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Home My WebLink About20171926.tiffNA0.0 ‘D-locpgt, BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2019 Crushed Type 1 Cover Coat Aggregate Supply DEPARTMENT: Public Works DATE: 4/1/2019 PERSON REQUESTING: Neal Bowers Brief description of the problem/issue: The conditions for renewal of the Chip Seal Aggregate Supply for 2019 specifies the ENR (Engineering News and Record) for crushed stone (Denver) for maximum allowed price from one year to the next, for 2019 is (+) 1%. Martin Marietta Materials did not request an increase over 2018 prices. This extension would be the third year of a possible three-year limit. What options exist for the Board? (include consequences, impacts, costs, etc. of options): I. Renew the contract with Martin Marietta Materials. 2. Rebid the 2019 Crushed Type I Cover Coat Aggregate Supply. Recommendation: Public Works recommends option 1. Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Lt - Approve Schedule Recommendation Work Session Other/Comments: a4)464 -e -(i)4)) 1/4tVe-r/e)o) CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS This Agreement Extension/Renewal ("Renewal"), made and entered into 27 day of February, 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, 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. 20174926, approved on 7/31/2017. 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 7/31/2019. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 8/1/2019, and will end on 7/31/2020. • 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 attached 2019 Bid Schedule, which is incorporated herein. 2. The original contract price shall be modified to no more than $432,000.00 for the contract period between August 1,2019 and July 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: e‘111‘41f 4-71- 431 Printed Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Wel BY: Barbara Kirkmeyer, Chair / APR I/5 2D19 _dr/Lev ado; Deputy Cler /o th Board 7-19a4. 2019 BID SCHEDULE Crushed Type I Cover CoatAaarefiate Martin Marietta Materials ITEM# ITEM QUANTIT UNIT PRICE CONTRCT GRAVEL PIT PER LOCATION AND Y PRICE UNIT NAME 703.05 Chips (Type I) 9,600 Ton 419,IV J G-7VeiY tVC /4 j3 /VIVA) CO, Prices will include all labor and equipment cost necessary to crush, stockpile and load material for use. Bidder must include the name and location of gravel pit and where material will be picked up by Weld County personal. The remainder of this page left blank intentionally REF CERTIFICATE OF LIABILITY INSURANCE DATE (MMeDIYYYY) 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, C0rth 0Suite 3600 hattoft9, NC o Alin: CA NON-RESIDENT NO. 0B22889 CN102458548-1.MMM-GAWX-18-19 CONTACT moue ramtt. Pet. ADDRESS: INSURER(8) AFFORDING COVERAGE RAC* INSURER A : ACE America: Ins rance Camel/ 21667 INSURED Merlin Marietta Materials, Inc. Attn: Todd Crump 2710 Wycliif Road PO Box 30013 Raleigh, NC 27622 INSURER B : Indemnity Ins Co Of North America 43575 INsuRER q : ACE Property And Casually Ins Co 20699 INSURER D INSURER S : INSURER F : - - l.vrwsacrc. 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. bap TYPE OF INSURANCE AODL ,AASD SUeR wvi POLICY NUMBER N MNF7! YYYI AWN, 1 LIMITS A X COMMERCIAL GENERAL LIABILITY HBOG71209659 09/30/2018 09/3012019 t:ACHoccuRRENce $ 3,000,000 1 CLAIMS -MADE n OCCUR DAMAGE TO RENTED $ 50,000 PREMISES (acceptance MED EXP (Any one $ person) PERSONAL 8 ADV INJURY $ 3,000,000 GENI. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X I POLICY 2F17 LI,,.' l LOC PRODUCTS - COMPIOP AGG $ 6,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISAH25272274 09/3012018 09/30/2019 (Ea MD SINGLE LIMIT madenti $ 5,000,000 X ANY AUTO— OWNED SCHEDULED BODILY INJURY (Per person) $ A AUTOS ONLY HIRED X AUTOS NON -OWNED BODILY INJURY (Per accident) $ X A AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE er sodden)) $ $ G X UMBRELLA LIAB X ,_,- OCCUR 626167581063 09/30/2018 09130/2019 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 DEO I I RETENT ON S $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYI YIN WLRC6543586A (ADS) 09/30/2018 09/30/2019 x PER Call - STATUTE I I ER ANYPROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑N NIA WLRC65435901 (CA) 09/30/2018 09/30/2019 E.L. EACH ACCIDENT $ 2,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 2,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000 OIXI r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space la required) Cerificate holder Is 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. Waiver of subrogation Is applicable where required by written contract and subject to policy terms and conditions. This Insurance is primary and non-contributory over any exlsling insurance and limited to liability arising out of Poe operations of the named insured subject to policy terms and conditions wllh respect to General Liability and Automobile Llablllly. LLATION Weld County Government 1150 0 81. Greeley, 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 Slefani ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Clerk to the Board DATE: March 12, 2018 FROM: Neal Bowers -Public Works Dept. SUBJECT: CONSENT AGENDA Acceptance of Contract Agreement RE: Renew/Extend 2018 Crushed Type 1 Cover Coat Aggregate Supply with Martin Marietta Materials. CONTRACT ID: #1710 Acceptance of a Contract Extension/Renewal with a yearly rate adjustment. atz' c-L60-e-ekliA0 o2oi7- �ga,� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW RE: 2018 Crushed Type 1 Cover Coat Aggregate Supply Renewal DEPARTMENT: Public Works DATE: 2/15/18 PERSON REQUESTING: Neal Bowers Brief description of the problem/issue: The original agreement for 2017 Crushed Type 1 Cover Coat Aggregate Supply (3/8 chips for chip seal) can be extended from August 1, 2018 to July 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 aggregate (Denver), which was a .02% increase from January 2017 to January 2018. Martin Marietta Materials did request an increase of .0225% in the price of chips per ton. Martin Marietta was the only bidder for this material in 2017. The price increase was $1.00 per ton and the ENR allows for $0.88 per ton increase. On an anticipated purchase of $450,000 the requested increase over the allow ENR index amounts to $1,200. If we rebid this product with only one bidder we would likely see same cost increase. The bid submitted doesn't exceed the 2018 chip seal budget. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Accept the requested price increase and renew the contract with Martin Marietta. 2. Rebid the aggregate supply for 2018. Recommendation: Because Martin Marietta was the only bidder for chips last year, and it's quite possible the increase would be greater if the product was rebid, we recommend option number one. Approve Recommendation Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Schedule Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS This Agreement Extension/Renewal ("Renewal"), made and entered into 15 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 Martin Marietta Materials 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. 2017-1926 approved on 7/31/2017. 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 7/31/2018. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin 8/1/2018, and will end on 7/31/2019. • 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 $450,000.00 for the contract period between August 1, 2018 and July 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: Prin -d 4 itx(6,74 Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair ATTEST: Weld C BY: Deputy Clerk MAR 1 9 2018 d rk to the Bo rd the :oard / I 020/ 7--- /9;2_6. 2018 BID SCHEDULE Crushed Type I Cover Coat Aggregate Martin Marietta Materials ITEM# ITEM QUANTIT UNIT PRICE CONTRCT GRAVEL PIT Y PER LOCATION AND UNIT PRICE NAME 703.05 3/8" Chips (Type I) 10,000 Ton $45.00 $450,000.00 Pyststmis s '4 ,a,/ 09 u, 6,5/.5 - Aug at/ ea dl'aG3/ Prices will include all labor and equipment cost necessary to crush, stockpile and load material for use. Bidder must include the name and location of gravel pit and where material will be picked up by Weld County personal. The remainder of this page left blank intentionally ACG R�® v CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/29/2017 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 J56965-1.MMM-GAWX-17-18 CONTACT PPHON: FAX (A/CNNo. Ext): E 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 B : 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-004700191-04 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG27871525 09/30/2017 09/30/2018 EACH OCCURRENCE $ 3,000,000 DAMAGE TO RENTED PREMISES (Ea occurnce) $ 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 PRO- 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 ISAH09063717 09/30/2017 09/30/2018 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 G28167581002 09/30/2017 09/30/2018 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED I I RETENTION $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBEREXCLUDED?ECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N /A WLRC64619457 (AOS) WLRC64619792 (CA) 09/30/2017 09/30/2017 09/30/2018 09/30/2018 X I PER OTH- STATUTE 1 ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is additional insured under General Liab lily 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 ,�M -- _�,- t, ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CArdrasj► oF`' la a-1 MEMORANDUM TO: Clerk to the Board DATE: July 26, 2017 FROM: Neal Bowers, Public Works Department SUBJECT: BOCC Agenda OnBase ID #1289 Agreement for the materials or equipment between Weld County and Martin Marietta Materials, Inc. M--.\Marj AGENDA memos \Agenda Item docx o.c.eig), 7 3/-17 WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & MARTIN MARIETTA MATERIALS INC. THIS AGREEMENT is made and entered into this 17 day of July, 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., who whose address is 1800 N. Taft Hill Rd. Fort Collins 80521, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Crushed Type 1 (3/8") Cover Coat Aggregate Supply for 2017 with a possible 2, one year renewals. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1700111". 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 go/ 7- / 902..E 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 and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Definitions "Standard:" When the word "standard" is used in the specification to describe an item 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 $440,000.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County. 10. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 11. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 12. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 13. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. 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 State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 16. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating thatthe County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights 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.: Gary Pearcy, Area Sales Manager Address: 1800 N. Taft Hill Rd. Address: Fort Collins, CO 80521 E-mail: Gary.Pearcy@martinmarietta.com Facsimile: With copy to: Name: Position: Address: Address E-mail: 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 17 day of July, 2017. CONT • A CTOR: 77 By: Name: Title: Date WELD COUNTY: (� ATTEST: AtAN Gpiok, BOARD OF COUNTY COMMISSIONERS Weld • ty er tot e oard WELD COUNTY, COLO • • DO BY: Deputy Cl!;to the B Julie Cozad, Chair JUL_ 2017 024/7- /f0.2. ,4� o� CERTIFICATE OF LIABILITY INSURANCE D0M1920etroolww) 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 Tryon Street, Suite 3600 Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. 0822889 J56965-1.MMM-GAWX-16.17 CONTACT NAME: PHONE 1 FAX !VC. NO. Ertl: LAIC. NOT: EMAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC 0 INSURER A : ACE American Insurance Company 22667 INSURED Martin Manetta Materials, Inc. Attn: Todd Crump 2710 Wydiff Road PO Box 30013 Raleigh, NC 27622 INSURER a - Indemnity Ins Co Of Nod America 43575 INSURER C : North American Elite Insurance Company 29700 issuRER D : Agn General Insurance Company 42757 INSURER E : INSURER F : ATL-004166864-01 REVISION NUMBER: THIS IS TO CERTIFY TI-tAT THE POLICIES OF INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE jAr SD SUM WPOLICY NUMBER MMIDD POLICY YI UCY EX? IMEPP M/DDf WYY1 LIMITS A X I COMMERCIAL GENERAL LIABILITY HDOG27857012 09/30/2016 09/30/2017 EACH OCCURRENCE S 3,000,000 CLAIMS -MADE !rn OCCUR DAMAGI PREMISES ( TO RENTED (Ea occurrence) $ 50,000 MED EXP (Any one person) S PERSONAL II ADV INJURY S 3,000,000 GENII X AGGREGATE UM1T APPLIES PER: POLICY JPRO- ECT LOC OTHER: GENERAL AGGREGATE s 6,000,000 PRODUCTS - COMPIOP AGG 15 6,000,000 I $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED ISAH09049617 09/30/2016 09/3012017 COMBINED 1 SINGLE LIMIT i accident) $(Ea 3,000,000 BODILY INJURY (Per parson) S BODILY INJURY (Per accident) I S PROPERTY DAMAGE (Per accident) S S C X UMBRELLA LIAB X OCCUR EXCESS LIAB 1 CLAIMS -MADE UMB200030002 09/30/2016 09/3012017 i EACH OCCURRENCE s 1,000.000 I AGGREGATE 5 1,000,000 DED I 1 RETENTIONS I 5 B I) A WORKERS AND ANY OFFICERJMEMBER (Mandatory 1/ Yes. DESCRIPTION COMPENSATION EMPLOYERS' UABIUTY Y r N PROPRIETORIPARTNERJEXECUTIVE EXCLUDED? N NIA WLRC49100723 (AOS) WLRC49100735 (TN) WLRC49103266 (CA) 09/30/2016 09130/2017 09/30/2016 09/30/2017 09/30/2016 09130!2017 I X I PEATUTE I I ERH I E.L. EACH ACCIDENT s 2,000,000 I E. L. DISEASE -EA EMPLOYE5 2,000,000 E in NH) describe under OF OPERATIONS below E.L.DISEASE - POLCY LIMIT 15 2,OOa,00o' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD Certificate holder is additional insured under General Liability and policies. Waiver of subrogation Is app, cabs where required by written liability arising out of the operations of the named insured subject 101, Additional Remarks Schedule, may be attached It more space is required) Automobile Liability as their interest may appear, if rectuired by written contract with the named Insured, subject to the terms and conditions of the contract and subject to policy terms and conditions. This insurance is primary and non-contributory over any existing insurance and limited to lo policy terms and coeditors with respect to General liability and Automobile Liability. CERTIFICATE HOLDER Weld County Government 1150 0 St. Greeley, CO 80631 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL GE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE or Marsh USA Inc. Annette Stefan' 'J 1988-2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014/01) The ACORD name ana logo are registered marks Dr ACORD EXHIBIT A WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE 2017 Crushed Type I Cover Coat Aggregate Supply (with options for renewal in 2018/2019) June 2017 for Weld County Public Works Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS BID REQUEST #61700111 Page 1 EXHIBIT A 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 construction of this project. BIDDING REQUIREMENTS Notice to Bidders 3 Invitation for Bids . . . 3-4 Instructions to Bid . . . 4-8 Insurance Requirements 8-10 Specifications and/or scope of work and proposed pricing 11 Bid Schedule . . 12 &13 Bid Submittal Checklist 14 IRS Form W-9 15 Anti -collision Affidavit....16 SPECIAL PROVISIONS Project Special Provisions Index Project Special Provisions ... 17 18-21 BID REQUEST #B1700111 Page 2 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JUNE 2, 2017 BID NUMBER: B1700111 DESCRIPTION: CRUSHED TYPE I COVER COAT AGGREGATE SUPPLY DEPARTMENT: PUBLIC WORKS DEPARTMENT/PAVEMENT MANAGEMENT MANDATORY PRE -BID CONFERENCE DATE: NOT APPLICABLE BID OPENING DATE: JUNE 27, 2017 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: CRUSHED TYPE I COVER COAT AGGREGATE Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150O Street Room #107 Greeley CO 80631 until: JUNE 27, 2017O10:00 am (Weld County Purchasing Time Clock). PAGES 1 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing 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 — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o 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 #81700111 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, 1150O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 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. BID NO # B1700059 Page 4 EXHIBIT A 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E - Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5- 101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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. BID NO # B1700059 Page 5 EXHIBIT A C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 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. BID NO # B1700059 Page 6 EXHIBIT A K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The 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. O. 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. P. 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. Q. 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. R. 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 BID NO # B1700059 Page 7 EXHIBIT A 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. S. 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. T. 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. U. 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. V. 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. W. 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 forthe 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 BID NO # B1700059 Page 8 EXHIBIT A 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 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. BID NO # B1700059 Page 9 EXHIBIT A 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. The remainder of this page left blank intentionally BID NO # B1700059 Page 10 EXHIBIT A SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Purpose The project in general consists of crushing, stockpiling, delivery to a location within 20 miles of 1111 H street Greeley, Co and loading 10,000 tons of Crushed Type I cover coat aggregate material into Weld County trucks chip seal projects in Weld County. General Conditions and Information: 1. Weld County will not supply any material for this project. 2. SCHEDULE: Total quantity of Type I aggregates shall be available to be picked up by Weld County personnel no later than November 1, 2017. Location shall be within 20 miles of 1111 H Street Greeley, Colorado 80632. 3. Certified scales on belt or buckets are required. 4. Payment shall be made according to the bid price as determined by scale tickets or run sheets from the pit. All tickets for run sheets must be signed by a Weld County employee. 5. Weld County Public Works personnel normally work 7:00am to 3:30 pm, Monday through Friday. Occasionally, due to circumstance beyond our control, work may extend to earlier than 7:00am and later than 3:30pm and/or Saturday and/or Sunday. The successful bidder is required to accommodate these situations. 6. Weld County will select the bidder based on the lowest cost to the County, considering project location and hauling cost. Materials' may be awarded to different bidders based on pit locations relative to the project locations. The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2011, unless otherwise stipulated in this document. References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Below is a list of project specials for this contract and the Project Special Provisions can be found on pages 17-21. Section 105.22 Section 106.03 Section 106.08 Section 703.05 Dispute Resolution Samples, Test, Cited Specification Storage of Materials Aggregates for Cover Coat Material Weld County Contract: Questions related to the project and procedures should be directed to: Neal Bowers Pavement Management Supervisor Weld County Public Works 970.400.3744 nbowers@co.weld.co.us Terms and Conditions: The Agreement shall commence approximately June 2017 and continue in full force for one year. At the option of the County, the Agreement may be annually extended for up to two (2) additional years. Increases in the Cost may be negotiated for subsequent renewal of the second and third additional one- year periods. The base price per ton may increase from one year to the next by no more than the percent change amount reflected by the Engineering News and/or Record (ENR) Material Cost index. BID NO # 61700059 Page 11 EXHIBIT A 2017 BID SCHEDULE Crushed Type I Cover Coat Aggregate ITEM# ITEM QUANTITY UNIT PRICE CONTRCT GRAVEL PIT LOCATION PER UNIT PRICE AND NAME 703.05 3/8" Chips (Type I) 10,000 Ton Prices will include all abor and equipment cost necessary to crush, stockpile and load material for use. Bidder must include the name and location of gravel pit and where material will be picked up by Weld County personal. WILL YOUR COMPANY BE ABLE TO MEET THE ESTIMATED DATES FOR PICK-UP OF THE TYPE I AGGREGATE AS SPECIFIED ON PAGE 11 NOTE #2 OF THE SPECIFICATIONS AND SCOPE OF WORK? YES NO IF YOU ARE NOT ABLE TO MEET THE SCHEDULE SPECIFIED ON PAGE 11, PLEASE SPECIFY ALTERNATIVE DATES MATERIAL WILL BE READY FOR PICK UP: The remainder of this page left blank intentionally BID NO # 81700059 Page 12 EXHIBIT A 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. #61700111. 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 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BID NO # B1700059 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. ❑ Receipt of addenda(s), if any, should be signed. ❑ W-9 (page 15) ❑ Anti -Collusion Affidavit. (page 16) ❑ Bid Schedule (page 12 & 13) BID NO # B1700059 Page 14 EXHIBIT A Form W-9 (Rev. August 2013) Department of the Treastry Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown an your Income tart return) Business name/disregarded entity name, if different from above Check appropriate bar to federal tax cl ssificatiore ❑ Individual/sole poprieta ❑ C Corporation ❑ S Corporation ❑ Partnershp ❑ ❑ Limited lability company. Enter the tax classification (C=C corporation, S=S corporation, P=parhiership)► ❑ Other (see instructions) P Trust/estate Exemptions Exempt payee Exemption code Of any) (see instructions): code Of arty) fran FATCA reporting Address (number, street, and apt. a stNe no.) Requester's name and address (optimal) City, state, and ZIP code Lst accamt numbers) here (optimal) Pa Taxpayerldentiflcation Number (TIN) - Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup wititolding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, a disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 fa guidelines on whose number to enter. Employer identification mrnber Part II Under penalties of perjtry, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result Of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (d any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Certification Signature of US. person le Dar le General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Nato developments. The IRS has created a page on IRS.gw fa infamatm about Eons W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your coned taxpayer identification number (IN) to report, for example, income pad to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt. or contributions you made to an IRA Use Farm W-9 only it you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and. when applicable, to: I. Certify that the RN you are giving is correct (a you are waiting for a amber to be issued), 2. Certify that you are not wbiect to backup withholding, a 3. Claim exemption from backup withholding if you are a U.S. exempt payee. ff applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not sublect to the withholding tax on foreign patters' share of effectively corrected income, and 4. Certify that FATCA code(s) entered on this tam (if any) indicating that you are exempt Fan the FATCA reporting, is carred. Note. If you are a U.S. person and a requester gives you a fam other than Farm W-9 to request your TIN, you must use the requester's form if rt is substantially similar to this Form W-9. Definition of a US. person For federal tax purposes, you ate considered a U.S. person it you are: • An individual who is a U.S. citizen a U.S. resident alien, • A partnership, corporation, company, a association created or organized in the United States or under the laws of the Urited Stales, • An estate (other than a foreign estate), a • A domestic bust (as defined in Regulations section 301.1701-7). Spatial rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Father, in certain cases where a Form W-9 has not been received. the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade a business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. B-2013) BID NO # B1700059 Page 15 EXHIBIT A BID NO # B1700059 Page 16 EXHIBIT A COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Comrecmis ti MI or company name By Date Tire 2nd contactors Fm, or company vane (Non, worn ^, By Dale Title Sworn to before me this day of, 20 Notary PUNIC My loameson emcee NOTE: This document must be signed in ink. coot Form Meat 1/02 BID NO # B1700059 Page 17 EXHIBIT A WELD COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Index Page Revision of Section 105.22 Revision of Section 106.03 Revision of Section 106.08 Revision of Section 703.05 — Dispute Resolution — Sample, Test, and Spec — Storage of Materials — Aggregates for Cover Coat Material (March 2014) (March 2014) (February 2011) (February 2011) The remainder of this page left blank intentionally Page 17 18 19 20 21 BID NO # B1700059 Page 18 EXHIBIT A REVISION OF SECTION 105 DISPUTE RESOLUTION Section 105 — Definition and Terms is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures for Subsection 105.17 except that all claims 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 of its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department of 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, County Engineer Project Inspector: Joshua Holbrook, Construction Inspection Supervisor The remainder of this page left blank intentionally BID NO # B1700059 Page 19 EXHIBIT A REVISION OF SECTION 106 SAMPLES, TESTS, CITED SPECIFICATIONS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall be revised as follows: 1) Sampling and testing will be done in accordance with table 1-A 2) Weld County reserves the right to select random samples from the stock pile for retesting. The retesting may be prior to or after incorporation of materials in the work. Those materials sampled and tested that do not meet the requirements of the contract will be rejected or will have a price reduction applied per section 105.03. 3) OA will be in accordance with the 2017 field material manual. 4) Point of Verification for quality determination will be the stock pile of delivered material. PC FREQUENCY GUIDE SCHEDULE MINIMUM MATERIALS SAMPLE AND TESTING. TABLE 1-A Type of Test Sampling and Testing Frequency Testing (ASTM or AASHTO) Gradation 1 per 1,000 tons AASHTO T27 and T11 / CP 31 LA Abrasion 1 per source AASHTO T96 Fractured Faces 1 per source CP 45 Flat and Elongated Aggregate 1 per Source ASTM D4791 The remainder of this page left blank intentionally BID NO # B1700059 Page 20 EXHIBIT A REVISION OF SECTION 106 Storage of Materials Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.08 shall be revised as follows: Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though conditionally approved before storage, will be subject to inspection and testing prior to incorporation into the work. Storage of material could be required for the length of the contract, or through December 30, 2017. The remainder of this page left blank intentionally BID NO # B1700059 Page 21 EXHIBIT A REVISION OF SECTION 703.05 Aggregate of Cover Coat Material Section 703 of the Standard Specifications is hereby revised for this project as follows: Subsection 703.05 shall be revised as follows: The aggregate shall conform to the following requirements: 1) Aggregates for Cover Coat material shall be crushed stone. 2) All aggregates shall be crushed and exhibit 100% fractured faces. 3) Percentage of wear, Los Angeles Abrasion Test (AASHTO T 96), maximum loss of 30%. 4) At least 90 percent by weight of the particles retained on the #4 sieve shall have at least two fractured face. 5) The maximum amount of flat and elongated aggregate with a ratio of 3:1 shall not exceed 12 percent as Determined by ASTM D4791 6) The results of an analysis of the aggregate, performed by an independent testing laboratory on a representative sample then in the presence of Weld County personnel, shall be furnished to Weld County at least fifteen working days prior to initial product pick up. Table 703-6 Gradation Specifications for Cover Coast Aggregate The remainder of this page left blank intentionally BID NO # B1700059 Page 22 X 2017 BID SCHEDULE Crushed Type I Cover Coat Aggregate ITEM# ITEM QUANTITY UNIT PRICE CONTRCT GRAVEL PIT LOCATION PER UNIT PRICE AND NAME 703.05 3/B" Chips (Type I) I 10,000 Ton fry ziii�r�4� iliv 3 deih PST r £ 7' /'Ai Prices will include all labor and equipment cost necessary to crush, stockpile and load material for use. Bidder must inc;ude the name and location of gravel pit and where material will be picked up by Weld County personal. WILL YOUR COMPANY BE ABLE TO MEET THE ESTIMATED DATES FOR PICK-UP OF THE TYPE I AGGREGATE AS SPECIFIED ON PAGE 11 NOTE #2 OF THE SPECIFICATIONS AND SCOPE OF WORK? yYES NO IF YOU ARE NOT ABLE TO MEET THE SCHEDULE SPECIFIED ON PAGE 11 PLEASE SPECIFY ALTERNATIVE DATES MATERIAL WILL BE READY FOR PICK UP: /tf/iff The remainder of this page left blank intentionally 131D NC # B1700059 Page 12 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. #81700111. 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 `6e d 111- Ai( ADDRESS CITY, STATE, ZIP CODE 66SZJ TELEPHONE Nq1"1() -7-46 7 FAX TAX ID# ��'��C%Sr�� Pl-d-ktey 4 g44Zf�' i k, PRINTED NAME AND TIT SIGNATURE DATE "THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -- 8. BID NO # B1700059 Page 13 -r<n,s(.-r vo COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT I hereby attest that 1 am the person responsible within my tirm +or the final decision as to the pricers) and amount of this bid or, It not, that' have written authorization, enclosed rterewith, from that person to maKe the statements set out below on his or ner behalf and on behalf of my firm I further attest that: I The pnce(s) and amount of this bud have been arrived at independently. without consultation. communication or agreement for the purpose or with the effect of restricting competition with any other tfrm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this protect, and will not be so disdOsed prior to bid opening. 28. Neither the pies nor the amount o1 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 t0 retrain from bidding on this protect, 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. 36. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this prolect to submit an intentionally high noncompetitive or other form of complementary bid on this protect. 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 nigh, 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 safe 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 protect, in consideration for an agreement or promise by any firm cr person to refrain from bidding or to submit any intentionally high. noncompetitive or other form of complementary bid or agreeing Of promising to do so on this protect. 6 My firm has not accepted or been promised any subcontract cr agreement regarding the sate 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 protect, in consideration tor my firm's submitting any intentionally high. noncompetitive or other form of complementary bid, or agreeing or promising to do so. on the protect. 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 riot 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 fraudutert 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 .,v,: rcr: :.ir ^vrw9'=rt'a ;! giet7ty Mo- h/Z//( y , I .1.. -111 Sworn to before me this 026, /4 day of, �(�!'- 20 / / � a.4 e_ f7""'A PATRESE E YARBROUGH NOTARY PUBLIC STATE Of COLORADO NOTARY I0 20054012216 COAUMMiacsawmukasa.4..&•440~-irf se Q _(029/4 / OTE: This document must be signed in ink. , BID NO # 61700059 Page 16 Form Wag (Re',. October MOT) es owe -ewe en ue Theeirr tiers amens seem hm Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific instructions on page 2. Name (s sawn on your income tax return) Martin Marietta Materials Inc Business arms. d aerram from above check appWriate box: 0 Individual/Sde proprietor l Corporation 0 Partners*. ❑ limited atlisy company. Enter the tax classification (0'aa'ess'dsd entity. C --corporation, Pc -partnership) ► ❑ CI. l+1:2 50 0 p Address (nunbw. strait, and apt. or ale no.) PO Box 84824t Requester's name and address (optbmq City. stale. and ZIP code Dallas, TX 75284 List =mum number(s) Nam (optoreg P-hrt I Taxpayer identification Number Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For otter entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 7W on page 3. Note. If the account is In more than one name, see the chart on page 4 for guidelines at whose number to enter. Part II Under penalties of perjury, I certify that 1. The number shown on m's tam is my correct taxpayer kdentifIcation number (or I am waiting for a number to be issued to me), and 2. lam not subject to backup withholding because: (a)lam exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified fro !Pathan am no longer subject to backup withholding, and 3. I an a U.S. citizen ar other U.S. person (defined below). Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. Ran 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and other t Interest and dividends. you are not required to sign the Certification, but you mot - - provide your correct TIN. . y -, • - Qn pa 4. Certification Social security number Or Endow won nab, 56 : 1848578 sign Here Stratum , of U.S. person ► General Instructions Section references are to the internal Revenue otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid. acquisition or abandonment of secured properly. cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person Qncludirg a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners share of effectively connected income. Note. It a requester gives you a form other than Form W-9 to request your TIN. you must use the requester's form if it is substantially similar to this Form W-9. unless aa...3/CoIP- Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received. a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 rev. 1n-21107) MEMORANDUM TO: Marcia Walters, Purchasing Department DATE: 7/6/2017 FROM: Neal Bowers, Pavement Management Supervisor SUBJECT: Bid Recommendation for #B1700111 Crushed Type 1 (3/8") Cover Coat Aggregate Supply On June 27, 2017 the bid for Type 1 (3/8" chip) Cover Coat Aggregate Supply was opened from one bidder. The Public Works Department recommends that the bid be awarded to Martin Marietta Materials for $440,000.00. Public Works Department has purchased aggregate supply from them on several occasions with satisfactory results. As per the work session with the BOCC on 5/10/2017 about chip supply the cost of the aggregate will be supplemented this year to buy aggregate for the 2018 chip seal program. Martin Marietta Materials Inc. 3 Bells Pit is located at 6428 E County Rd. 32E Fort Collins CO Type 1 (3/8" chip) 10,000 tons @ $44.00 = $440,000.00 cc: Jay McDonald, Curtis Hall, Mona Weidenkeller, Don Warden ��7 -19a1P ty// WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersaco.weld.co.us E-mail: reverettocco.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JUNE 27, 2017 REQUEST FOR PROPOSAL: CRUSHED TYPE 1 COVER COAT AGGREGATE SUPPLY DEPARTMENT: PUBLIC WORKS DEPT BID NO: #81700111 PRESENT DATE: JUNE 28, 2017 APPROVAL DATE: JULY 12, 2017 VENDORS PRICE PER TON* MARTIN MARIETTA 1800 NORTH TAFT HILL RD FT COLLINS CO 80521 *BASED ON 10,000 TON OF 3/8" CHIPS/TYPE 1 PUBLIC WORKS WILL REVIEW THE BID 11Az? $44.00 GRAVEL PIT 3 BELLS PIT FT COLLINS 2017-1926 E- 61- Hello