIT A REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF HOT 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 REQUEST #81700057 Page 27 EXHIBIT A REVISION OF SECTION 403 HOT 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 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. ADD THE FOLLOWING RAP • 85% of course aggregate should have one or more fractured faces. • 80% of course aggregate should have two or more fractured faces. BID REQUEST #B1700057 Page 28 EXHIBIT A REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-Ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Requirement for PG Binder AASHTO Test No. Property 58-28 58-34 64-22 64-28 70-28 76-28 Original Binder Properties Flash Point Temp., °C, minimum 230 230 230 230 230 230 T 48 Viscosity at 135 °C, Pas, maximum 3 3 3 3 3 3 T 316 Dynamic shear, Temp. °C, Where G*/Sin b @ 10 rad/s 58 58 64 64 70 76 T 315 11.00 kPa Ductility, 4 °C (5 cm/min.), cm minimum - _ _ _ - - - Toughness, joules (inch-Ibs) - - - - - - - Tenacity, joules (inch-Ibs) - - - - - - - Acid or Alkali Modification (pass -fail) Pass Pass Pass Pass Pass Pass CP-L 2214 RTFO Residue Properties Mass Loss, percent maximum 1.00 CP-L 2215 Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s a 2.20 kPa 58 58 64 64 70 76 T 315 Elastic Recovery, 25 °C, percent min. - - - - 50 50 T 301 Ductility, 4 °C (5 cm/min.), cm minimum - _ _ _ - - - PAV residue Properties, aging Temperature 100 °C R 28 Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s s 5000 kPa 19 16 25 22 25 28 T 315 Creep Stiffness, @ 60 s, test Temperature in °C -18 -24 -12 -18 -18 -18 T 315 S, Maximum, MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 ** direct tension, temperature in °C, @ 1 mm/min., where failure strain a 1.0% -18 -24 -12 -18 -18 -18 T 314 ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID REQUEST #B1700057 Page 29 EXHIBIT B Bid Opening Checklist: Al of the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. o Bid Schedule/Summary (page 13) U Signature page (page 14) o Receipt of addenda(s), if any, should be signed. (page 15) D Bid Bond (Page 16-17) D Anti -Collusion Affidavit (page 18) 0 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 h the request for proposal for Request No. #81700057. 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. a He or she 's authorized to bind the below -named bidder for the amount shown cn 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 n the bids, and to accept the bid that, n the opinion of the Board of County Commissioners, is to the best /� interests of Weld County. The bid(s) may to awarded to more than one vendor. FIRM afiA. f .=G ATE. .-(- arat-STtZ4 eC - [.00 Q- BUSINESS ADDRESS / f p 5) fcc 611. c1Tv. STATE, z1P cooE G('.I(..hE.t-=1 . Cb . 30-•> ioYD, TELEPHONE N03Q3-:rK5 1Q1D FAX TAX ID# U-D-/-:IX-/3@ Brenda Shuler Iag..r SIGNATURE - L/ PRINTED NAME AND TITLE E-MAIL ."...:.f'-„ . ='-'.:;.t.11::'_{ k I'o, IAA ==.•<,.-4 DATE 2 j1{ hnl'� 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 F NOT ALREADY CN FILE** BD REQUEST #81700057 BID SCHEDULE (based on estimated 2017 quantities? ITEM # ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT PER UNIT LOCATION 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(100,� (PG -64-22) (25 % RAP) -a3 NORTH 1,000 TON �i.7 ca; L,3. oO cx' ..)!. `��p )pc,(i--( a Lta6,tuDI4„T SOUTH 1,000 TON co t-1.?. .4--...��l-EU t--- , oofl LD &ck- T 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALTX1 ( PG -64-22) (25% RAP) 4 3` NORTH 61,000 TON .-1`I (0 sot aL2- • OD SOUTH 35,000 TON t - L k - O Li -(,O,2 (, 4' 35, 000 .cap F,L>-35,cDoo . r -Y-) �\ 1 c L --Or- ►.LT' 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT}(100) (PG -64-28) (20% RAP) NORTH 1,000 TON c -s51) .00 rD w�T SOUTH 14,000 TON `� g� g --((t5 I ) (_0119�D (.p19 , COD ‘fnk $1 -qtr 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(100) (PG 64-22) (25% RAP) NORTH 1,000 TON 2 (_-_-:O L--i.,7)oO � L-491�k-c aLrt-- SOUTH 1,000 TON ,_4� t_O (--/- . 00 4,), (O.) 44- , DOD ,LIA LD t-44,v� a 401.00 EMULSIFIED ASPHALT (CSS 1 H) (TACK COAT) NORTH ONLY 40,000 1 GALLON _ t (B BID REQUEST #B1700057 Page 13 RECEIPT OF ADDENDA (See Attached Sheet) Hot and Warm Mix Asphalt / Asphalt Supply 2017 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this day of , 20 FIRM NAME: iCte, l4 -T k_siiZ4 ES - e_t r Li•�C BY: Brortda Shulor General Manager TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: L_�OL-tat r) ADDRESS: I10en TELEPHONE NO: dam- - lO-1D FAX NO: ATTEST: (..c c .._ork, BID REQUEST #B1700057 Page 15 SAMPLE BID BOND Hot and Warm Mix Asphalt / Asphalt Supply 2017 KNOW ALL MEN BY THESE PRESENTS, that Aggregate Industries - WCR. Inc. as Principal, and Western Surety Company as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Total Amount Bid Dollars ($ 5% T.A.B. ), 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, 2017, for the Hot and Warm Mix Asphalt / Asphalt Supply 2017 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 16th day of Fetxuan- , 2017, 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. Ste. 300 ATTEST: By: ATTES By: By: den. CO ItOd By: cicx Surety Western Surety Company Brenda Shuler Principal Nitel4Wrifarlager 47enfp Mbne,-,n.Fu, Address 5555 San Felipe Street Suite 1500 Houston. Texas 77056 ,s re s o.,,,.., BID REQUEST #81700057 U U Page 16 ,•.fC',.t , `t<t ANTI -COLLUSION AFFIDAVIT C. Ahl/e ct- ,00s erld Carv1_i hereby :ace, that 1 am 11w nr.:r.o'1 teaptins'ble within my firm for the final docisuin as in the prrr,nls) and arnnunt of this Ikrl a: d nr,l !',;'l ! hrn'C t9nl!t ii aultrVnY.t'i>n. Pnt'lOScrd herewtln. front (hat Pearson In make the r.t:.11r:nr.nts :.tat nut hi.i:al on his m htr't:1t1 and on tii'hatt ot my I,:rn ! hirihrr altos( that 'i h ' orients) arid .nncuul ell thus teal have been arrived al independently, wilfloit core:rnitation, cu•,trnunrr:,lriort or ; ulrt'emrnl fur the rluul'BU C. watt Me effect of restricting competition with any either bruit or parson WOO is a h'fi.rr' t'! r!ute>tlhal prune btrlyder 7Rt Nel;IF,lr the prici'I l nor the amount of Ihrs UM have br:e'n disclosed to any ether firm or person who is o budder nr p:)!•'nluail prime budder on Ih:s (trejeet, and v:-tl riot be so di'celosed poor to hid oncning 21) Walter the prices nr'i the amount of the hid of any other ken-' or uerson who is a bidder or potential primp humor nn L'•: project have btrcrn disclosed In'ne or Inv t'nn fA N.i:Itrern(>t I Fir. boot wade to tints:,t. chume or induce :.illy firm or prirson 1•:hn is ;i hirldor or potential print: bidder tit refrain from bidding a Iles uinl?r;, or to submit a bid higher than t'•:r bid of Ih.s famk or arty intentionally h;qh or non• c'ini ufive hid ill Nile( (ono of CGnylfenirinlra•y bill f';r, asee(.•rl'o!d firs been piunlis.d 0l solicited lot arty other Wen iii p4'rac Ut eylro iS a ti•ttclni Iii po!eittrdl p'iili0 brittle" 00 (h';; nu)jert In stirmd do in!i7nl,pnry 1y high. intitc,ntpciibve ei until lobe PI conrilir:rni;ntirry brut eo airs (ir0 ecl Tit bad of !ny bra' is ,n,'de iii gc''J;1 lath rind apt puts:'crit 10 a'ly coristlllat 01. commtl nrticakCrl, .,t!•r:r'na•nl t'I 'A•; ;(In:win with. or inducement or r.0I c'il,l Upn by or Iron a:ty (11111 o' nera.'bn td r,UhfU( any 'rlIOnh:'itri y h'!Il I. noneU:'1 petiluvt: or other (aunt of Complementary hid My 1,.n• has not offs 'ed or :rnt!tod into 0 ccibcoclract of agreement regarding (ho purchase. or Sate of nkitrnals or servi•'e•'; rrorn arty brie Or person. or offered. piontigr:d or pair) ;ash 01 anylhirlu di value Iii any ('rn' n' parson. whrt!rer in cohneClinn with ft's (II .-fay c,th&r protect rn ronsrrler.itit'u fo' an agreement or (;remit: by any fiord nr tibtsO,i to retr,iin from birlrling or to submit any.inlrnlianally high, nr>'leornneLbvr; nr other loon i; f erimaernelntnry eat or uq:C^ut(l or prornis.nq to do so on this Protect. I; Ely fine lirrc not act -opted or rret:n tirOr dleid any r" ihtnnlrict or agreement rerrud.n;t tile shirt of material:, or st>!v!t:':., to any bon or p(• t;out. alio has 'tot (Alan prO!nhi^d Or paid cash or anyth:nfi of valan by any firm Cr nr.':;eln VOtta!r(rr i'i t:rnntecli(1r) lvilh this tlr any othul prtl)ratf, in r,:inn•dcrai,on for my tinier, subrn.tlintl any 'ntnntrc/naify trrl>i „JUCOniptllittvli of CIhLI frr;r, of r'ii.'Ia:(ci m taffy hurt, or dorItr oil or nrornlsl'Itl In J,r 'cu, Uri this nogtro I tray matte a J I'gert nqurry of al; alembt'ici. o'froer.. employees. Arid agents of my two with n:'.1' rr::bii,ko•; tornhny to the'',road?awe% tip(irr•'Vrt or suAnli,uuen'>! my (line'~ bid rn (his pica r:a ;r:cci h.tvF, hcen arivis•:.1 n•r r•,u.!' nl Mom ^qt he of She teats; not potht:' ..clod in any tro:t:nni;Kr.11:(>n, t:, 1:ra1141L:)n, duscu�•.: in ai ruiroi'tt r•(idua:;in, n: Conduct 'nr:OnA!a r ill with arty p1 the statements ;sod roomy -Agitations al.iele in ells affida is x I ,i'td,: r5(,nd and my lion jiode,skiin (r. that ni'y m,cslatrinnnl in this a'tidavit is and shot' bn treaters x: a Crawl:flew r:.rn i:_olnirnt front Mc Colorado Delcfa itimit or rt an:nor(al'on. of Ihtt Pore l,,Gs rr.I:shop It' t.arjn t' n'ss'01 bids for tee, i;Unlr art •Ir; :1 I t*:,., t,ii:l; UNC)EFt 1'i..N.r1I I Y Of PI R.11ttil' IPi 711E S :C: [.lNI1 f)t•:Grrf•E• AND ANY OTHER API'I.!C:AUL(: SIArE Uk : AWS i!.tA'f ' IIF. SIArl:'.1Fh r;; MAI)f Clt: rt.ori 1TCi:1IMFNr AM- IRt(F AIDr) COM1•'f.r Tr. 1O Or MY K":(?;Vi.E..DGIj. Aggrogate Indus#ries • WCR. inc. Brenda Shuier ` word ;e) before real lhte r;.ly tli. NOTE. This document must be shined in ink. I•) BID REQUEST #61700057 Page 18 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 di-ections 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): AC,AQ FCLA-TE1FS - 2. Permanent main office address: 1�� l �L� �J�- 11� �j Sup 9E Oz) • $.o(--tQ Phone Number: 3O3 - 9g5 - folp Fax Number: 3. Year Company was organ a�� 4. Number of years this Company has been engaged similar construction: - C. under what firm, company or trade names has this company been engaged in this type 6# 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: e ref 1-4T"tx`o ti. $ , p(X) t av t g $ fq_7n $ 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 REQUEST #81700057 Page 19 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. k.1 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. A) O 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. 0 11. Describe all contracts that the Company failed to complete. A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. O 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: Tht n c LAM s= 7D Nl Location: d•D(LL Peck aLr el C\ Owner's Representative: C'TflJE A taa...seu=o Completion Date: a (t ( aon Project Name: ozDtLP H4t / AP rt.sep (ICze)u/ Supt: Phone: ND3--AS-- 3it:'O Contract Amount: 43 COD BID REQUEST #B1700057 Page 20 Location: � ILAOP 1417-1l. t�1T�. Supt: Owner's Representative: �1C? } ��a�1��1 t Phone:` - g79 �t Completion Date: IL*I 14-(:)1.1„,e Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone. Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR Qin 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 % S- TITLE jL► Lt,s l g4LD e ttl -bpi= YRS. PERTINENT EXPERIENCE I t;F 30 co 16. List ail lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID REQUEST #81700057 Page 21 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 I i,, day of t , - , 2017. Bidder: L1A 2- C. uA-T>✓ =iiO . - Company By: Name: Brenda Shuter General Manager (Please Type) Title: NOTARY County of L- t ` f ss. State of ( c . I ,; , ; u deposes and says thathe is -v• • . 1,•, , It -1,., (Title) of i\, v, .yrA, being duly sworn, (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 / . day of t ,. , 2017. r CLAUDIA V OCAMPO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094090515 M COMIESSIONEXPIRES 1N152017 (SEAL) Commission Expires Notary Public l 1.1)O BID REQUEST #B1700057 Page 22 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) 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) At (Witness) INDEX PROJECT SPECIAL PROVISIONS Index 24 BID REQUEST #61700057 Page 23 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 Revision of Section 403, Hot Mix Asphalt Revision of Section 702, Bituminous Materials 27 28 29 The specifications for material supply shall be in accordance with the Colorado Department of Transportation. Standard Specifications for Road and Bridge Construction. 2011, 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 Section 105.22 Section 106.01 Section 106.02 Section 106.03 Section 106.07 Section 106.08 Section 106.09 Section 107.01 Section 109.01 Section 401.01 Section 401.02 Section 401.03 Section 401.04 Section 401.05 Section 401.06 Section 401.08 Section 401.09 Section 401.13 Section 401.14 Section 401.15 Section 401.21 Section 702.01 Section 703.04 Section 703.06 Section 712.03 Conformity to the contract of Superpave Performance Graded Binders Dispute Resolution Source of Supply and Quality Requirements Material Sources Samples, Tests, Cited Specifications Plant Inspections Storage Materials Hauling Materials Laws to be Observed Measurement of Quantities Description (Plant Mix Pavements) Composite of Mixtures Aggregates Filler Hydrated Lime Asphalt Cements Bituminous Mixing Plant Hauling Equipment Preparation of Asphalt Cements Preparation of Aggregates Mixing Method of Measurement Asphalt Cement Aggregate for Hot Plant Mix Bituminous Pavement Filler Hydrated Lime REVISION OF SECTION 104 SCOPE OF WORK BID REQUEST #81700057 Page 24 Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.2-(c) shall be revised as follows: Delete 2n° paragraph starting with "If the alterations" to 3th paragraph subsection (1) ending with "proposed construction" and revise subsection (2) with Approximate quantities to be purchased from all vendors are stated for 2017. Estimated quantities are provided for 2018 through 2019. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2017 through 2018. 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. REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: BID REQUEST #81700057 Page 25 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 REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF BID REQUEST #81700057 Page 26 HOT 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. REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: BID REQUEST #81700057 Page 27 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 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. ADD THE FOLLOWING RAP • 85% of course aggregate should have one or more fractured faces. • 80% of course aggregate should have two or more fractured faces. BID REQUEST #81700057 Page 28 REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-Ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO 58-28 58-34 64-22 64-28 70-28 76-28 Test No. Original Binder Properties 230 3 58 - - - Pass 230 3 64 - - - Pass 230 3 64 - - - Pass 230 3 70 - - - Pass 230 3 76 - - - Pass T 48 T 316 T 315 _ - - CP-L 2214 Flash Point Temp., 'C, minimum 230 Viscosity at 135 °C, Pas, maximum 3 Dynamic shear, Temp. °C, Where G"/Sin b @ 10 rad/s ≥1.00 kPa 58 - - - Pass Ductility, 4 °C (5 cm/min.), cm minimum Toughness, joules (Inch-Ibs) Tenacity, joules (inch-Ibs) Acid or Alkali Modification (pass -fail) RTFO Residue Properties 1.00 58 - _ 58 - _ _ 64 - _ ___ 25 64 - _ 70 50 - 76 50 CP-L 2215 T 315 T 301 Mass Loss, percent maximum Dynamic Shear, Temp. °C, where G'•Sin 6 @ 10 radls ≥ 2.20 kPa Elastic Recovery, 25 °G, min. _percent Ductility, 4 °C (5 cm/min.), cm minimum PAV residue Properties, aging Temperature 100 °C 19 16 22 25 28 R 28 T 315 Dynamic Shear, Temp. °C, where G"• Sin b @ 10 rad/s 5 5000 kPa Creep Stiffness, @ 60 s, test T emperature in °C _18 -24 -12 -18 -18 -18 T 315 S, Maximum. MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 " direct tension, temperature in °C, @ 1 mm/min., where failure strain ≥ 1.0% -18 -24 -12 -18 - -18 -18 T 314 " Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID REQUEST #61700057 Page 29 SAMPLE BID BOND Hot and Warm Mix Asphalt / Asphalt Supply 2017 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% T.A.E.3), 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, 2017, for the Hot and Warm Mix Asphalt / Asphalt Supply 2017 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 loth day of February , 2017, 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 IG3t7 Cole I3h d. Ste. 300 ATTEST: By: BID REQUEST #81700057 deft. CO 804 l;y Urenda Shuier . Principal AlmscalrMa Air By:. Surety Western Surety Comet y to,C..M.r.e, Address 5555 San Felipe Street Suite 1500 Houston. texas 77450 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know Alt Men By These Presents, Tien WESTERN SURETY COMPANY. a South Dakota corporation. is a duly organized and cxisung corporation having its principal office in the City of Sioux Falls. and State of South Dakota. and deal it does by virtue of the signature and seal herein nlfixat hereby make, tunstitttc and appoint Lupe Tyler, Lisa A Ward, Wendy W Stuckey, Michael J Herrod, Anoop Chawla Adlakha, Nancy Thomas, Donna L Williams, Melissa L Fortier, Vanessa Dominguez, Individually of Houston, ut. its tore and lawful AttoRuey(s)-in-Fact with till power and authority hereby conferred to sign, seal and execute for and on its beltalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thevehy is fatly end to the same extent as of such instuumi nos were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to di: authority hereby given, are hereby ratified and connected. 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 shnretxsktrrs of the corporation. In Witness Whereof, WESTERN SUETY COMPANY hag caused these 1htzscrts to be signed by its Vnee President and its criminate seal to he hereto affixed on this 2 lit Jay of July, 2016. State of South Dakota County of Minrmlraltn } WESTERN SURETY COMPANY On this 21st Jay ofJuly. 20 lb, before me iscrc,nally came Paul T. Drutlat, In one known, who. being by me duly sworn. did depose and say: that he resides in the City of Sioux Falls, State of South Dekom: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the ;teal ul'said corporation; that the seal affixed so the said instrument is :such corporate seal, that it was an attired pursuant to authority givers by the Board of Directors of said corporation sad that he signed his name thereto pursuant to like authority, and acknowledges sense to be the act and deer) of said corporal ion. My cottunissiiin expires Juno 23. 202 I J. MUrtR CR =Tar, (al cERTIFICA rE I Mohr. Notary Public I, L. Nelson, Assistant Secretary of WES CERN SURETY COMPANY do hcr*1y certify that the Power of Attorney hcreinabove set forth is still in force, and hunker certify that the By -Law or corporation printed on the reverse hereof is still in force. In testimony whereof i have tieranrta suhrcnbal my name and attized the seal of the mid corporation this 16th d,y of February 2017 WESTERN SURETY COMPANY Nehum. Assistant Secretary baton F41It0..20I1 Surety Bond Request Worksheet for HUS and AIUS Set rr-::,,r _, T > i r r,r;.a_ T :: HUS.bondseaon.com or AIUS.bondsi aon.com If email is not available, then Fax 800-953-4542 CL%;h AND SE- LC C_1,F Or T t Fott(,•rant(': BOND Tr (=Appeal OLicense & Permit DBid 00 Notary OFinancial Guarantee OPayment ()ATE: 2/16/2017 FROM: Requested by: Claudia V. Ocampo Phone number: 303-716-5337 Mailing address: 1687 Cole Blvd. Ste. 300 Golden, CO 80401 Email address: claudia.ocampo@;aggrcgate-us.cotn l! Performance ❑ Reclamation 0Utility Deposit IElOther Bond BOND REouEs r INr-oniviAt ION: Bid Date: 1211/2016 Date Bond is needed: 2/20/2017 Principal Name: (i.e. Holcim (US) Inc., Lattimore Materials Corp.) Aggregate Industries - WCR, Inc. Wholly owned subsidiary El Yes ONo If No, explain relationship Click here to explain relationship, i.e. Joint Venture Address: 1687 Cole Blvd. Ste. 300 Golden. CO 80401 Obligee Name (Complete name & address): Weld County Public Works Obligee Address: 1111 11, Street. Greeley, Colorado 80632 BONr, INFORMATION: Bid Bond Amount $ or % Final Bond Amount: $ 4,018,000.00 Bond Term: I Year Brief Description of the Bond: Hot and Warm Mix Asphalt / Asphalt Supply 2017 ACC Cu;NT!:IG & PPE r: ium I>JrC'R:.ti%?iOY; GI: 53503002 Cost Center: 100605421 DELIVERY IN_.TRurtioNs: The Surety bond will need to be signed by an officer of the Principal. Please provide complete name & address for overnight delivery of the original executed band. Claudia V. Ocampo 1637 Cole Blvd. Ste. 300 Golden, CO 80401 AC0IIIONAL INrORMAI ION REQUIRED: 1. Please provide a copy of the applicable bond form. 2. Please provide a copy of the Contract, if applicable. It You I iAVt .ANY (UFSTIONJ5 PI_F.AgE COW. N.: J. AON Risk Solutions — 5555 San Felipe, Suite 1500, Houston, TX 77056 Vanessa Dominguez — Phone 832.476.5859; email - vanessa.dominauezaon.com or, Stephenie Whittington — Phone 832.476.5803; email - steDhenie whittinclton(aon.com Page 1 0l' WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT AND WARM MIX ASPHALT / ASPHALT SUPPLY 2017 (with options for 2018/2019) February 2017 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B1700057 Page 1 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 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 Revision of Section 702, Bituminous Materials 29 REQUEST FOR BID BID NO # B1700057 WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 8, 2017 BID NUMBER:B1700057 DESCRIPTION: Hot and Warm Mix Asphalt/Asphalt Supply 2017 DEPARTMENT: Public Works - Pavement Management MANDATORY PRE -BID CONFERENCE DATE: NA BID OPENING DATE: February 28, 2017 @ 9:30 a.m. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County'), wishes to purchase the following: Hot and warm Mix Asphalt/ Asphalt Supply 2017 (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: 9:30 am on Febnary 28, 2017 (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 1.8 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 at two locations: On the Weld County Purchasing website at htlp://www.co.weld.co.us/Departments/Purchasing/index.html located under 'Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 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. BID REQUEST #81700057 Page 3 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 970-336.7225 If you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter, The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, 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 Director of General Services 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 Director of General Services: 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 BID REQUEST #B1700057 Page 4 alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL', staff will attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the BID REQUEST #81700057 Page 5 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. 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. .1. 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 REQUEST #51700057 Page 6 material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. A. 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. B. 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 BID REQUEST #61700057 Page 7 any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. C. 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. D. Employee Financial Interest/Conflict of Interest — C.R.S. H24-18-201 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. E. 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. F. 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. G. 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. H. 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. 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 Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days BID REQUEST #81700057 Page 8 prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's 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; BID REQUEST #B1700057 Page 9 $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81700057 Page 10 PURPOSE: Weld County is soliciting bids to supply Weld County with Hot and warm Mix asphalt for 2017. 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, 2018, 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 2017 supply quantities outlined on page 13. 14. The successful vendor shall execute a supply bond for their awarded materials. BID REQUEST #81700057 Page 11 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 2017 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 REQUEST #81700057 Page 12 Rose Everett From: Sent To: Subject: Attachments: Julie Cristello <julie.cristello@aggregate-us.com> Monday, February 27, 2017 2:19 PM bids BID Number: B1700057 Weld County Bid B1700057.pdf I hereby waive my right to a sealed bid. Julie Cristello Sales Representative Asphalt Aggregate Industries US WCR 1705 South Acoma St. Denver, CO. 80223 Phone: 303-716-5367 Cell Phone: 303-378-9053 eFax Number: 877-758-3858 Email: Julie.Crlstelloa.adaregate-us.com www.auoregate-us.com A member of the Holcim Group This email is confidential and intended only for the use of the above named addressee. If you have received this email in error, please delete it immediately and notify us by email or telephone. MEMORANDUM TO: Marcia Walters, Purchasing Department DATE: 3/3/2017 FROM: Neal Bowers, Pavement Management Supervisor SUBJECT: Bid Recommendation for #81700057 Hot & Warm Mix Asphalt / Asphalt Supply 2017 On February 25, 2017 the bids for Hot & Warm Mix 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 2017 budget for maintenance overlays, and BOCC approved HARP road projects. Lowest bid for the north county was submitted by Martin Marietta Materials Inc. Public Works Department has purchased asphalt materials from 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 N. 35th Ave, Greeley CO Grading "S" 56,500 tons @ $47.00 = $2,655,500.00 Emulsified Asphalt 40,000 gallons @ $3.80 = $152,000.00 Martin Marietta Materials Inc. North Total $2,807,500.00 Lowest bid for the south county was submitted by Aggregate Industries. Public Works Department has purchased asphalt materials from the low bidder before with satisfactory results, and recommends Aggregate Industries be awarded the bid for the South County asphalt materials supply. 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