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Home My WebLink About20140570.tiffMEMORANDUM TO: Clerk to the Board DATE: February 17, 2016 FROM: Neal Bowers, Public Works Department SUBJECT: Agenda Item RE: doc #2014-0570 2016 Hot and Warm Mix Asphalt Supply (North County only) Contract Agreement Extension/Renewal with Martin Marietta Materials. Enclosures M:\Francie\AGENDA memos\Agenda-Neil. doc bvt%301,,v AvsuiNc)u9-- RECEIVED FEB 18 2016 WELD COUNTY COMMISSIONERS Cc/ LetvM.81) at- aq- /6 x/1570 .___----- BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: 2016 Hot and Warnl Mix Asphalt Supply(North County Only) DEPARTMENT: Public Works DATE: 2/8/2016 PERSON REQi1ESTING: Neal Bowers, Public Works Brief description of the problem/issue: The original agreement for Hot and Warm Mix Asphatt Supply 20�4(North County Only)can be extended from April 1, 2016,to March 31,20I7, as permitted by the contract. This extension would be the third year of a possible three year contract. Martin Marietta Materials(asphalt supply north)did not request an increase in the price of asphalt per ton. The bid submitted doesn't exceed the 2016 maintenance overlay budget and the BOCC approved HRP overlay projects. What options exist for the Board? (Include consequences,impacts,costs,etc.of options) The Board may either approve or deny the contract extension/renewal. Recommendation: Public Works recommends approval of the renewal for Martin Marietta Materials contract for Hot and Warm Mix Asphalt Supply(North County only}. A r ve Schedule Recnmmendation Work Session Other/Comments: Mike Freeman,Chair ��1''w Sean P.Conway,Pro-Tem __LCT_�' .__.._ Julie A.Cozad Barbara Kirkmeyer Steve Moreno 1� � M:�FORMS\WorkSession-pa sxround2016,doc 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 8 day of February, 2016, 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. 2014-0570, approved on March 31, 2014. 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 March 31, 2015. The parties agree to extend the Original Agreement for an additional 365 Day period, which will begin April 1, 2016 and will end on March 31,'2017. • 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 2014 Bid Schedule of the original contract shall be replaced with the attached 2016 Bid Schedule, which is Incorporated herein. 2. The original contract price, shall be modified to no more than $2,553,000.00 for this contract period between April 1, 2016 and March 31, 2017 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: Martin Marietta Materials, Inc. Kenneth R Printed N ATTEST: d4ZAKI Weld C• Jerk to the Board BY Deputy Cler APPROVED AS TO FUNDING: Controller APPROV, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Y1� Mike Freeman, Chair FEB 2 4 2016 APPROVED AS TO SU Director of General Services County Attorney BID PROPOSAL Mot And VI/arm Mix Asp#ra(t f As�halt Supply 201G t�#Qrth Ccs�an� onlyl Martin Marietta Materials Preparation of the Bid: 8idders 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 fiiled out compfetely, fn detail, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporafions must be executed in the corporate name by the president or a vice presidenf(or other corporate o�cer accompanied by evidence of authority to sign}and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporatian shall be shown below the signature. Names of all persons signing must be printed below therr signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM # ITEM QUANTITY UNIT BID CONTRACT PRICE p7,pNT PRICE LOCATION p PER � UNIT HOT MIX ASPHALT 403.00 {GRADING-SX} NORTH TON $46.00 $0.00 (ASPHALT}(75) 0 (PG-84-22) (30 % RAP) HOT MIX ��R � ASPHALT � (GRADING-S) NORTH i 403.00 (ASPHALT}(75} 41,000 TON $44.00 � $1,804,000.00 �'c"';�'� � (PG-64-22) , ��' <ve � 30% RAP __ HOT MIX y� ..�,e.V._ � .._� ASPHALT � 403.00 ' �GRADING-G) NORTH TON $44.0Q $605,00Q.00 "'l`";'"`' (ASPHALT)(75) 13,750 -�5;.r ri•,✓� (PG-64-22) (30% RAP) HOT MIX � - ASPHALT � 403.00 �GRADING-SX) NORTH � TON $58.30 $0.00 'r`'��' (ASPHALT)(75) 0 ` (PG-64-28) 35�� _�ve 20% RAP __�� .�_... _ _ __.�.... WARM MIX �� ._-e�-�-.�--� ASPHALT � ' 403.00 �GRADING-S) ' NORTH ; �! (ASPHALT)(75) � p TON $45.0Q $0.00 � ; (PG 64-22) ; (30% RAP) � ' � EMULSIFIED � � 1 ASPHALT NORTH � ' 401.00 ; ONLY GALLON $3.60 `�r=��'�'=' � (CSS-1H) ' $144,000.00 40,000 ;�``� t_T,� � (TACK COAT) � ° � , � ( � BID SUMMARY Hat And Warm Mix Asphalt t Aspha�t Suqpiv 2fl16 fNcrrth Ccsunttr onlvl Martin Marietta Materials Each contractor is required to submit a bid based �n the listed 2016 quantities. The bidder awarded the North tiot and Warm Asphalt ! Asphalt Supply 2016 Bid wifl afso receive the Emulsified Asphalt Bid. I certify that the above quotation is exclusive of any federai excise taxes and ail other state and local taxes. i further certify that the items offered for intended use by Weid County will meet all specifications it has so indicated on this bid form. TOTAL BID SUMMARY$2,553,000.00 FIRN! Martin Marietta Materials, Inc. BUSINESS ADDRESS 1800 N. Taft Hil.l Rd. CITY, STATE, ZIP COQ� Fort Collins Co 80521 TELEPHONE NO. 70 407-3600 FAX NO. 970 407-3902 TAXP YER .D. 6- 8 78 BY: enneth a TITL : General ager DATE: 02/09/16 WELD COUNTY IS EXEMPT FROM COLORADO SALES 7AXES CERTIFICATE OF EXEMPTION NO. 98-03551; NOTE: The following are items of work to be completed by Weld County: � ACO� CERTIFICATE OF LIABILITY INSURANCE �osrzazo�s�� . 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 CONTACT MBfSh USA If1C. NAME: PHONE FAX 100 Norih Tryon Street,Suile 3600 [ Evc No: Charlotte,NC 28202 E-MAIL Attn:CA NON-RESIDENT NO.OB22889 ADDRESS: INSURER�S)AFFORDING COVERAGE NAIC# J56965-1.MMM-GAXWX-1�16 wsuRert n:ACE American Insurance Company 22667 INSURED wsuReR e:Indemnity Ins Co Of North America 43575 Martin Marietta Materials,Inc. Alln:Todd Crump INSURER C:NIA NIA 2710 Wycliff Road iNsuReR o:Agri Generai Insurance Company 42757 P.O.Box 30013 Raleigh,NC 27622 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-003820537-06 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE�ISTED 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 NAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR NPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY HDOG27400425 09/3012015 �913�12�16 EACH OCCURRENCE s 3,000,000 CLAIMS-MADE �OCCUR DAMAGE TO RENTED PREMISES Ea occurrence S 50,000 MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ 3,000,000 GEN'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 6,000,000 X POLICY❑ PR� � LOC PRODUCTS-COMP/OPAGG S B,000,000 JECT OTHER. � A AUTOMOBILE LIABILITY ISAH08860701 09/30I2015 09I30I2016 COMBINED SINGLE LIMIT g 3,��,0�� Ea accitlent X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accidenl) 3 AUTOS AUTOS X X NON-ONMED per�a cRdentDAMAGE y HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ � B WORKERS COMPENSATION WLRC48592430(AOS) 09I30/2015 09I30/2016 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A Y�N WLRC48592429(CA) 09130l2015 09/30I2016 ANY PROPRIETOR/PARTNER/EXECUTNE � N�A E.L EACH ACCIDENT $ Z,000,000 p OFFICER/MEMBER EXCLUDED? WLRC48592417 TN 09I30/2015 09/30I2016 (Mandatory in NH) � � E.L DISEASE-EA EMPLOYE 5 2,0�0,�00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Atlditional Remarks Schedule,may be attached if more space is required) Re:Hot and Warm Mlx Asphait/Asphalt Supply Cerlificate Holder islare additional insured under General Liability and Automobile Liability as their Inlerest may appear,if required by wririen contract wifh lhe named insured,subject to the terms and condifions of fhe policies. A waiver of subrogalion applies under General Liability,Automobile Liabllity,and Workers Compensation in tavor of the certificate holder,if required by writlen contract with ihe named insured,subject to lhe terms and conditions of the policies. General Liability and Auto Liability insurance is primary and non-conlributory over any existing insurance and limited to liability arising oul of the operations of the named insured and where required by wriflen and executed conUact. CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 H Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 758 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. NerisshaTucker '�-,3��,.p,�a4,-�� 6��...._ I O 1988-2014 ACORD CORPORATION. Ail rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Liberty Mutual Surety 450 Plymouth Road,Suite 400 Plymouth Meeting,PA 19462 SUPPLY CONTRACT BOND Bond 016066882 KNOW ALL BY TT�SE PRESENTS: That we, Martin Marietta Materiais, Inc. 1800 N. Taft Hill Rd., Fort Collins, CO 80521 as Principal,and Liberty Mutual Insurance Company ,a Massachusetts corporation,authorized to transact surety business in the State of Colorado ,as Surety,are held and firmly bound unto Weld County Public Works 1111 H. Street, P.O. Box 758, Greeley, CO 80632. as Obligee, in the sum of Two Million Five Hundred Fifty-three Thousand Dollars And Zero Cents ($ 2,553,000.00 ), lawful money of the United States of America,for the payment of which,well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,on the 9th day of February 2016 ,the Principal entered into a supply contract with the Obligee for furnishing Hot and Warm Mix AsphalU Asphalt Supply 2014(North County only) Original agreement extended from April 1, 2016 to March 31, 2017. which supply contract is by reference made a part hereof and is hereafter referred to as the Contract; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform said supply contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. DATED this 12th day of February 2016 Martin Marietta Materials, Inc. 1800 N. Taft Hill Rd., Fort Collins, CO 80521 Principal By: Byron Creech,Vice President and Treasurer Title Liberty Mutual Insurance Company `/!��c�2- � � Rebeca L. Gomez Porras Attorney-in-Fact S-1449/LM 10/99 XDP THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. . This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. ��s�2oa American Fire and Casualty Company Liberty Mutual Insurance Company , The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casuaity Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, BYron Creech•Kristy W.Kretzschmar•Rebeca L.Gomez Porras;Todd Crump all of the city of Raleigh ,state of NC each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Gompanies in their own p�oper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or o�cial of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of October , 2015 �, �ND CqSL ��v�rvs�, ,,Nsu,{ h�Ns�q� American Fire and Casualty Company � 4ti\,,.�aro;�;��vl/ e P,�,�9��v�;rqv,yM j}P�„��.3aqrq'�� Q��,+�P�l�,�v c^ The Ohio Casualty Insurance Company N � '� � � � � Liberty Mutual Insurance Company d a 1906 q o t939 n > 1972 ° `� 1441 � C 3 West merican Insurance Company � Q �� d �. �,,� o �. Q s � +� � 7 � � � y ��Gy'��.antsn��a d,5,"'��nmrvsr��-L 9i� ��ssc��a"��-`� � vc�a�s� T � t # * �t By' � � STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary � _� COUNTY OF MONTGOMERY C — O d p� On this �2ih day of October , 20i 5� before me personaliy appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v� v d Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, �W p� execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L � d � IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O C. y � gA �'ASp COMMONWEAL.TH OF PENNSYLVANIA � Q`O O � M' -a Q.��,�,14NWe.q�l�, Notarial Seai ��) ��,�� y..� �'N �.,�° {.^s y Teresa Pastella,Notary Pubiic gy; ��^-' `^�—'"-- ��Q'��"`z" � O i oF Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public y� � L a`4 My Commission Expires March 28,2017 � � �� 'pr��-�y�' Member,Pennsylvania Association of Notanes a � cp This Power ofAttorney is made and executed pursuant to an by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance vi p y'� Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: �� O> �L ARTICLE IV-OFFICERS-Section 12.Power ofAttorney.Any officer or other o�cial of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C �;; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �y O≤ acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective �� y' powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so � N �p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >� � � the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or offcers granting such power or authority. �� i.,N �ip = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, �a? > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, �-M O j seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their �� Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v� executed such instruments shall be as binding as if signed by the p�esident and attested by the secretary. �to Certificate of Designation—The President of the Company,acGng pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~� fact as may be necessary to act on behalf of the Company to make;execute,seal,acknowledge a�d deliver as surety any and all undertakings;bonds,recognizances and other surety obligations. Authorization—By unanimous consent of tMe Company'sBoard of Di�ectors,the Company consents tihat facsimife or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a ceRified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually a�xed: I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Gompany,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full;true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been�evoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this //� day of � ,20�_. �Nr)CA,S{� �(Y INS� �tNSJ�� c�tNstrq 4�'\aU �'wtr<�,�l�. e'�?`�x.c2, �9?� �vP,�yG)n,q�tt� Q�CrJppcaqt��('�^ V � r a 1906 � O 1913 r 1912 " ` 1991 ��. BY' � i x ° � ,;, a' Gregory W.Davenport,Assistant Secretary �.�"�- :F i� � '�F �`�"�a s,'?�; *`' � y � ��N,ry4A"F"'� C\ J�h,"'hihl:i�ct�`*� ) :ft.Y�liti `�; r'i::AM^ # � � � A * 47 of 300 LMS 12873 122013 ,ter COLORADO MEMORANDUM TO: Clerk to the Board DATE: March 4, 2015 FROM: Francie Collins, Public Works SUBJECT: Item attachment RE: Doc #2014-0570 Bid #B1400054 Attached is the Supply Contract Bond with Martin Marietta Materials, Inc. for the Hot & Warm Mix Asphalt/Asphalt Supply 2015 renewal (north county only) for your records. pc: Neal Bowers, Pavement Management Supervisor M:\Francie\AGENDA memos\ ItemForRecording-l.docx Catmint agenda, 3- 9 - 020/5 CG IcwfFG/N6�3/9 RECEIVED MAR 0 4 2015 WELD COUNTY COMMISSIONERS O2O/q -0570 EG0010 � � . Bond No.016059152 �t SAMPLE tlUYYLY CV1VY'1(ACf ISVIVL KNOW AI.L MEN BY TH&SE PRESENTS,T6ei, Martin Marietta Materials.Inc. 1800 N.Tafl Hill Road.Fort Collins.Colorado 80521 es Pri�ipel,(hereineftm celledthe Syipplier),�d�Libe M�tuml I�ns�r�nre e omPany m�e T� 175 Berkelev StreeC Bos[on,Massachusetls 021]6 es S�sety,(haeinafter called Siaety),aze held�d fiimly boimd imto N'eld County Public R'orks �ce�m�n�me m.aQsaQle�l tlue o[m.euyy 11 ll H Street,P.O.Box 758.Greelev,CO 80632 es Obligce,(haeinaNnr calied the Buyer),in ihe jvst and fiill aum of Four Million Cieht Hundred Eiehteen Seven Hundred Thir[v-cieht Dollars and Twen[v Cents Dollas f$�.818,73820'* ) for the paymant of w3rich simm,well�d�uly to be made,the said Supplier�d SureTy bind themselvea,aod iheirrapeMive heies, adminishsinn,axacutors,successors m�d esaigm,jointly and sevarelly fumly by these gesenb. WfiEREAS,1he Sup�lier has en[ared i�rto a cer[ain xzittm conIIact wilh tha Buyer dated March 31. 20,14 to fim�ieh[he followmg briefly des¢ibed supplies: B 1400054 Hol and Warm Mix Asphalt/Asphalt Supply?014(Norih County only) Origival agreemeot extended from 3/31/2015 t}w 3/3 L/2016. which conhect is hereby roferred to mmd made a part hereof as fu11y end te the aame extmt av if copied at fengih hvein NOW,THEREFORE,THE CONDI'IION OF THIS OHLI(3ATION is such that,if the said Supplier shall fully indemnify end reimburse tlie Buyer for any loss[Lat he/she(they,i[)may suffer through ibe feilure of the Supplier to fiunish said supplies m acc�d�ce wi�kt fhe tama of said contract,az�e time(s),and in the manna theraia specified,then tLis obligation shall be void�,o[herwue it shall remain in ful]force and effat PRO VIDED HO WEVER,i[shall be a condition precedent to azry right of rocovery hereimder,that in event of azry default on tLe part of tkin Sl�pplier,e writtm stazement of the patticulaz fects showing the dete and nahse of such defeult shall be immedietely delivaed to�he Suretyby carti5edmail at its Home Office in intercha�e Comorate Center.450 Plvmouth Road. Suite 400.Plvmou[h Meeti�2, PA ]y462 AND PRO VID5D FURTFiER tkiat no actioq suit or proceeding sk�all be had or maintained egainst the Smety on this ias4ument wless tha same be brought or instiMad and process served upon Uu Surety on or before ihe latez of the followiug: a) One yrar after the date of issuance of final payme[R to the Supplier�mder�he Ca[Nact;or b) One year after the expirafion date of any expreas wana¢ty period provided for in ihe conhact. IN WITNESS WHEREOF,the said Svppiim and S�aety hava signed azd sealed this inshumerdthis the 25th dav of February .2015 //.�/�i v � �o�) i� B ron Creech Vice Presiden[and Treasurer �"��.� Todd Crump Isuu� v(sa9 Rebeca L G6mez Porras,Attomev-In-Fact � —� �S e��ni�iGd'Cvpvre�Ac eemrys' oT � Todd Gump BID NO#B1400054 Page 26 7FIIS POWER OF ATTORNEY IS NOT VALID UNIESS IT IS PRINTED ON RED BACKGROUND. ; This Power of Attorney limits Ihe acts of those named herein,and they have no authority lo bind the Company except in the manner and lo the extent herein stated. Cerfii�cate No. aesuvaa American Fire and Casualty Company Libedy Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire&Casualty Company and The Ohio Casualry Insurance Company are corporations duly organized under the laws of Ihe Stale of New Hampshire,that Li6erty MuNal Insurance Company is a corporation duly organized untler the laws of the State of Massachusetts,and WestAmerican Insurance Company is a corporaiion duly organ'¢ed under the laws of the State of Indlana(herein collectively called Ihe"Companies'),pursuanf to and by aWhority herein set forth,does hereby name,constiWte and appoint, Bvron Creech� Kristv W.Kretzschmar Rebeca L Gomez Porras Todd Crumo all of the city of Raleiqh ,state of NC each individually if there be more than one named,its tme and lawful attomey-in-fact fo make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its acf antl deed,any and all undedakings,bonds,recognizances and other surety obligations,in pursuance of these presenis and shall be as binding upon Ihe Companies as ii Ihey have 6een tluly signed by the president and attested by�he secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Powei of Attorney has been subscribed 6y an authorized oKcer or official of the Companies and the corporate seals of the Companies have been affxed theretothis 2ntl dayof February , 2075 j, American Fire and Casualty Company � � � . � The Ohio Casualty Insurance Company N . � � , �. Libedy MuWal Insurance Company � ...,-j `.- WeslA�merican Insurance Company �N � � � � 3 � � v BY' � T C STATE Of PENNSYLVANIA ss David M.Care ,Assistant Secretary C R .%� COl1NTY OF MONTGOMERY c A m � On this Z�tl day of Febmary , 2o?5 , before me personally appearetl David M. Carey, who acknowledged himself to 6e the Assistant Secretary of Amencan Fire and �F � y Casualty Company,Liherty Mutual Insurance Company.The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, �,� p� exeate Ihe foregoing inshument for the purposes therein contained 6y signing on behalf of the corporations by himself as a tluly authorizetl officer. �W c � E Y � IN WITNESS WHEREOF,I have hereunto subscri6ed my name and affxed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 5rst above written. � a �� c�i �.y gy. ,�,(/L(,Q�) pa � ` Teresa Pastella,Notary Public y� y"O O � o;: a m c �o ThisPowerofAttomeyismadeandexeatedpursuanttoandbyauthoriryofthefollowingBy-IawsantlAWhorizationsofAmericanFireandCasualryCompany,TheOhioCasualtylnsurance yo y,`,� Company,Liherty Mutual Insurance Company,and West Amencan Insurance Company which resolutions are now in full force and effect reading as follows: �o rn m d ARTICLE IV—OFFICERS—Section 12.PowerofAttorney.Any offcerorotherofficial of the Corporation authorized for that purpose in writing hy the Chairman or ihe President,antl subject o c �4; to such limitation as the Chairman or fhe President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,exeate,seal, T� o� acknowledge and delivei as surery any and all untleAakings,bonds,recognizances and other surery obligations. Such attorneys-in-fact,subject to lhe limitations set fodh m their respective � 3 � y powers of attorney,shall have full powei to bind the Corporation by their signature and execution of any such instruments and to atlach thereto[he seal of the Corporation. When so ��d `��p exew�ed,such insW ments shall be as binding as if signed 6y�he Presideni and attes�ed to 6y Ihe Secretary.Any power ar authority granted to any representative or attorney-in-fact under >a � T ihe provisions of this adicle may be revoked at any time by the Board,the Chairman,the President or by the offcer or officers granting such power or aulhority. L� Y� � c ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and UndeRakings.Any oKcer of the Company authorized for tha�purpose in writing by the chairman or Ihe president, £ > d and su6ject to such limitations as ihe chairman or ihe president may prescribe,shall appoint such anomeys-in-fact,as may be necessary to act in behalf of the Company to make,ezecute, �� O j seal,acknowledge and deliver as surety any and all untlertakings,bontls,recognizances antl other surety obliga�ions. Such attomeys-in-fact subject to the limitations set forth in iheir �a? Z � respective powers of attorney,shall have full power to bind Ihe Company 6y their signaWre and exeation of any such instmments and to attach[hereto the seal of the Company. When so V o exeated such instmments shall be as binding as if signed by the president and attested by the secretary. �t0 Certificate of Designation—The Pres:dent of the Company,acting pursuant to�he Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~� fact as may be necessary to act on behalf of fhe Company to make,exeate,seal,acknowledge and deliver as surety any and all undeRakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consenl of the Company's Board of Directors,the Company consents Ihat facsimile or mechanically reproduced signa;ure af any assistant secretary of the Company,wherever appearing upon a cedified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon Ihe Company with ihe same foice and effect as ihough manually affxed. I,Gregory W.Davenpod,ihe undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualry Insurance Company,Liberty Mutual Insuiance Company,and West American Insurance Company do hereby cetlify that the original power of attorney of which the foregoing is a full,irue and correct copy of the Power of Attomey exeated 6y said Companies,is in full force and eftect and has not been re�wked. �1��l� IN TESTIMONY WHEREOF.I have hereunto set my nand and affxed the seals of said Companies this,_�{� day of �P�['Ll.iGl/l.i.� ,20�. ey ��^G�f^'r.Pa� . . Gregory W.Davenport,Assistan�Secrelary ._:.. �. . . . -._� ��.�:_ -' �'_'i� ��- __. LMS_12813_1220t3 5 of300 � A�� CERTIFICATE OF LIABILITY INSURANCE �ATE�MMIDD/YYYY) 02/2512015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER7IFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 7HIS CERTIFICATE OF INSURANCE �OES 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, [he policy�ies) must be entlorsetl. If SUBROGATION IS WAIVED,subject to the[erms antl contlitions of the policy,certain policies may require an endorsement. A statement on[his certificate does not confer rights to the certificate holder in lieu of such endorsement(s). FRODUCER CONTACT MOBh USA IOC. NqME: _ _ PHONE FAX 100NotlhTryanStreet,Suite3600 lac.Nqextl: — -- �acyo�:._ _ _ Chad0lte,NC 2ffiO2 E-MAIL Attrt.CA NON-RESIDENT NO.OB22889 nooeess: _ _ INSUHER�S)AFFORDINGCOVERAGE _ NIICR J56965-1.MMM-GAXWX-14-15 irusursea n:ACE Amencan Insurance Company 22667 ir�suaeo �ir�suaea a;Intlemniry Ins Co Of North America 43575 Martin Marietta Materials.Inc. ----- AUrt TOtld CNmp INSURER C: NIA _ N/A 2710 WyCllfl R02d INSURER�: P.0.6ax30013 '- � �- -- Rdl2l9h,N� 27622 INSORER E: _ _ _ _ _ INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-00325508g04 REVISION NUMBER: THIS IS TO CERTIPY THAT THE POLIGES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONNTHSTANDING ANV REQUIREMENT, TERM OR CON�ITION OF ANV CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED Oft MAY PERTAIN, THE INSURANCE AFFORDE� BV THE POLICIES DESCRIBE� HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITtON5 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. MSR - ADD�SUBR I POLICY EFF POLICY E%P I LIMITS LTR T�"PEOi1NSURANCE POIICYNUMBER . MMIODM'VV MMI�OIVYVY A GENERALLIABILITV I HDOGP733BB7P �Q/3�/2�1A OA/JO/POl$ EACHOCCURRENCE $ 3,�� X I DAMAGE TO REME� - 50,000 ICOMMERCIALGENERALLIFBILITY PREMISESEaoccurtence E � I CLAIMS-MAOE CI OCCUR— 'i MEDE%P(Anymepersan) E PERSONAL 8 A�V INJURV S 3,��,OQ� GENERALAGGREGATE a 6,000,000 GEN'LAGGREGATELIMITAPPLIESPER'. �� PRO�UCTS-COMPIOPAGG 8 6,000,000 X II POLICY PRO- LOC � ..b A AUTOMOBILELIFBILITY I$AHOBBPBBI5 O9/3O/PO14 OB/JO/PO15 COMBWEDSINGLELIMIT 3000��0 Ea accitlemJ__ b �I X��ANY AUTO BODILV INJURV(Perperson) b _ ALLOWNEO I SCHEDL'LE� � BODILYINJl1RV�Peracci0ent) 9 nulos auros I,� X� X� NON-oNMEo PROPERTv oAMAGE �g � � FiiRE�AUiOS I�AUIDS (Pareqitl_ant) __ 5 UMBRELLALIAB IOCCUR EACHOCCURRENCE $ — EXCESSLIAB 1CLAIM5-MA�E AGGREGATE 5 DE� ' RETENTION5 � g g WORKERSCOMPENSATION WLRC48137970�AOS) W/30i2014 09/30/2015 X VJCSTATII- OTH- RNO EMPLOYERS'UABILITY — TORY LIMIIS. E�. A ANv PROPRiE10R/anftTrvER�EXEC�TIVE� N q W�RC48737982 (CA) 09/30/2014 09/30/2015 E.L EACH ACCIDENT g 2.000,000 OGFlCER/MEMBEREXCLUOE�9 -— (MantlatoryinNM) E.L�6EASE-EAEMPLOVEE 5 2.000.000 uyes aescribevnaer I 2,000,000 . OESCRIPiION OF OPERATIONS below I E.L C6EASE-POUCY LIMIT $ �ESCRIPTON OF OPERATION51 LOCATIONS I VEHICLES (AttacM1 ACORO 101,Atltlitional Remarks SCM1etlule,if more space is requiretl) Re'.Hol antl Warm Mlx A50hal�I Asphalt Supply 2015 Cetlifica�e Halder is'are addi�ional insured under General Liability and Au�omobile Liabilily as Iheir in�eresl may appear,if reQuiretl by wri�ten conlrac�wi�h Ihe named insure],subject to Ihe�erms and condilions of ihe policles. Awaiver ot submga�lon applles under General�'ahllity,Automoblle LIabI6Iy,an�Workers Compensation ln favor of Ihe certifica�e holder.If raqulred by writlen contracl with�he nametl insured.sublect �o Ihe terms and contli�ions of�he Dolicies_ General Liabillry and Aum Liabillly insurance is primary antl non-conlnbutory over any existing insurance and limi�ed to liability aiising oW of ihe operatians of�he named insured and where reqmred b1 writlen and exeated conlract. CERTIFICATE HOLDER CANCELLATION Weld County Public Warks SHOULD ANV OF THE ABOVE DESCRIBED POIICIE5 BE CANCELLED BEFORE 1111 H Slree� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box758 ACCORDANCE WITH THE POLICV PROVISIONS. ,realey,CO 80632 PUTHORIZEO REPRESFNTATIVE of Marsh USA Inc. . Marilyn F Bums n"]�^�`��l` �- ��--"— �O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD � -�°�� 1�`s� MEMORANDUM ��L�� _ U I'O : Clerk to the Board DATL : February 10, 2015 � -� �c � tirY � z_ FROM : Neal Bowers, Public Works Department SUBJEC"f: Agenda Item Bid # : B 1400054 Doc #: 2014-0� 70 RE : Hot & Warm Mix Asphalt / Asphalt Supply (North County only) Contract Agreement Extcnsion/Renewal with Martin Marietta Materials — extension from April 1 , zois , to Mar�n si , zoi6 . RECEIVED �.n�iosures rFf 1 ? l.. ,;) WELD COUNTY COMMISSIONER� 41 \Fmncie\AGENIJ4 memos�Agenda-4eal doc L'�.�--Q9�,a, ,�� - os7o ,2- l � ,20�5 �C� 1�n1 C� ��> .E� d�70 0.2 -/� � � � BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Weld County 2015 Hot and Warm Mix Asphalt Supply (North County only) DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2/5/15 PERSON REQUESTING: Neal Bowers. Weld County Public Works Brief description of the problem/issue: The original agreement for the Hot and Warm Mix Asphalt Supply 2014 (North County only) can be extended from April 2, 2015, to April 1, 2016, as permitted by the contract. This extension would be the second year of a possible three year contract. The contract also allows for a yearly rate adjustment based upon the current ENR price index for asphalt, which was a 2.4% increase from December 2013 to December 2014. Martin Marietta Materials (asphalt supply north) did request an increase of 2.3% in the price of asphalt per ton. Bid submitted doesn't exceed the 2015 maintenance overlay budget of $3,100,000. and BOCC approved HRP and LVR overlay projects. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval of renewal for Martin Marietta Materials contract for Hot and Warm Mix Asphalt Supply (north county only). Barbara Kirkmeyer, Chair Mike Freeman, Pro -Tern Sean P. Conway Julie Cozad Steve Moreno Approve Recommendation Work Session Schedule Comments � CONTRACTA6REEMENT EXTENSION/RENEWAL BETN/EEN • THE WELD COUNTY DEPARTMENTOF PUBLIC WORKS AND MARTIN MARIETTA MATERIALS This Agreement Extension/Renewal ("Renewal"�, made and entered into 2 day of February 2� by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Martin Marietta Materials, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on March 31, 2014 (the "Original Agreement"), identified as document Doc # 2014 0570. 81400054 Hot and Warm Mix Asphalt / Asphalt Supply 2014 (North County only) WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of ihe 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 March 31. 2015. • The parties agree to extend the Original Agreement for an additional 365 days period, which will begin Aoril 1 2015 and will end on March 31, 2016. This extension is the second year of a possible three year contract. • 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 2014 Bid Schedule of the original contrad shall be replaced by the attached 2015 Bid Schedule. 2. Change to the original contract price with a �imit of $4,818,738.20 for ihis contract. • AlI other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Martin Marietta APPROVEDASTOS �TANCE: / �David L . Lemesan� c� �`6� - 2t C Prin a Elec cfd Of�i ' I or Department Head � � /h. a1J Signature �,,/ � , ATTEST: �iQ�+N/ � � Ib61 F�L7� � -� Weld Co CI k to the Board � � OVE AS TO FUN �1G: BY: '�� .Q ! � � Controller � BOARD OF COUNTY COMMISSIONERS WELD COUNN, COLORADO APPROVED AS O FORM: .-� ��L '( 0 0 �''-C V) GO _ Mike Freeman , Pro-Tem FEg 1 8 2015 County Attorney Dir eneral Servi e , Lk��7— �� C BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2014 (North County onlvl Martin Marietta Materials Preparation of the Bid: 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, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM # ITEM QUANTITY UNIT BID CONTRACT PRICE! PLANT PRICE ( LOCATION PER UNIT 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) NORTH 0 TON $46.00 $0.00 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 62900 TON $44.00 $2,767,600.00 Greeley 35th Ave 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 26445 TON $44.00 $1,163,580.00 Greeley 35th Ave 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) NORTH 12754 TON $58.30 $743,558.20 Greeley 35thAve 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) NORTH 0 TON $45.00 $0.00 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40,000 GALLON $3.60 $144,000.00 Greeley 35th Ave BID SUMMARY Hot And Warm Mix Asphalt / Asphalt Supply 2014 (North County only' Martin Marietta Materials Each contractor is required to submit a bid based on the listed 2014 quantities. The bidder awarded the North Hot and Warm Asphalt / Asphalt Supply 2014 Bid will also receive the Emulsified Asphalt Bid. I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. TOTAL BID SUMMARY $ 4,818,738.20 FIRM Martin Marietta BUSINESS ADDRESS 1800 N. Taft Hill Rd. CITY, STATE ZIP CODE Fort Collins, Co. 80521 TELEPHONE NO. 970 407-3600 TAXPAYER 94-. 56- 848578 FAX NO. 970 407-3902 BY: David L. any TITLE: Regional Vice President - Asphalt & Paving Division DATE: 02/03/15 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF EXEMPTION NO. 98-03551; NOTE: The following are items of work to be completed by Weld County: RESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 FOR 2014 HOT AND WARM MIX ASPHALT/ ASPHALT SUPPLY (BID #1400054) FOR COUNTY ROAD 49 FROM COUNTY ROAD 18 TO COUNTY ROAD 20 AND AUTHORIZE CHAIR TO SIGN - MARTIN MARIETTA MATERIALS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract Amendment #1 for 2014 Hot and Warm Mix Asphalt/ Asphalt Supply (Bid #1400054) for County Road 49 from County Road 18 to County Road 20 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Martin Marietta Materials, commencing upon execution of signature, and ending December 31, 2014, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract Amendment #1 for 2014 Hot and Warm Mix Asphalt/ Asphalt Supply (Bid #1400054) for County Road 49 from County Road 18 to County Road 20 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Martin Marietta Materials, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Douglas/Rad mac r, Chair ATTEST:deact)Cs ,/ 4 Weld County Clerk to the Board BY. APP e ty Clerk to the Boa County Attorney Date of signature: /0/(0 Wilfl _ Garcia XCUSED bara Kirkmeyer, Pro-Tem USED P. Conway Mike Freem CC 7v1,-"Pu, 2014-0570 EG0070 MEMORANDUM TO: Clerk to the Board DATE: September 22, 2014 FROM: Neal Bowers, Public Works Department SUBJECT: Agenda Item Bid #: B1400054 Doc #: 2014-0570 Contract Amendment No. 1 with Martin Marietta Materials — increase asphalt supply budget for paving WCR 49 from WCR 18 to WCR 20. The increase to the contract amount is $50,000. Enclosures cc: Jay McDonald Elizabeth Relford Josh Holbrook M \Franck AGENDA memos'Agenda-Neal. doc 05 ic EC 00-1O Contract Amendment No.! Date: September 22nd, 2014 Project: 2014 Hot and Warm Mix Asphalt/Asphalt Supply Owner: Weld County, Colorado Contractor: Martin Marietta Materials The following change is hereby made to the Contract Documents: • Increase Asphalt Supply budget for paving WCR 49 from WCR 18 to WCR 20: Change to contract amount -- $50,000.00 CHANGE TO CONTRACT PRICE: Original Contract Price: $4,510,337.50 The Contract Price due to this contract amendment will be increased by: $50,000.00 The new Contract Price, including this Change Order, will be: $4,560.337.50 CHANGE TO CONTRACT TIME: The Contract Time will be increased by _ 0 calendar days. The date for completion of all Work will be: December 31, 2014 RECOMMENDED: Supervisor: Director: J Neal Bowers, Pavement Management Supervisor Jay McDonald, Director of Public Works Date: qi 1 Date: /,'j�/►IJ Date: DJ,4r//1' Date: SEP 2 4 2014 Zia►4-0570 From: Sent: To: Cc: Subject: Josh Holbrook Monday, September 22, 2014 2:10 PM Francie Collins Neal Bowers FW: URGENT- Anadarko at CR 49 and CR 18 Joshua Holbrook Construction Inspection Supervisor Weld County Public Works 1111 H Street, Greeley Colorado 80632 (970) 304-6496 Ext. 3734 Cell: 970-301-2622 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Mike Freeman Sent: Monday, September 22, 2014 12:23 PM To: Douglas Rademacher Cc: Jay McDonald; Commissioners; Don Warden; Elizabeth Relford; Josh Holbrook Subject: Re: URGENT- Anadarko at CR 49 and CR 18 Agree. Sent from my iPhone > On Sep 22, 2014, at 11:12 AM, "Douglas Rademacher" <DRademacher(aco.weld.co.us> wrote: > Agree with your recommendations > Douglas Rademacher > Weld County Commissioner > 1150 0 Street, PO BOX 758 > 970-336-7204 > Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Sent: To: Cc: Subject: Josh Holbrook Monday, September 22, 2014 2:11 PM Francie Collins Neal Bowers FW: URGENT- Anadarko at CR 49 and CR 18 Joshua Holbrook Construction Inspection Supervisor Weld County Public Works 1111 H Street, Greeley Colorado 80632 (970) 304-6496 Ext. 3734 Cell: 970-301-2622 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Barbara Kirkmeyer Sent: Monday, September 22, 2014 11:05 AM To: Elizabeth Relford Cc: Jay McDonald; Commissioners; Don Warden; Josh Holbrook Subject: Re: URGENT- Anadarko at CR 49 and CR 18 Agree with recommendation. Have a great day > On Sep 22, 2014, at 12:53 PM, "Elizabeth Relford" <erelford@co.weld.co.us> wrote: > Yes, all the maintenance is on our portion of CR 49. More specifically, near CR 18.5. All north of CR 18 (Hudson's section). > Elizabeth Relford > Transportation Planner > Weld County Public Works > 1111 H Street > PO Box 758 > Greeley, CO 80632-0758 > Email: erelford@co.weld.co.us > Office: (970) 304-6496 Ext. 3748 > Mobile: (970) 673-5836 > Web: http://www.co.weld.co.us 1 -F From: Sent: To: Cc: Subject: Josh Holbrook Monday, September 22, 2014 2:11 PM Francie Collins Neal Bowers FW: URGENT- Anadarko at CR 49 and CR 18 Joshua Holbrook Construction Inspection Supervisor Weld County Public Works 1111 H Street, Greeley Colorado 80632 (970) 304-6496 Ext. 3734 Cell: 970-301-2622 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Sean Conway Sent: Monday, September 22, 2014 10:23 AM To: Jay McDonald Cc: Commissioners; Don Warden; Elizabeth Relford; Josh Holbrook Subject: Re: URGENT- Anadarko at CR 49 and CR 18 Ok with Jays recommendation. Sean Sent from my iPhone > On Sep 22, 2014, at 10:03 AM, "Jay McDonald" <imcdonald(0co.weld.co.us> wrote: > Commissioners, > Neal just told me that Anadarko will not be able to build their turn lanes this year. That 1 mile from 18 to 20 is in very bad shape and will likely not make it through the winter. Therefore, they have proposed to have Martin Marietta mill 2 inches and pave back 2 inches. They would pay for Martin Marietta to mill and pave if we would pay for the asphalt. Neal estimates the cost should not exceed $50,000 for material. That piece of road was on our regular maintenance paving schedule last year, but we did not do it because Anadarko was supposed to have included that in their scope of work in 2013. We did not plan or budget for it this year because again Anadarko was supposed to have done it. Neal believes if the overlay is not done, he will have to try to patch it through the winter because he does not believe it will survive until spring. Any work that is done now will obviously be throw away when Anadarko eventually does their improvements to the road and intersection. I checked with Rich Hastings and the agreement does not stipulate a timeframe in which their work must be done other than it has to be done before their facility begins operation. Don Warden is aware of this issue and said he can supplement that budget to cover the purchase. I obviously will 1 need to know what the board would like to do. I suggest that since this is essentially a maintenance overlay that we had intended to do last year, we agree to this but stipulate that when the asphalt is milled up for the construction project, we get the mailings and they deliver them to our site. Perhaps Kersey? I do not like the fact that they have waited till this late in the game to let us know about this and then make it a matter of urgency. I have spoken to Commissioner Garcia about it and he indicated agreement that we should go ahead and purchase the asphalt > We need to give Anadarko and answer ASAP. They want to pave this week. > Thank you > L Jay McDonald > Public Works Director > Public Works Department > Weld County, CO > (970) 304 -6496 > Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 MEMORANDUM TO: Clerk to the Board DATE: March 24, 2014 FROM: Neal Bowers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Bid No. B1400054 Agreement -- Purchase of Materials Hot and Warm Mix Asphalt/Asphalt Supply 2014 (North County) with Martin Marietta Materials, Inc. Attached are two original, signed agreements. Please return one original to Public Works. O rancie�\A�GEN�DA mmemmos\AgenaaNealeowers.aocx �! VE- !/dr,5ut) ao,k- O5 -7O EG to -7O AGREEMENT FOR PURCHASE OF MATERIALS BETWEEN WELD COUNTY AND MARTIN MARIETTA MATERIALS Inc. HOT And WARM MIX ASPHALT / ASPHALT SUPPLY 2014 THIS AGREEMENT is made and entered into this/ day ofillard/ , 2014, 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., [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is 1800 North Taft Hill Road Fort Collins Co 80521, hereinafter referred to as "Contractor". 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. Exhibit A consists of County's Request for Bid (RFB)as set forth in "Bid Package No. B1400054". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, County requires road construction materials in order to build and repair County roads for which it is responsible, and WHEREAS, Contractor is able to provide the materials required by County, at the prices and locations described in Exhibits A and B. copies of which is attached hereto and made a part hereof by this reference. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: 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. Contractor acknowledges that Exhibit A may contain highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. and Contractor's willingness and ability to meet those requirements 2. Materials Provided by Contractor & Delivery. Contractor agrees to provide the road construction materials described in and for the prices set forth in Exhibits A and as set 1 forth by Contractor in Exhibit B throughout the Term of this Agreement. Contractor warrants that the materials supplied are fit and sufficient for the purpose of road construction and conform to County's minimum specifications per each order placed. The parties shall agree as to the method and timing of each delivery of the road construction materials following each order placed by County. Each order for materials shall be in writing and shall be confirmed in writing by Contractor. Contractor acknowledges that County's award of the bid is predicated upon Contractor's agreement to provide the materials within the time(s) set forth in Exhibits A and B. A failure to provide the materials within that time may result in County's refusal to pay the Contract Amount/Compensation 3. Term. The term of this Agreement shall begin upon the date of the execution of this Agreement by County, and continue through and until the date specified in Exhibit A. No changes in compensation for extension terms shall be made, unless specifically agreed to in writing by the parties. 4. Contract Amount/Compensation. County agrees to pay Contractor for road construction materials ordered by County pursuant to the pricing schedule set forth in Exhibits A and B, within thirty (30) days of Contractor's submittal of an invoice to County. Contractor acknowledges no additional payment shall 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 materials provided 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 materials provided, beyond those specifically authorized by County, are provided 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. 5. Additional Materials/Work. In the event the County shall require changes in the scope of the work to be performed or the type or quantity of the materials to be provided, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. 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 2 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), and (b) provide proof thereof when requested to do so by County. 7. Ownership. All materials delivered to County and 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. 8. Termination Provisions. A. 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 and related services under this Agreement beyond the time when such materials and related services become unsatisfactory to the Manager. B. 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 Manager approves in writing which he determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all materials provided pursuant to this Agreement upon termination, C. 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 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." D. 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 3 incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that materials provided under this Agreement will be consistent with the quality of materials required under Exhibit A and promised under Exhibit B. Contractor shall faithfully provide/deliver the required materials in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent materials providers which provide/deliver materials of a similar nature to those required and promised herein. 10. Acceptance of Materials/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 materials and reports furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and quantity of the materials provided. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of covenant 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; and 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, any materials provided 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. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the quality and quantity of all materials and services provided, the timely delivery of said materials and incidental services, and the coordination of Contractor's performance with County, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. 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 Contractor in its provisions of the materials required herein; or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. 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 4 Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, 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. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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. 17. 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. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractor or persons to provide materials of the same or similar nature. 19. 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. 20. 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. 21. Employee Financial Interest/Conflict of Interest — C.R.S. 4$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 5 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 conflict 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. Public Contracts for Services. C.R.S. §S-17.5-101. Contractor certifies that Contractor is not an illegal immigrant. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and 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 Department 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 6 work under this Agreement or enter into a contract with a sub -contractor that fails to certify with Contractor that the sub -contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed, (b) shall notify the sub -contractor and Weld County within three (3) days that Contractor has actual knowledge that a sub -contractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a sub -contractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) 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 Department program, 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 Department 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 damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to provide only those materials which meet or exceed the requirements. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 30. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 13th day of March , 2014. CONTRACWR: Martin,4 rietta Materials, Inc. By: Name: Title: Patrick H. Walker President, Rocky Mountain Division Date March 13, 2014 7 WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk BY: Deputy Cle'c to the Board Dougl MAR 3 1 2014 8 6,20/1 -DS 76 NOTICE OF AWARD Hot And Warm Mix Asphalt / Asphalt Supply 2014 (North County) To: Martin Marietta Materials Inc. 1800 N. Taft Hill Rd. Fort Collins, CO 80521 Project Description: (North County) Hot And Warm Mix Asphalt / Asphalt Supply 2014 / "North County" and All Grading "SX" 64-28 The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2014, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 4,510,337.50 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 12 day of March , 2014 Weld County, Colorado, Owner By Neal Bo ers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Martin Marietta Materials, Inc. Dated this (Contractor) 1'3,t�h a 7day of, March 2014 By: Title: President, Rocky Mountain Division Patrick H. Walker BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2014 Preparation of the Bid: 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, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM ITEM QUANTITY UNIT BID CONTRACT PRICE PLANT # PRICE LOCATION PER UNIT 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) NORTH 0 SOUTH 0 TON $45.00 $39 75 Greeley Pecos St Denver 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 68650 SOUTH 0 TON $43.00 $37.50 $ 2,951,950.00 Greeley Pecos St Denver 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 18725 SOUTH 0 TON $43.00 $36.75 $ 805,175.00 Greeley Pecos St Denver 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) NORTH 0 SOUTH 14950 TON $57.00 $40.75 $ 609,212.50 Greeley Pecos St Denver 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) NORTH 0 SOUTH 0 TON $44.00 $37.75 Greeley Pecos St Denver 401.00 EMULSIFIED ASPHALT (CSS-1 H) (TACK COAT) NORTH ONLY 40,000 GALLON $3.60 $ 144,000.00 Greeley WELD COUNTY CONTRACT = ID DOCUMENTS AND SPECIFICATIONS FOR THE * T AND W%'>,RM MIX ASPHALT I ASPHALT SUPPLY 2014 mss: . (with options for 2015/2016) February 2014 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 4.4.44.44,44 BID NO # B1400054 Page 1 ACKNOWLEDGEMENT OF BID DOCUMENTS 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 did. IA Bid Schedule/Summary (pages 14-15) IX Receipt of addenda(s), if any, should be signed. (page 16) O Bid Bond (Page 17-18) W-9 (page 19) Co Anti -Collusion Affidavit. (page 20) a Statement of Qualification (must be signed and notarized) (pages 21-24) I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. Martin Marietta Materials. Inc. (Contractor) Dated this 25th l y of February 20 14 By: . •%' Title: General Manager rieth R. B BID NO#B1400054 B1400054 Page 11 BID SUMMARY Hot And Warm Mix Asphalt / Asphalt Supply 2014 Each contractor is required to submit a bid based on the listed 2014 quantities. The bidder awarded the North Hot and Warm Asphalt / Asphalt Supply 2014 Bid will also receive the Emulsified Asphalt Bid. I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. TOTAL BID SUMMARY $ (p, 277 6 37. 5D FIRM Martin Marietta Materials, Inc. BUSINESS ADDRESS 1800 N. Taft Hill Rd. CITY, STATE, ZIP CODE Fort Collins, Co. 80521 TELEPHONE NO. 970 407-3600 FAX NO. 970 407-3902 TAXPAYER I.D. # : 455-1848578 BY: /04c;" K eth R. TITLE: General Manager DATE: February 25, 2014 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF EXEMPTION NO. 98-03551; NOTE: The following are items of work to be completed by Weld County: BID NO # B1400054 Page 15 BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2014 Preparation of the Bid: 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, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM ITEM QUANTITY UNIT BID CONTRACT PRICE PLANT # PRICE LOCATION PER UNIT 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) NORTH 1000 SOUTH 1000 TON IL/5.00 ;39.7,- Py5 000. oo $39 756,Ob vs'Y35'Ave, Greeley,, ea 6395 Pecos Den ; Co 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 78000 SOUTH 15000 TON 1V3,OO *37.50 $3,3S`1a00.eo $ 50, Soo -op ?OS e31t'4ve Greeley,Cb 6395 PepCa$ Der, u h'; LD 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 20725 SOUTH 14000 TON '-M3.00 ,$31,.7.5 .$ 67/117 5. Do $ 5/`; 50D .00 9'S Y3S'Are, Greeleyieo 6375 +�eeo5 Liver tb gas N3Stk1tc Greeley, ICt7 6595 Peco5 Venvti' e0 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) NORTH 2200 SOUTH 12750 TON 157 O0 .$Lk .75 $4®25, goo. 00 4 51% 56 1 . co 403.00 WARM MIX ASPHALT (GRADING —S) (ASPHALT)(75) (PG 64-22) (30% RAP) NORTH 1000 SOUTH 1000 TON ci�1 $37. 75 f 000 00 437, 750. oo 902535¢hA�-e Greeley, ctl 6395teka5 Denver Co 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40,000 GALLON �3. �00 iy Doo. ao y ya5 %J35th 6 "ilex a BID NO # B1400054 Page 14 RECEIPT OF ADDENDA (See Attached Sheet) Hot and Warm Mix Asphalt / Asphalt Supply 2014 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 25th day of February 20 14 FIRM NAME: Martin Marietta Materials, Inc. BY: Kenneth R. Ball TITLE: General Manager BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: No th Carolina ADDRESS: 1800 N. Taft Hill Rd. Fort Collins, Co. 80521 TELEPHONE NO: 970 407-3600 FAX NO: 970 407-3902 BID NO # B1400O54 Page 16 SAMPLE BID BOND Hot and Warm Mix Asphalt / Asphalt Supply 2014 of North Carolina KNOW ALL MEN BY THESE PRESENTS, that Martin Marietta Materials, Inc., incorporated in the State as Principal, and Liberty Mutual Insurance Company, incorporated in the State of Massachusetts 2 as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of the Bid Amount Dollars ($ 5% of the Bid Amount ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 4, 2014, for the Hot and Warm Mix Asphalt / Asphalt Supply 2014 as set out in the accompanying Bid. Bid No. B1400054. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of February '11 , 2014, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Todd Crump, Insurance Marer Address 271 (1 Wycliff Road ATTEST: By:. �:�t f �}_ {�- �� : > i Kristy W. Kretzschmar °' ! ATTEST: By: --1! KristY W. Kretzsclimar Raleigh, NC 27607 By: Rebeca GoPo a Attorney -In -Pact Surety Liberty Mutual Insurance Company Address 175 Berkeley Street Boston, MA 02116 BID NO # B1400054 1) Marlin Marietta Materials, Inc. has its corporate headquarters at 2710 Wyclitf Road, Raleigh, NC 27607 2) Liberty Mutual Insurance Company has its corporate headquarters at 175 Berkeley Street, Boston. MA02116 Page 17 INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B1400054 Page 18 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6049732 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech; Kristy W. Kretzschmar; Rebeca L. Gomez Pores; Todd Crump all of the city of Raleigh state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of March 2013 w in 0 a. co d � S. trct 'aai o O� > m CL (t o O ad. o o ;, o o.� caca v t 0._ Ear .1+ YO . 'o Tse Zeat ss By: STATE OF WASHINGTON COUNTY OF KING On this 25th day of March 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary By: f✓LJYiL KD Riley , Notd4 Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS— Section 12. Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman orthe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a kill, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF/I have hereunto set my hand and affixed the seals of said Companies this ( ( day of Teb,,Lemd By: 47/4 David M. Carey Assistant Secretary u a C C w C O e`°ien N W CE O a Q O43 y C 3 � 0. co N o S G 0) O a w N '2. Toeg d w E N 'E oc o— H— LMS 12e73_092012 283 of 300 r:rat WFS o.t.,..,fdn.f ..r CS,,,r7.• Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. ''nurne lat r,'*n,}'yaw n,:_•,teSan rv1,• EuUr, r a:rn:. A ernt.A t- r.:crw Ova. crp:ap r:c.:r: G•s Az:riar, zrer.^c JJ Celli t -.__...-.,....... D t? env ter-, t tLY tGY t,tne rIngg Andras: unc.r•, :Ir:rd. J1d ODt• er stgi ^c.t ory, !int:, arr3 z r:•x Fcu,.ue a mate and zaara::.cpt!:ns Weld Co J'-1ttyy Accounting Dept. P. 0. Box 788 Greeley. CO 8%32 Litt :4::.t true.'.,: hero :. bra; I:I; Ta payer Identification Humber (IN) Enter ,',w'TIN h the appropriate tc>. The Tit proadpI next match the noire green an line I b ovoid bade*. •nithhaldina Fa ini"r.idjal:. thin in ycar ::,cal ne unity number i3 P4. Hpwor.er, icr a rrridevi oien, uah proprietor, or d'rreoard-d emit,, sec• the Part 1 inetruciicr» on pare 3 For other entkier. trio your errph,,er dertWeation number Eft, II ycu do not hr.e a nurtber, nee Now ra rt a '7410h pope I. Note. if the e: :owe in In arena ten Otte ',rat, r the chit an page 4 ter pittance on wtlaue number to .utter. igari Certifioa tlott tinder penal ilea of perjury. I certify shut: 1. The number eha.,n on thin form b my ::inert mnrn, rc identificatic.l number or I den waiting for number 10 to r::,as! lo err_; , end 2. I ant brat c bj«;t to La; hop Aihhatdng :,ur.:. a I am o, ernpt iron backup ., tthht Idieg, or lb, I Farr not teen notified by the internal Revenue = rr•i :• tll:; : that I em :ultject to br kup vsthhcldrg nc a reoult of o 'allure to report ae interest or di.riendo, or:c1 the IF:` to: notified ma Thal I am no longer oubject to backup.s dhhaldrtg, and 3. I am a US. wort fi c:•Ar4ing a U.S. ieoiient alien]. Certification inatruction& You mat era:: oat .torn 2 above if you haw been nctified by the IF:: that yc i era cum: ndy aubjeJ b backup withholding tic-aem:: 'um have bled to report all intweat and dtside,do on cur tar; mean. For f-34Mate transaction:. item 2 de-: not apply. For =main. latest paid, onquititian Of tandenment of at: urea prop a tr. aanceliatisn of debt, cc.•diibutiano to en i riiridaal nafirenr_nt sera r;errrnril t.Inat. nod general• . paymrnto other than into, u nod dieidendo. ,eau ore net r tiem d to oi3n the Certifi: afire, but .vu ;matNodal: yct::arrect T1P r c tie malruclicn: on far: 43 sccialuncudlg number I I�-I.4I I I or erronor blritirk aeon number IIIIiIII Sifin flue sir:a ra a! t1,L. j,Nlr<n Putpo%•t: ,:f Fortn it pen -:n ..119 ie regurie.d to fee an ird.:rr-Frahm Town et dh the If1d, oriel obllin !,'u!,t.ur tanr..nyer ideneift:: iiion rwn�t:-•t tTllrtl to rep.,rt, for :,.ornF1e, income paid t:, ,:u, tees (fatale 1rn1E:;lobore. rnxtange mtereat •tl i:aii:l, r9;(futeriEn or abwldonnientl of e;cun•d pr•:f- rly. care eliarrn of debt. or colmibtrnont you in*. -l'• to an IRA. U.S. person. ti - For in -9 tnly if you are a U.S. Qpws•:n Hn:hrdnq a rwnidtnt diem, tc• pro.►de roar x,rv.A TIN ic• the person requr.-gimp it fti•r,` reArr+etM1 ant..'.hen appti;able. to,: 1. (-Miry Mal tt.& TIN ', :u -Pe 7i. u. i le cr:ei eat Int artu ale. uaihna iota numb-?: 2. Certify VIA ytlu alt r.•,t =tiblt-:r tt.. Iran l.ui, withhnl:inq, ,d 9. Clenn.renli1lon h•:m backup +.ittholdir,a if you are a U.S,. a eat 3 1:.w -. In 3 abcoo. lf egg,iF.abh•, a are, rJr : ,;:ertlftnqq that at•. a U.:.. pascn, your allot; untie el1:x: of an nutlet &tip imnme from a U.S. tent-• or buen:r-s is no seii:gp.t to the. uithholdini Ian on f,:rei;n 1-.:irin-r -' share •:,f eifectv,ei.' connected too:,nor. hi•:•t.. If a I,+. Lu-r,lar ;t+" ;:+t a form other than Form re:Ip-hl rem TIN. you tnu.i use the tequ - er'e foam if it it s i.-c,tarmrd f atmtIei tc this Farm For f.eden al tar Furp:•, •:., ,•:u are ,:rl-mdated a ;serail if you ace: Pats le a i'n Individual r.ho ie a citt.n to rrwI:,t t of the liretr:l rent-�. • • A r•nitrx r.:t)i . •::tportition, company. of a -b:•:lation ort;,u.,lor onjanbr:l in the Lhrle✓i Stater, or uwlet the 'trove of the Urml .:1 Gtnlr -b. Or s Ant1 eetate i:ther than a foreign eel Mel •71 fru61. = i Rect./owns 7fai fit a:tdfional infonnation. Special rules fol partner: hips Partnerships that aondtist a if rrl bu7lrsee, in the Lilted '3Tates. are generallreitiroi to pa.: a 4.ithh.lring bas on any f,:eetan i:arineis ehere of iln»rne horn such biiaineee. Further. m certain oor-.s +: hair: a Form •', 4 kW:. :, not Iva -;n r. -vein•: -:I. a partnership re re..,•tur..:I to ['deems that a Falb; -r i; a fobeian hereon, and pay the uithbol:Iir,:r ten:. The eto+, if you are a U.S perr,:.n that it a partner in a partnership oor :lu,tnq 61)05? or btiimes s In the Ura1r-a :a art -a, mode Force W-9 to tie µerirr:rehip lo e=rableh y:ur U.u. statue and avoid withtirddin:t on your shale cf partnerehip ino:,rne. Form :4-F to the pertneiehip for putrrc;r,.,,e of eetatdiehir.a ire U.& statue and avoiding enthholdin3 on ne elk-zatile thine of net ln.r:,rne fi even the pattnarehip ccm:lu tng a trade car brr;h,-a6 in the Ureled .taUr: i; in the tAlo inq ‘:*eat: a The. U.S. ner of a dereoartiad entity and not the entity, LOT. ••:,. 1.,1'i, Fora W ' IPA. 11•3P:5t BID NO # B1400054 Page 19 Form `f' �oGt (Rev. December2011) Department of the Treasury 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 on your income tax return) Martin Marietta Materials Inc. Bus`ness name/disregarded entity name, if different from above Check appropriate box for federal tax classKcrtlen: Trust/estate P) I' Ill IndNlduaVsole proprietor D C Corporation , S Corporation U Partnership ❑ ❑ Limited liability company. Enter the tax classification C=C corporation, S=S corporation. P= artnershi P Y• { rP P P Exempt payee ll Other (see lnstructions)> Address (number, ebeat, and apt. or suite no) 10170 Church Ranch Way, Ste #201 Requester's name and address (optional) Weld County Accounting Dept. P.O. Box 758 Greeley, Co. 80632 City, state. and ZIP code Westminster, CO 80021 Ust account number(s) here (optional) ti Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on the "Name" line 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 other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a T1N on page 3. Note, If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. ISocial security number Employer Identification number 5 6 8 4 8 5 7 8 MEd Certification Under penalties of perjury. I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting 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). 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. Seethe instructions on page 4. Sign Here Signature of U.S. parson I► General lnstruct3ons Section references are to the Internal Revenue Codo unless 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 property, cancellation of debt, or contributions you made to an IRA Use Form W-9 only if 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: 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. Date I (,X111 Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax 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. parson 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. Cat. No. 10231X Form W-9 (Rev. 12-2311) ANTI -COLLUSION AFFIDAVIT PROJECT NO. B14000054 LOCATION Weld County Public Workd Greeley, Co. 80632 I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1 The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a. bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7 I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRH AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractoes f rm or company name Martin Marietta Materials, Inc. 2nd contractor's firm or company name N/A Sworn to before me this 25th uuh III )rxnt veniure fly Tar. By Dale 02125/14 nneth R.all - General Manager Tire Dale y commission expves March 28, 2017 U day of, February 19 2014 NOTE: This document must be signed in ink. patrese E Yarbrough Notary Public State of Colorado . - . , I.D. 20054012216 My Commission Expires: arc - ._ i BID NO # B14O0054 Page 20 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: February 25, 2014 All questions herein must be answered by ail bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): Martin Marietta Materials, Inc. 2. Permanent main office address: 1800 N. Taft Hill Rd. Fort Collins, Co. 80521 Phone Number: 970 407-3600 Fax Number: 970 407-3902 3. Year Company was organized: 1993 4. Number of years this Company has been engaged similar construction: 21 Years under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: The Meadows - Wellington, Co. $ 400,000 Arthur Ditch CBC — Fort Collins Larimer County Rd. Improvements $ 80.000 $ 2.5 Million 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. None 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. None BID NO # B1400054 Page 21 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. None 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. None 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. No 11. Describe all contracts that the Company failed to complete. N/A 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. N/A 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: City of Fort Collins 2014 Overlay Proiect Location: Various Locations - Fort Collins Supt: Rich Owens Owner's Representative: John Stephens Completion Date: Phone: 970 221-6775 Decemeber 2013 Contract Amount: 4.2 million Project Name: CR 398 Improvements BID NO # B1400054 Page 22 Location: CR 398 - Weld County Supt: Dave King Owner's Representative: Paul Henehan Completion Date: October 2013 Project Name: 2013 City of Greeley Overlay Phone: 303 956-8714 Contract Amount: 3.5 Million Location: Various Locations - Greeley, Co. Supt: Dave King Owner's Representative: Pat Hill Phone: 970 350-9336 Completion Date: December 2013 Contract Amount: $ 2.8 Million 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Dave Lemesany Kenneth R. Ball Jerimy Runner TITLE YRS. PERTINENT EXPERIENCE Vice President 30+ General Manager 20+ Operations Manager 15+ 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. None BID NO # B1400054 Page 23 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 25th day of February NOTARY County of Larimer , 2014. Bidder: Martin Marietta Materials, Inc. By: _ Company .ZZ/_ _ i Name: Kenneth R. Ball Title: (Please Type) General Manager ) ss. State of Colorado ) Kenneth R. Ball being duly sworn, deposes and says that he is General Manager of Martin Marietta Materials, Inc. (Title) (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this 25th day of February 2014. (SEAL) March 28, 2017 Commission Expires Pa trese E Yarbrough Not8r; :'ublic State of Colorado Notary I.D. 20054012216 My Commission Expires: March 28, 2017 /)(:-CIA0,(12. Notary public BID NO # B1400054 Page 24 ACORO® CERTIFICATE OF LIABILITY ��- INSURANCE DATE/2014 /YYYY) o3/zo/zota 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 on Street, Suite 3600 Charlotte, NC 28202 Attn: CA NON-RESIDENT NO. OB22889 J56965-1.MMM-GAXWX-13-14 CONTACT NAME: PHONE FAX (A/C, Extl: (A/C, No): E-MAILDDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : ACE American Insurance Company 22667 INSURED Martin Marietta Materials, Inc. Attn: Todd Crump 2710 Wycliff Road P. O. Box 30013 Raleigh, NC 27622 INSURER B - Indemnity Ins Co Of North America 43575 INSURER C : N/A N/A INSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: ATL-003255089-01 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 INSR SUER WVD POLICY NUMBER POLICY EFF 093YY) POLICY EXP V) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL ICLAIMS -MADE LIABILITY X OCCUR HDOG27023927 09/30/2013 930/2014 0913012014 EACH OCCURRENCE $ 3,000,000 DAMAGE RETED PREMSESO(Ea occurrence) $ 50,000 MED EXP (Any one person) $ N/A PERSONAL &AOV INJURY $ 3,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PRO - ECT PER: PRODUCTS - COMP/OP AGG $ 6,000,000 $ $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED ISAH08722249 09/30/2013 09/30/2014 COMBINED SINGLE LIMIT accident)3,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( l $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PAR I NER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/iJ N N /A WLRC47324518(AOS) 09/30/2013 09/30/2014 X WC STATU- TORY LIMITS I OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE- POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Hot and Warm Mix Asphalt /Asphalt Supply 2014 Certificate Holder is/are additional insured under General Liability and Automobile Liability as their interest may appear, if required by written contract with the named insured, subject to the terms and conditions of the policies. A waiver of subrogation applies under General liability, Automobile Liability, and Workers Compensation in favor of the certificate holder, if required by written contract with the named insured, subject to the terms and conditions of the policies. General Liability and Auto Liability insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written and executed contract. CANCELLATION Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Marilyn F Burns - ACORD 25 (2010/05) © 1988-2O1O ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. 016053200 SAMPLE St1Y3°LY uur rlcAcx Bum) KNOW ALL MEN BY THESE PRESENTS, That, Martin Marietta Materials Inc. 3 _ tr a muds�a ma..naam�a� .arlq,W the m _ 1800 N. Taft Hill Road, Fort Collins. Colorado 80521 as Principal, (hereinafter called the Supplier), and Liberty Mutual Insurance Company e ae a gee or e 3 175 Berkele Street Boston. Massachusetts 02116 as Surety, (hereinafter called Surety), are held and firmly bound unto Weld County Public Works (Imre meat 11111 acme end *diva, adage! Moot VI. Wow" 1111 H Street, P.O. Box 758, Greeley, CO 80632 as Obligee, (hereinafter called the Buyer), in the just and full sum of Four Million Five Hundred Ten Thousand Three Hundred 'Thirty-eight Dollars ($.4.514,33 £t.00 } for the payment of which semi, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated March 11 20,14 to furnish the following briefly described supplies: Hot and Warm Mix Asphalt/ Asphalt Supply 2014 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the said Supplier shall fully indemnify and reimburse the Buyer tar any loss that helshe (they, it) may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified, then this obligation chant be void; otherwise it shall remain in full force and effect PROVIDED HOWJE;VER, it shall be a condition precedent to any right of recovery hereunder, that in event of any default on the part of the Supplier, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at its Home Office in Interchange Corporate Center. 450 Plymouth Road. Suite 400. Plymouth Meeting, PA 19462 AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety on or before the later of the following- a) One year after the date of issuance of final payment to the Supplier under the Contract; or b) One year after the expiration data of any express warranty period provided for in the contract IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the 19th day of March .2014 . (P,e,cipat) ,/ laysll Byron C✓reech. Vice President and Treasurer tea V (Sc Rebeca L. Gomez Porras, Attorney -In -Fact (Il e7(Attach vetidcat,QatePOWtrarAttegoesFmm) BID NO # B14OOO54 �t Page 26 MEMORANDUM TO: Clerk to the Board DATE: March 19, 2014 FROM: Neal Bowers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Bid No. B1400054 Agreement -- Purchase of Materials Hot and Warm Mix Asphalt/Asphalt Supply 2014. (South County) with Aggregate Industries WCR, Inc. Attached is one original signed agreement. M'lFrmcie\AGENDA memos \AgendaNeaiBowers . docx t an.w;- cA9rs,uaA.. -ati•iti ee:Pit) (ce,v6) .3/ow X01 y- O57O EG oO7O AGREEMENT FOR PURCHASE OF MATERIALS BETWEEN WELD COUNTY AND AGGREGATE INDUSTRIES WCR Inc. HOT And WARM MIX ASPHALT / ASPHALT SUPPLY 2014 72 THIS AGREEMENT is made and entered into thiso?�~day of / a , 2014, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Aggregate Industries WCR Inc., [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is 1687 Cole Blvd. #300 Golden Co 80401, hereinafter referred to as "Contractor". 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. Exhibit A consists of County's Request for Bid (RFB)as set forth in "Bid Package No. B1400054". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, County requires road construction materials in order to build and repair County roads for which it is responsible, and WHEREAS, Contractor is able to provide the materials required by County, at the prices and locations described in Exhibits A and B, copies of which is attached hereto and made a part hereof by this reference. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: 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. Contractor acknowledges that Exhibit A may contain highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. and Contractor's willingness and ability to meet those requirements 2. Materials Provided by Contractor & Delivery. Contractor agrees to provide the road construction materials described in and for the prices set forth in Exhibits A and as set forth by Contractor in Exhibit B throughout the Term of this Agreement. Contractor warrants ao��-as7� that the materials supplied are fit and sufficient for the purpose of road construction and conform to County's minimum specifications per each order placed. The parties shall agree as to the method and timing of each delivery of the road construction materials following each order placed by County. Each order for materials shall be in writing and shall be confirmed in writing by Contractor. Contractor acknowledges that County's award of the bid is predicated upon Contractor's agreement to provide the materials within the time(s) set forth in Exhibits A and B. A failure to provide the materials within that time may result in County's refusal to pay the Contract Amount/Compensation 3. Term. The term of this Agreement shall begin upon the date of the execution of this Agreement by County, and continue through and until the date specified in Exhibit A. No changes in compensation for extension terms shall be made, unless specifically agreed to in writing by the parties. 4. Contract Amount/Compensation. County agrees to pay Contractor for road construction materials ordered by County pursuant to the pricing schedule set forth in Exhibits A and B, within thirty (30) days of Contractor's submittal of an invoice to County. Contractor acknowledges no additional payment shall 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 materials provided 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 materials provided, beyond those specifically authorized by County, are provided 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. 5. Additional Materials/Work. In the event the County shall require changes in the scope of the work to be performed or the type or quantity of the materials to be provided, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. 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 2 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), and (b) provide proof thereof when requested to do so by County. 7. Ownership. All materials delivered to County and 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. 8. Termination Provisions. A. 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 and related services under this Agreement beyond the time when such materials and related services become unsatisfactory to the Manager. B. 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 Manager approves in writing which he determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all materials provided pursuant to this Agreement upon termination, C. 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 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." D. 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. 3 9. Warranty. Contractor warrants that materials provided under this Agreement will be consistent with the quality of materials required under Exhibit A and promised under Exhibit B. Contractor shall faithfully provide/deliver the required materials in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent materials providers which provide/deliver materials of a similar nature to those required and promised herein. 10. Acceptance of Materials/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 materials and reports furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and quantity of the materials provided. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of covenant 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; and 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, any materials provided 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. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the quality and quantity of all materials and services provided, the timely delivery of said materials and incidental services, and the coordination of Contractor's performance with County, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. 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 Contractor in its provisions of the materials required herein; or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. 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. 4 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, 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. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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. 17. 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. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractor or persons to provide materials of the same or similar nature. 19. 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 4r supplemented only by a written instrument signed by both parties. 20. 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. 21. Employee Financial Interest/Conflict of Interest — C.R.S. $tZ24-18-201 et seq. and 424-50-507.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 5 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 conflict 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies that Contractor is not an illegal immigrant. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and 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 Department 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 sub -contractor that fails to certify with Contractor that the sub -contractor shall not knowingly employ or contract with an illegal alien to 6 perform work under this Agreement. Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed, (b) shall notify the sub -contractor and Weld County within three (3) days that Contractor has actual knowledge that a sub -contractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a sub -contractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) 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 Department program, 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 Department 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 damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to provide only those materials which meet or exceed the requirements. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 30. 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 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this t v4 day of Nt-i\a(Gv . , 201'. CONTRACTOR: By: %} tom M• c ��--h�. Date a.(`, ) 9 , � /1 Name: Title: P-FI��CILY1 00 1 . 7 WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to BY: eputy Cler to the Board William F. Garcia, Acting Chair Pro -Tern MAR 242014 8 aot 5! os2o NOTICE OF AWARD Hot And Warm Mix Asphalt / Asphalt Supply 2014 (South County) To: Aggregate Industries WCR Inc. 1687 Cole Blvd. # 300 Golden, CO 80401 Project Description: (South County) Hot And Warm Mix Asphalt / Asphalt Supply 20141 "South County"( Except for Grading "SX" 64-28) The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2014, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 1,462,765.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance and a Supply Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 12 day of March , 2014 Weld County, Clorado, Owner By Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this 1 `\ day of .-k.cu G V\ Title: Kevin Staiiii 0 BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2014 Preparation of the Bid: 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, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM ITEM QUANTITY UNIT BID CONTRACT PRICE PLANT # PRICE LOCATION PER UNIT 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) NORTH 0 SOUTH 0 TON $38.00 $37.75 Longmont Commerce City 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 22445 SOUTH 2200 TON $37.00 $36.50 $ 830,465.00 $ 80,300.00 Longmont Commerce City 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 2000 SOUTH 14000 TON $38.00 $34.00 $ 76,000.00 $ 476,000.00 Longmont Commerce City 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) NORTH 0 SOUTH 0 TON $46.50 $45.00 Longmont Commerce City 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) NORTH 0 SOUTH 0 TON $37.00 $37.00 Longmont Commerce City 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40 000 , GALLON No Bid A'R E" CERTIFICATE OF LIABILITY INSURANCE DATE(MM1OO/YYYY) 03/13/2014 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. 99 HIGH STREET BOSTON, MA 02110 Attn: Boston.Certrequesl@marsh.com Fax 212-948-4377 S02583-Corpo-ALL-13-14 WCR CONTACT NAME: PHONE FAX INC. No. Ex 0: (A1C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : New Hampshire Insurance Company 23841 INSURED AGGREGATE INDUSTRIES MANAGEMENT, INC. AND ITS SUBSIDIARIES 201 JONES ROAD WALTHAM, MA 02451 INSURER B : American Guarantee & Liability Ins Co 26247 INSURER C : INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: NYC -006818206-01 REVISION NUMBER:2 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 ADUL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/OD/YYYYI POLICY EXP (MM/DO1YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 5094586 04/01/2013 04/01/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 CLAIMS -MADE X OCCUR MED EXP (My one person) S 50,000 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 GEN'L X AGGREGATE POLICY LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ A A A AUTOMOBILE X - LIABILITY SCHEDULED 5196358 (AOS) 5196359 (MA) 5196360 (VA) 04/01/2013 04/0112013 04/01/2013 04/01/2014 04/01/2014 04/01/2014 COMBINED SINGLE LIMIT (Ea accident) $ 3,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ 8 X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE 8249956-02 04/01/2013 04/01/2014 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 1 DED I RETENTIONS S A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y! N (Mandatory in OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) IDESCRIPTION uOF OPERATIONS below N / A 033575430 (ADS) 033575432 (MA,ND,DH,WA,WI,WY) 033575431(IL, NH, UT) 033575433 (AZ) 04/01/2013 04/01/2013 04/01/2013 04/01/2013 04/01/20,4 04/01/2014 04/01/2014 04/0112014 X i WC STATE- `oTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A WORKERS COMPENSATION 033575434 (PA) 04/01/2013 04/01/2014 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) Certificate holder is included as additional insured (except Workers Compensation) where required by written contract solely with respect to the operations and activities of the named insured. Waiver of subrogation is applicable where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County 1150 "O" St. 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. Sarah A. Steverson ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: S02583 LOC #: Boston ACD DDR ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH USA, INC. NAMED INSURED AGGREGATE INDUSTRIES MANAGEMENT, INC. AND ITS SUBSIDIARIES 201 JONES ROAD WALTHAM, MA 02451 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ADDITIONAL NAMED INSUREDS INCLUDE THE FOLLOWING: Aggregate Industries- Northeast Region, Inc. Aggregate Industries - WCR, Inc. Aggregate Industries - MWR, Inc. Aggregate Industries Land Company, inc. Barden, Inc. d/b/a Aggregate Industries - MAR Meyer Material Company, LLC Kest, Inc. Lattimore Materials Corp. Super Concrete Corporation Tiger Minima, inc. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,s. Bond 58712252 SUPPLY CONTRACT BOND KNOW ALL BY THESE PRESENTS: That we, AGGREGATE INDUSTRIES - WCR, INC. 1687 Cole Blvd., Ste. 300 Golden CO 80401 as Principal, and WESTERN SURETY COMPANY , a SD corporation, authorized to transact surety business in the State of CO as Surety, are held and firmly bound unto WELD COUNTY PUBLIC WORKS 1111 H Street Greeley CO 80632 as Obligee, in the sum of One Million Four Hundred Sixty Two Thousand Seven Hundred Sixty Five and 00/100Dollars ($ 1,462,765.00 ), lawful money of the Uniteed States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, on the day of , the Principal entered into a supply contract with the Obligee for furnishing Hot and Warm Mix Asphalt/Asphalt Supply 2014 which supply contract is by reference made a part hereof and is hereafter referred to as the Contract; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform said supply contract according to its terms, covenants, and conditions, then this obligation shall be void; otherwise it shall remain in full force and effect. DATED this day of AGGREGATE INDUSTRIES - WCR, INC. By: Principal `2ere! tI^i ages WEST: RFTY CO PAW Title Attorney -in -Fact Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and scat herein affixed hereby make, constitute and appoint Lupc Tyler, Lisa Ward, Wendy W Stuckey, Michael J Herrod, Margaret Buboltz, U Theresa Gardner, Nancy A Thomas, Roger Smidcdy, Donna Williams, Jennifer Copelami, Individually of Houston, IX. its true and lawful Attorneys)-in=Fact with full power and authority hereby conferred to Sian, seal and execute for and on its behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offix r of the corporation and all the acts of said Attorney, pur_suarit to the authority hereby ghvri, arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of die By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. Its Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of October, 2012.: WESTERN SURETY COMPANY q$T; Braila, V fit President State of South Dakota County ofMnrnehalta On this '14th day of October, 2012, before me personally cattle Paul 1;,'13rutlat, to rate known, who. being by me duly sworn, did depose and say, that he resides in the City of Sioux Falls, Statc:of South Dakota; that heris the Vice President of WESTERN SURETY COMPANY described in raid which executed the above instrument; that he .knows the seal of said corporation; that the seal affixed to the said instrumcht'is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that tic signed his name thereto pursuant to like authority, and acknowledscs same to be the act and deed of said corporation. My commission expires 3une23,2015 } SS titOliti *QUM DAM* r: CERTIFICATE 3: iGlrrh Nest ay',Pilhlie 1, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is stilt in fora:, and further certify that the By-l.aw of the corporation printed on the reverse hereof is still in force, in testimony whereof I have hereuntosuhscribed my name and -affixed the seal of the said corporation this day of 'i il. * s,r,kr r. Form F4180.1-2012 WESTERN SURETY COMPANY I. Nctsvn,'Assistrtnt Sc :rcttu-v s-- Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, poliitic's, undertakings, Powers of Attorney., or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Hoard of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. WELD COUNTY CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR THE HOT AND WARM MIX ASPHALT / ASPHALT SUPPLY 2014 (with options for 2015/2016) February 2014 for Weld County Public Works Division of Pavement Management 1111 H Street P.O. Box 758 Greeley, Colorado 80632 970-356-4000 BID NO # B1400054 Page 1 TABLE OF CONTENTS The following provisions take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to control material supply for this project. INVITATION TO BID 3 BIDDING REQUIREMENTS Instruction to Bidders 3-8 Insurance Requirements 8-10 Acknowledgement of bid Documents 11 General Specification 12-13 Bid Proposal (Bid Schedule) 14 Bid Summary 15 Receipt of Addenda 16 Bid Bond (Example) 17-18 IRS From W-9 19 Anti -Collusion Affidavit 20 Statement of Qualifications and Subcontractors 21-24 CONTRACT FORMS Contract Extension/Renewal 25 Supply Bond (Example) 26 Notice of Award (South County, North County) 27-28 Agreement 29-34 PROJECT SPECIAL PROVISIONS Index 35 Revision of Section 1O4, Scope of Work 36 Revision of Section 105, Claims for Contract Adjustment 37 Revision of Section 1O5, Conformity to the Contract of Superpave Performance Graded Binders 38 Revision of Section 403, Hot Mix Asphalt 39-40 Revision of Section 702, Bituminous Materials 41 Signature Page 42 BID NO # B1400054 Page 2 ****************** REQUEST NO No. B1400054 ****************** DATE: 1.29.2014 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES PAGES 3 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 -10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. I. NOTICE TO BIDDERS: A. The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: Hot and warm Mix Asphalt / Asphalt Supply 2014 (w/ possible 2, 1-yr renewals) Department of Public Works B. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 2125/2014, 10:00 a.m. (Weld County Purchasing Time Clock) II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. 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. D. You can find bid information on the Weld County Purchasing website at httr://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet()) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. E. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwaltersco.weld.co.us or reverettaco.weld.co.us. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail. Mailed bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. BID NO # B1400054 Page 3 III. INSTRUCTIONS TO BIDDERS: A. 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 in behalf of a corporation shall be furnished. 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. B. 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. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. 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 I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. I. 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). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. BID NO # B1400054 Page 4 K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contract, the 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 the 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. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. 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. P. 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 riot limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. Q. 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. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of BID NO # 61400054 Page 5 General Services. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL" Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein BID NO # B1400054 Page 6 4. 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. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. D. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. E. Fund Availability: Financial obligations of the 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. F. 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. G. 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 ail 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. H. 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. I. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. BID NO # B1400054 Page 7 J. 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. K. 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. L. Attorneys 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. M. 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. N. Insurance Requirements. 1. General Requirements: Contractors/Contract Professionals 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/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional 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. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. BID NO # B1400054 Page 8 b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. 3. Automobile Liability: Contractor/Contract Professional 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. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: L If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") 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. 6. Proof of Insurance: County reserves the right to require Contractor/Contract Professional 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. 7. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. 8. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. 9. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages BID NO # B1400054 Page 9 required of Contractor/Contract Professional. Contractor/Contract Professional 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/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. The remainder of this page left blank intentionally BID NO # B1400054 Page 10 ACKNOWLEDGEMENT OF BID DOCUMENTS 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 did. ❑ Bid Schedule/Summary (pages 14-15) ❑ Receipt of addenda(s), if any, should be signed. (page 16) 4 Bid Bond (Page 17-18) h% W-9 (page 19) 6f Anti -Collusion Affidavit. (page 20) ❑ Statement of Qualification (must be signed and notarized) (pages 21-24) I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. 450}ft543r ,Y\c t DtS � -1 kOL- J/ (Contractor) Dated this A041% day of F O UC& j , 20 t �etl� Stoehr By: Title: BID NO # 61400054 Page 11 Purpose Weld County is soliciting bids to supply Weld County with Hot and warm Mix asphalt for 2014. More than one vendor may be selected for this contract. General Conditions and Information 1. Weld County will not supply any material for this project. 2. Bidders must indicate the location of their mixing plant. 3. Weld County will pick up all materials from the vendor's plant on an as -needed basis. The vendor will load and scale all materials at the plant. 4. Bids on materials shall be good through April 1, 2015, with the ability to renegotiate unit prices at the end of each calendar year. 5. Weld County will select the bidder based on the lowest cost to the County, considering job -site location and hauling cost. Materials may be purchased from different bidders based on plant location relative to job site. Estimated quantities are the total amounts to be purchased from all vendors. 6. To determine the appropriate supplier, Weld County will determine lowest cost using fifteen (15) cents per ton -mile hauling rate for the distance in miles from the plant site indicated by the bidder to the middle of the projects. The route will be the most direct available considering road conditions and restricted bridges as determined by Weld County. 7. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the plant. All tickets must be legibly signed by a Weld County employee. Also, all tickets must have Mix Design and Weld County Material Code printed on them or no payment will be made. 8. The Contractor shall submit on demand, two job mix formulas for testing and approval. CDOT job mix formulas based on the materials to be used are acceptable. 9. Bidders must have storage for the emulsified asphalt and liquid asphalt. Bidder(s) must be able to provide Weld County with precut and preheated liquid asphalt. 10. Weld County will notify the successful bidder(s) twenty-four (24) hours in advance of any asphalt supply needs. 11. The bidder awarded the Hot Mix Asphalt Bid (North) will also receive the Emulsified Asphalt Bid. 12. The bidder awarded the Hot Mix Asphalt Bid will be required to supply as much as 300 ton per hour to Weld County when requested. 13. In the event where a contractor cannot supply material needs due to break downs or other contracts Weld County will use other vendors. The contractor will pay the added cost if the other supplier has a higher price. The contractor will also be responsible for additional hauling costs. 14. Weld County requires that hot mix asphalt be supplied from the first of March to the end of November, weather permitting. BID NO # B14O0054 Page 12 Schedule Advertisement: Published: Greeley Tribune Proposals Due to Purchasing: Proposal Accepted by BOCC: February 4, 2014 February 25, 2014 March 11, 2014 Weld County Contact Questions related to the project and procedures should be directed to: Neal Bowers Weld County Public Works 970.304.6496, ext. 3744 nbowers@weldgov.com Terms and Conditions All Vendors will be required to sign Weld County's Materials Agreement. A sample Agreement is included in this document. The Materials Agreement shall commence approximately March 2014 and continue in full force and effect for one year. At the option of the County, the Materials Agreement may be extended for up to two (2) additional years. Cost increases must be consistent with regional trends. Weld County will use the ENR Cost Index (Paving, PG 58 per ton Denver) to measure the percent of increase from year to year to justify increases in cost. Price adjustments will not be implemented without final approval from Weld County. The Contract may and will be used at the option of other Weld County Departments. BID NO # B1400054 Page 13 BID SUMMARY Hot And Warm Mix Asphalt / Asphalt Supply 2014 Each contractor is required to submit a bid based on the listed 2014 quantities. The bidder awarded the North Hot and Warm Asphalt / Asphalt Supply 2014 Bid will also receive the Emulsified Asphalt Bid. I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. LO(15M0i* Qtunk- 'Cok-a\ : Sl (o05 7aS TOTAL BID SUMMARY $ 5I3G7 t gf0o"" ,p him► ?lank 7 -oh FIRM Ayf 3Cc . iicyk UShrWCAt-, tt1C. BUSINESS ADDRESS I(pfl C 1F BA Vet 300 CITY, STATE, ZIP CODE G ckoi Co O4 \ TELEPHONE NO. 303 "1141 - SZ Sb FAX NO. %SC '" 23M (02-Sq TAXPAYER I.D.# O4" OH 04 0 BY: 116Altei t TITLE : DATE: KsviiMOM' b,artecel IA11e WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF EXEMPTION NO. 98-03551; NOTE: The following are items of work to be completed by Weld County: BID NO # B1400054 Page 15 v BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2014 Preparation of the Bid: 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, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM ITEM QUANTITY UNIT BID PRICE CONTRACT PRICE PLANT # LOCATION PER UNIT 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) NORTH 1000 SOUTH 1000 TON il3 3 �5 7 S-OO g ht;c, .KACLect �soi E. Av eamorcll, G -4i TOO2-2- 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT}(75} (PG-64-22) (30% RAP) NORTH 78000 SOUTH 15000 TON d 36sco 4 3,3gqI500 403.000, HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 20725 SOUTH 14000 TON s.ZS" �� `" rrsV { I OQI �O 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) NORTH 2200 SOUTH 12750 TON $ S3 5O0 49 52 r� _ 4 w� L• y1� o 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) NORTH 1000 SOUTHIii 1000 TON la 00 57 1j it / I 1000 , 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40 000 ' GALLON NO 13tD BID NO # B1400054 Page 14 BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2014 Preparation of the Bid: 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, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. BID SCHEDULE ITEM ITEM QUANTITY UNIT BID CONTRACT PRICE PLANT # PRICE LOCATION PER UNIT 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) NORTH 1000 SOUTH 1000 TON d3 43Z 2° 47(o(0d 0 Loc>�rr►ont P1A W e�a �% Lo%m°t*, Cc M. -GI 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 78000 SOUTH 15000 TON W6 1i� �o it 3 qu1000 i 1 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) NORTH 20725 SOUTH 14000 TON 4r2E 4U '- wit $%3 ia, 5SO 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) NORTH 2200 SOUTH 12750 TON *83 'Yoe f5,r7S 403.00 WARM MIX ASPHALT -S) (ASPHALT)(75) (PG 64-22) (30% RAP) NORTH 1000 SOUTH 1000 TON *110$ 4379.9(GRADING tti‘-claco Y 401.00 EMULSIFIED ASPHALT (CSS-1H) (TACK COAT) NORTH ONLY 40 000 GALLON At!, !�.! S I D ID NO#R14nnns4 --__ .. rtt ''Rol .2o', RECEIPT OF ADDENDA (See Attached Sheet) Hot and Warm Mix Asphalt / Asphalt Supply 2014 The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. SIGNATURES: Dated this 2.0 44‘day of P.A00..A.1 , 20 FIRM NAME: BY: TITLE: A-nrela--e krays-2s i.L \f40( C or ral 1uhr8agew BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: et IOftaO ADDRESS: (1Z-1 l'�1'e. tg1Vd • 4+-S00 TELEPHONE NO: 3v3 • 1 US' t�1"O FAX NO: 303 qU • 0°3 BID NO # B1400054 Page 16 Form W-9 (Rev. December 2011) Department of the Treasury 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 on your income tax return) Business name/disregarded entity name, if different from above Aggregate Industries - VLCR, Inc. Check appropriate box for federal tax classification: Trust/estate P) ► • Individual/sole proprietor El C Corporation II S Corporation I Partnership ❑ company. Enter the tax classification C=C corporation, 5=3 corporation, P= artnershi P Y ( P P P > ill Limited liability I Exempt payee ❑ Other (see instructions) Address (number, street, and apt. or suite no.) 1687 Cole Boulevard, Suite 32O Requester's name and address (optional) City, state, and ZIP code Golden, Colorado 834O1 List account number(s) here (optional) A axpayer IdentitIca tion Number Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line 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 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 for guidelines on whose number to enter. Social security number Employer identification number 8 4 0 4 0 4 3 4 0 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting 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). 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 4. Sign Here Signature of U.S. person D. ( 1c �Ct (-64 General Instructions Section references are to the Internal Revenue Code unless 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 property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if 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: 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. L Fr cf_ 2-, Date ► Note. if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax 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. Cat. No. 10231X Form W-9 (Rev. 12-2911) SAMPLE BID BOND Hot and Warm Mix Asphalt / Asphalt Supply 2014 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 4, 2014, for the Hot and Warm Mix Asphalt / Asphalt Supply 2014 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2014, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal Address ATTEST: By: By: Surety Address ATTEST: By: BID NO # B1400054 Page 17 INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B1400054 Page 18 ANTI -COLLUSION AFFIDAVIT PROJECT NO LOCATION `e3.1'0oo54 \ i Xc\ Cou6 CokoaA o 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. 28. Neither the prices nor the amount of the bld of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Cony Oor's tom or compaoY name lndus+r�,s -"j CrZ , 1 rc. By // //0.4.1‘._ 1 Oat..9re5Ql4( T.,,. atrt¢xGA,l Manace( - As4ha14- 2nd contractor's firm or company name, Of jo.at renlure-I By Date Tea Sworn to before me this i CA day of, e \,y 19 t 4 Ne:ary Public )t \CL.Q.), (d L" -e,t e. I try co.n/n.,51On eep.res CLAUDIA V. PEREZ Y PUBLIC STATETAFR COLORADO NOTARY ID # 20094040615 MY COMMISSION FYDIRFC nerchnaco a '2na, (7.-— =L - I ' NOTE: This document must be signed in ink. _ BID NO # B1400054 Page 20 STATEMENT OF UALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: 2../ ICI ` t 4 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): A9{ 1 Wee- r l31 ck ( kcAv5(n es ~' W , C' L , 1 nC.. 2. Permanent main office address: (On C.Ot€ Q tva. 4* -go Got doll-) ► Cc bt4,-o l Phone Number: Fax Number: 3oS • 91s • 17o (1#3.97-0 • Ga 3� 3. Year Company was organized: I —1 .S 4. Number of years this Company has been engaged similar construction: '304- 'el rS under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: SVcinSkot 1641 tQkj\ t c) Qo s\ c's Cuk"* ' t\ r \AWE Wc„ >}c k -CAW tk/Vor 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. /A- $ l,7oovoog— $ QL 1O6o $ 2 — , a occ) Oo o— 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B1400054 Page 21 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner, Pc 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. miA 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. / Project Name: y tr wU5 \{�1G��2'( Cokd m.k*, Ur j'1y Location: )CTrC.ASS Q Ik 0-{.hwt.r, Co Supt: Owner's Representative: D-e'n VI ‘1' Phone 3/4Mb' 31411 Completion Date: a Olt -1 1 VG o(U (A X12 Shk} Contract Amou :; MI 000 Project Name: 3140l,ASkk t4W1 ( (0k1 f \ BID NO # B1400054 Page 22 Location: Lyaos ; C� Owner's Representative: NO G P! -I--(,e( Completion Date: NOveCIMrcr t 2013 Contract Amount: /(2001000 Project Name: ‘6142SkIftt n5'Gc I C41 O('" g-Ql`3 S 1 Location: Qoh rck '&f t j e.o mutt ci4m k CM Supt: Owner's Representative: a, tIKA . 't1u D(ci i SciA. Phone:3O' . q is • soca(o Completion Date: fv' A vf- Q-Ot 3 Contract Amour$ 5SO t dc» A-Sev.. 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. Supt: SUBCONTRACTOR WORK DESCRIPTION tUor koetfeke Lc Phone: 310. (o(0 3. 2.273 °/,..) OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. PERTINENT EXPERIENCE Kevin )5-v.e hf- GenQ.ru1 Mc 20 Claris pi kvcx 0es, my-, W;11 OL 4('v, 30 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. n1/A — NoNr' BID NO # B1400054 Page 23 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this go day of NOTARY County of State of ( fr)( et 0 brua`r'i , 2014. Bidder: 9r G(Jt na es -' ',�- // Company By: Name: n (Please Type) Title: L? e YLO. AIVA, 111 Ko,v+Y S itir .F\ �[ er. deposes and says that he is ) ) ss. of (Title) (j ca -(cc being duly sworn, Ci (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this t O day of , 2014. CLAUDIA V. PEREZ E OOTARY PUBLIC (S#E OF COLORADO NOTARY ID ft 20094040515 MY COMMISSION EXPIRES DECEMBER 15, 2017 Commission Expires r' 0)CC o. efe_ Notary Public BID NO # 61400054 Page 24 SAMPLE CONTRACT EXTENSION / RENEWAL Hot and Warm Mix Asphalt / Asphalt Supply 2014 Date: Project: Hot and Warm Mix Asphalt / Asphalt Supply 2014 described in the invitation for Bids, Bid No. B1400054 Owner: Weld County Public Works Department, PO Box 758, Greeley, Colorado 80632 Consultant: The following change is hereby made to the Contract Documents: Contract Time Extension: Change to Original Rate Schedule: CHANGE TO CONTRACT PRICE: CHANGE TO CONTRACT TIME: The Contract time will be increased by calendar days. RECOMMENDED: Owner Representative: Date: Douglas Rademacher, (Chair) Supervisor: Date: Director: Date: APPROVALS: Contractor: By: Date: Title: BID NO # B1400054 Page 25 SAMPLE SUYYLY CONJ. BOND KNOW ALL MEN BY THESE PRESENTS, That, (sere insertmff name and adtrea orregal title or Suppiiv) as Principal, (hereinafter called the Supplier), and (here msat toilsome andadiress or lega4 title of Surety) as Surety, (hereinafter called Surety), are held and firmly bound unto (here insert full name and address or legal title of heBuyer) as Obligee, (hereinafter called the Buyer), in the just and full sum of Dollars ($ for the payment of which sum, well and truly to be made, the said Supplier and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the Supplier has entered into a certain written contract with the Buyer dated 20 to furnish the following briefly described supplies: which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the said Supplier shall fully indemnify and reimburse the Buyer for any loss that he/she (they, it) may suffer through the failure of the Supplier to furnish said supplies in accordance with the terms of said contract, at the time(s), and in the manner therein specified, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in event of any default on the part of the Supplier, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at its Home Office in AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety on or before the later of the following: a) One year after the date of issuance of final payment to the Supplier under the Contract; or b) One year after the expiration date of any express warranty period provided for in the contract. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this the day of .20 (Prindpel) (Seal) (wtmess) (Surety) (Seal) (ride) (Attadtvalid CorporattePower ofAttoeneyForm) (Winless) BID NO # B1400054 Page 26 SAMPLE NOTICE OF AWARD Hot And Warm Mix Asphalt / Asphalt Supply 2014 (South County) To: Project Description: (South County) Hot And Warm Mix Asphalt / Asphalt Supply 2014 / "South County" The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2014, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2014 Weld County, Colorado, Owner By Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 20 By: Title: BID NO # B1400054 Page 27 SAMPLE To: NOTICE OF AWARD Hot And Warm Mix Asphalt / Asphalt Supply 2014 (North County) Project Description: (North County) Hot And Warm Mix Asphalt / Asphalt Supply 20141 "North County" The contract, Hot And Warm Mix Asphalt I Asphalt Supply 2014, in general consists of supplying bituminous materials needed to carry out Weld County's maintenance and construction plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2014 Weld County, Colorado, Owner By Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Dated this (Contractor) day of , 20 By: Title: BID NO # B1400054 Page 28 SAMPLE 1.30.2014 AGREEMENT FOR PURCHASE OF MATERIALS BETWEEN WELD COUNTY AND PROJECT NAME THIS AGREEMENT is made and entered into this day of , 2013, 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 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is , hereinafter referred to as "Contractor". 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. Exhibit A consists of County's Request for Bid (RFB)as set forth in "Bid Package No. B ". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. WITNESSETH: WHEREAS, County requires road construction materials in order to build and repair County roads for which it is responsible, and WHEREAS, Contractor is able to provide the materials required by County, at the prices and locations described in Exhibits A and B, copies of which is attached hereto and made a part hereof by this reference. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: 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. Contractor acknowledges that Exhibit A may contain highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. and Contractor's willingness and ability to meet those requirements 2. Materials Provided by Contractor & Delivery. Contractor agrees to provide the road construction materials described in and for the prices set forth in Exhibits A and as set forth by Contractor in Exhibit B throughout the Term of this Agreement. Contractor warrants that the materials supplied are fit and sufficient for the purpose of road construction and conform to County's minimum specifications per each order placed. The parties shall agree as to the method and timing of each delivery of the road construction materials following each order placed by County. Each order for materials shall be in writing and shall be confirmed in writing by Contractor. Contractor acknowledges that County's award of the bid is predicated upon Contractor's agreement to provide the materials within the time(s) set forth in Exhibits A and B. A BID NO # B1400054 Page 29 failure to provide the materials within that time may result in County's refusal to pay the Contract Amount/Compensation 3. Term. The term of this Agreement shall begin upon the date of the execution of this Agreement by County, and continue through and until the date specified in Exhibit A. No changes in compensation for extension terms shall be made, unless specifically agreed to in writing by the parties. 4. Contract Amount/Compensation. County agrees to pay Contractor for road construction materials ordered by County pursuant to the pricing schedule set forth in Exhibits A and B, within thirty (30) days of Contractor's submittal of an invoice to County. Contractor acknowledges no additional payment shall 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 materials provided 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 materials provided, beyond those specifically authorized by County, are provided 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. 5. Additional Materials/Work. In the event the County shall require changes in the scope of the work to be performed or the type or quantity of the materials to be provided, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. 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), and (b) provide proof thereof when requested to do so by County. 7. Ownership. All materials delivered to County and 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. BID NO # B1400054 Page 30 8. Termination Provisions. A. 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 and related services under this Agreement beyond the time when such materials and related services become unsatisfactory to the Manager. B. 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 Manager approves in writing which he determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all materials provided pursuant to this Agreement upon termination, C. 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 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." D. 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. 9. Warranty. Contractor warrants that materials provided under this Agreement will be consistent with the quality of materials required under Exhibit A and promised under Exhibit B. Contractor shall faithfully provide/deliver the required materials in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent materials providers which provide/deliver materials of a similar nature to those required and promised herein. 10. Acceptance of Materials/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 materials and reports furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and quantity of the materials provided. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of covenant 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; and 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, any materials provided 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. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the quality and quantity of all materials and services provided, the timely delivery of said materials and incidental services, and the coordination of Contractor's performance with County, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall be fully responsible and liable BID NO # 61400054 Page 31 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 Contractor in its provisions of the materials required herein; or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. 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. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, 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. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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. 17. 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. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractor or persons to provide materials of the same or similar nature. 19. 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. 20. 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. BID NO # B1400054 Page 32 21. 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 conflict 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. Public Contracts for Services. C.R.S. &8-17.5-101. Contractor certifies that Contractor is not an illegal immigrant. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and 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 Department 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 sub -contractor that fails to certify with Contractor that the sub -contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed, (b) shall notify the sub -contractor and Weld County within three (3) days that Contractor has actual knowledge that a sub -contractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a sub -contractor does not stop employing or contracting with the illegal alien BID NO # 51400054 Page 33 within three (3) days of receiving notice, and (d) 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 Department program, 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 Department 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 damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to provide only those materials which meet or exceed the requirements. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Proposal, and is a part this Agreement.) 30. 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 201_. CONTRACTOR: By: Date Name: Title: WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board BID NO # B1400054 Page 34 INDEX PROJECT SPECIAL PROVISIONS Index Revision of Section 104, Scope of Work Revision of Section 105, Claims for Contract Adjustment Revision of Section 105, Conformity to the Contract of Superpave Performance Graded Binders Revision of Section 403, Hot Mix Asphalt Revision of Section 702, Bituminous Materials Signature Page 35 36 37 38 39-40 41 42 The specifications for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, 2011 for Superpave specifications, unless otherwise stipulated in this document. The super pave mix design procedure should be run at a minimum 75 gyrations of compactive effort. References to the Division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department. Section 105.04 Section 105.22 Section 106.01 Section 106.02 Section 106.03 Section 106.07 Section 106.08 Section 106.09 Section 107.01 Section 109.01 Section 401.01 Section 401.02 Section 401.03 Section 401.04 Section 401.05 Section 401.06 Section 401.08 Section 401.09 Section 401.13 Section 401.14 Section 401.15 Section 401.21 Section 702.01 Section 703.04 Section 703.06 Section 712.03 Conformity to the contract of Superpave Performance Graded Binders Dispute Resolution Source of Supply and Quality Requirements Material Sources Samples, Tests, Cited Specifications Plant Inspections Storage Materials Hauling Materials Laws to be Observed Measurement of Quantities Description (Plant Mix Pavements) Composite of Mixtures Aggregates Filler Hydrated Lime Asphalt Cements Bituminous Mixing Plant Hauling Equipment Preparation of Asphalt Cements Preparation of Aggregates Mixing Method of Measurement Asphalt Cement Aggregate for Hot Plant Mix Bituminous Pavement Filler Hydrated Lime BID NO # B1400054 Page 35 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.2-(c) shall be revised as follows: Delete 2nd paragraph starting with "If the alterations" to 3th paragraph subsection (1) ending with "proposed construction" and revise subsection (2) with Approximate quantities to be purchased from all vendors are stated for 2014. Estimated quantities are provided for 2015 through 2016. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2015 through 2016. Weld County reserves the right to increase or decrease the quantities up to twenty-five percent (25%) of the total bid as best fits its needs. BID NO # B1400054 Page 36 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.17 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Neal Bowers, Pavement Management Supervisor Project Engineer: Wayne Howard, P.E., County Engineer Project Inspector: Josh Holbrook, Inspection Supervisor BID NO # B1400054 Page 37 REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT OF SUPERPAVE PERFORMANCE GRADED BINDERS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.04 and replace with the following: 105.04 Conformity to the Contract of Superpave Performance Graded Binders. Asphalt binders will be price reduced according to the following if the requirements of subsection 702.01 are not met: TABLE OF PERFORMANCE GRADED BINDER LIMITS Property Specification Compliance Limit for Price Reduction of 0% Rejection Limit, Price Reduction 25% G*sm (delta) of. RT! © kesidue Slope (m -value) of the Creep Curve at Low Grade Temperature + 10° C. Stiffness o€ P,AY Residue at t owar de y emera Tpture +110° C, pa) 2.20 Mlp -' 0.300 Min X00 Max 1.87 Mir, 0.295 Min =� 311 1(ilax < 1.53 < 0.266 > 35 Note: Out of spec material that is deemed to be unusable because of oversize or foreign material will be viewed as a zero pay item and no reduction table will be used. Tested material that has a high liquid AC content and also is high on the fines contained in the aggregates may be deemed a tender or unstable mix and therefore unusable. Performance -graded Asphalt Binder will be tested throughout the year per AASHTO M-320. This test will be paid for by Weld County unless the Asphalt Binder is out of spec. If material is out of spec the Asphalt Supply Company with reimburse Weld County for that test. Material that is slightly out of spec will result in notification of the contractor and the location will be monitored. Material that is out of spec enough to be deemed unusable may be required to be removed from the job site. In the case where it is agreed that the material is a tender or unstable mix it may be required to be milled and replaced. The contractor may mill the material up for their own use. If the contractor opts to do the removal they will be required to obtain a permit to work int he county right of way. When the contractor opts to do the removal the county will set guidelines for project implementation and completion. If the county is required to do the milling and removal all costs for performing this service will be charged to the contractor. BID NO # B1400054 Page 38 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix and warm mix asphalt shall conform to the following: TABLE 403-1 Property Test Method Value For Grading SX(75) S(75) G(75) SX(75) Air Voids, percent at: N (design) CPL 5115 3.5-4.5 3.5-4.5 3.5-4.5 3.5-4.5 Lab Compaction (Revolutions): N (design) CPL 5115 75 75 75 75 Stability, minimum CPL 5106 28 28 28 28 Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least 2 Mechanically Induced fractured faces, % minimum CP 45 70 74 74 70 Accelerated Moisture Susceptibility Tensile CPL 5109 Strength Ratio (Lottman), minimum Method B 80 80 80 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement, Top Layer PG 64-22 PG 64-22 PG 64-22 PG 64-28 Grade of Asphalt Cement, Layers below Top PG 64-22 PG 64-22 PG 64-22 PG 64-28 Voids in the Mineral Aggregate % CP See Table See Table See Table See Table (VMA) minimum 48 403-2 403-2 403-2 403-2 Voids Filled with Asphalt (VFA), Al MS -2 65-80 65-80 65-80 65-80 Dust to Asphalt Ratio Fine 0.6-1.2 0.6-1.2 0.6-1.2 0.6-1.2 Gradation Coarse Gradation CP 50 0.8 - 1.6 0.8 -1.6 0.8 - 1.6 0.8 — 1.6 Note: Al MS -2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of % inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. BID NO # B1400054 Page 39 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: Hot Mix Asphalt (Grading SX)(Asphalt)( 75 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading S)(Asphalt)( 75 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading G)(Asphalt)( 75 Gyrations )(PG 64-22) Hot Mix Asphalt (Grading SX)(Asphalt)( 75 Gyrations )(PG 64-28) Warm Mix Asphalt (Grading S)(Asphalt)( 75 Gyrations )(PG 64-22) Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. ADD THE FOLLOWING RAP • 85% of course aggregate should have one or more fractured faces. • 80% of course aggregate should have two or more fractured faces. Volumemetrics TABLE 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 37.5 (1%) 11.6 11.7 11.8 25.0 (1) 12.6 12.7 12.8 19.0 (%) 13.6 13.7 13.8 12.5(1,4) 14.6 14.7 14.8 9.5 (%) 15.6 15.7 15.8 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. BID NO # B1400054 Page 40 REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702.1 of the Standard Specifications is hereby revised for this project as follows: Table 702-1 shall remove the following: The Toughness, Joules (inch-lbs and Tenacity, joules (inch-ibs), and Ductility specifications properties will be removed for the PG 64-28 binder. Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO 58-28 58-34 64-22 64-28 70-28 76-28 Test No. Original Binder Properties Flash Point Temp., °C, minimum 230 230 230 230 230 230 T 48 Viscosity at 135 °C, Pa -s, maximum 3 58 3 58 3 64 3 64 3 70 3 76 T 316 T 315 Dynamic shear, Temp. °C, Where G*/Sin S @ 10 rad/s ≥1.00 kPa Ductility, 4 °C (5 cm/min.), cm minimum - - - - " Toughness, joules (inch-ibs) - - - - - - - Tenacity, joules (inch-Ibs) - - - - - - - Acid or Alkali Modification (pass -fail) Pass Pass Pass Pass Pass Pass CP-L 2214 RTFO Residue Properties Mass Loss, percent maximum 1.00 CP-L 2215 Dynamic Shear, Temp. °C, where G*•Sin 6 @ 10 rad/s ≥ 2.20 kPa 58 58 64 64 70 76 T 315 Elastic Recovery, 25 °C, percent min. - _ - - - - - - 50 50 T 301 - Ductility, 4 °C (5 cm/min.), cm minimum PAV residue Properties, aging Temperature 100 °C R 28 Dynamic Shear, Temp. °C, where G*•Sin 3 @ 10 rad/s ≤ 5000 kPa 19 16 25 22 25 28 T 315 Creep Stiffness, @ 60 s, test Temperature in °C -18 -24 -12 -18 -18 -18 T 315 S, Maximum, MPa 300 300 300 300 300 300 T 313 m -vale, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 ** direct tension, temperature in °C, @ 1 mm/min., where failure strain ≥ 1.0% -18 -24 -12 -18 -18 -18 T 314 ** Direct tension measurements are required when needed to show conformance to AASHTO M 320 BID NO # B1400054 Page 41 IF YOU HAVE ANY QUESTIONS PLEASE CALL WELD COUNTY PURCHASING AT 970-336-7225. 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. #B1400054. 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, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. Weld County may require a separate contract, which if required, has been made a part of this RFP. 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: DATE: kIJk Industries— vice, tnc. By: BUSINESS ADDRESS: 1(O (? 1 Colt Btvcl t1ia bcNc\ CITY, STATE, ZIP CODE: GUt417(\ i Co (.1 )\ TELEPHONE NO.: 303' 1IS-- IO7O TAX ID #: SIGNATURE -010W340 FAx:3o3 • q - 0038- E -MAIL: Will lam. Cabana 43,51tskic - uS. con 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 3 -10. BID NO #B1400054 Page 42 { AGENCY CUSTOMER ID: S02583 LOC #: Boston ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MARSH USA. INC. NAMED INSURED AGGREGATE INDUSTRIES MANAGEMENT, INC. AND ITS SUBSIDIARIES 7529 STANDISH PLACE, SUITE 200 ROCKVILLE, MD 20855 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ADDITIONAL NAMED INSUREDS INCLUDE THE FOLLOWING: Aggregate Industries - Northeast Region, Inc. Aggregate Industries - WCR, Inc. Aggregate Industries - MWR, Inc. Aggregate Industries Land Company, inc. Bardon, Inc. dlbfa Aggregate industries - MAR Meyer Material Company, LLC Kost, Inc. Lattimore Materials Carp. Super Concrete Corporafion Tiger Minima, inc. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD G 'mmissioner of Agriculture John Salazar (A) STATE OF COLORADO MEASUREMENT STANDARDS LICENSE Department of Agriculture - Division of Inspection and Consumer Services 3125 Wyandot = Denver, Co 8021 1 * 303-477-4220 1_ 80,001 LBS AND UP (B) 30,001 THRU 80,000 LBS (C) (D) (E) 10,001 THRU 30,000 LBS 1,001 THRU 10,000 LBS 451 THRU 1,000 LBS THIS LICENSE EXPIRES 6/30/2014 76 THRU 450 LBS 4 THRU 75 LBS LESS THAN 4 LBS BELT CONVEYOR IN -MOTION R.R. SCALES (N) AGGREGATE INDUSTRIES 51050 2400 W OXFORD AVE ENGLEWOOD, CO 80110 License Number 318-17624-13 FABRIC METER CORDAGE METER GRAIN MOISTURE METER / PROTEIN ANALYZER MASS FLOW METER Issued: 10/31/2013 License Fees: $200.00 Penalty Fees: $0,00 Total Fees: $200.00 PAID Notice: This license is not transferable ACCORD® CERTIFICATE OF LIABILITY INSURANCE Li.----- DATE(MM/DDP{YYY) 04/03/2013 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 99 HIGH STREET BOSTON, MA 02110 Attn: Boston.Cerirequest@marsh.com Fax 212-948-4377 S02583-Corpo-ALL-13-14 ASPHA CONTACT PHONE ' PHFAx IA/C. No. Exl1: I (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : New Hampshire Insurance Company 23841 INSURED AGGREGATE INDUSTRIES MANAGEMENT, INC. AND ITS SUBSIDIARIES 7529 STANDISH PLACE, SUITE 200 ROCKVILLE, MD 20855 INSURER B: N/A N/A INSURER C : INSURER D : INSURER S : INSURER F : COVERAGES CERTIFICATE NUMBER: NYC -005665758-19 REVISION NUMBER:7 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 NSR S WVD POLICY EFF POLICY EXP POLICY NUMBER LIMITS (MMlO DlYYYV) (MMlDDNYYYI A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 5094586 04/01/2013 04/01/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 MED EXP (Any cne person) $ 50'000 ICLAIMS -MADE [X OCCUR PERSONAL & ADV INJURY $ 2,000,002 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 GENII X AGGREGATE POLICY LIMIT APPLIES JECT PRO PER: LOG $ A A A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED X 5196358 (AOS) 5196359 (MA) 5196360 (VA) 04/01/2013 0410112013 04/01/2013 04/01/2014 04/01/2014 04/01/2014 COMBINED SINGLE LIMIT (Ea accident) 5 3,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTIONS S A A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N NI N /A 033575430 (ADS) 033575432 (MA,ND,OH;NA.WI,WY) 033575431 IL, NH, (UT)E.L. 033575433 (AZ) 04/01/2013 04/01/2O3 04/01/2013 04/01/2013 04/01/2014 04/01/2014 04/01/2014 04/01/2014 X I WCSTATLJ- I IOTH-I TORY LIMITS ER EL. EACH ACCIDENT $ 1,000,000 DISEASE - EA EMPLOYEE 1,000,000 $ E DISEASE - POLICY LIMIT 1,000,000 $ A WORKERS COMPENSATION 033575434 (PA) 04/01/2013 04/01/2014 DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: WCR 74 MILL AND OVERLAY / FEDERAL AID PROJECT NO. ES4 C030-0351 CONSTRUCTION PROJECT CODE NO. 17325 WELD COUNTY AND THE COL ORADO DEPARTMENT OF TRANSPORTATION ARE INCLUDED A S ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT SOLELY WITH RESPECT TO THE OPERATIONS AND ACTIVITIES OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION WELD COUNTY P.O. BOX 758 1111 H. STREET GREELEY, CO 80632 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED fN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. pp Sarah A. Stevenson -<4, a. ..de,.............„ o c,v ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SAMPLE BID BOND Hot and, Warm Mix Asphalt ! Asphalt Supply 2014 KNOW ALL MEN BY THESE PRESENTS, that Aggregate Industries - WCR, Inc. as Principal, and Western Surety Company as Surety, are hereby held and firmly bound unto. Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Greatest Amount Bid Dollars ($ 5% G.A.B.************* ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 4, 2014, for the Hot and Warm Mix Asphalt I Asphalt Supply 2014 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the. Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 19th day of February , 2014, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. ', Principal Aggre 'ate lriau Address 1687 Cole Blvd. Ste. 300 ATTEST: Golden, CO 80401 ATTEST: By:` :11 (1-LX\4/1:01\10/3.— Vanessa Dominguez, Witness as to Surer)) BID NO # B1400054 Page 17 Lupe Tyler/ ttorney-int Surety Weste n Surety Company Address 333 South Wabash Avenue Floor 22 Chicago, IL 60604 INSTRUCTIONS 1.1 The full firm name and residence of each individual party to the bond must be inserted in the first Paragraph. 1.2 If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. 1.3 The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. 1.4 Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. 1.5 A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO #B1400054 Page 18 vvesrern surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lupe Tyler, Lisa Ward, Wendy W Stuckey, Margaret Buboltz, Michael J Herrod, Roger Siniddy, Nancy A Thomas, Jennifer Copeland, Donna Williams, Individually of Houston, TX, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to. the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of March, 2013. WESTERN SURETY COMPANY State of South Dakota County of Minnehaha } SS nre aul T. Bruflat, Vice President On this 4th day of March, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23,2015 J. MOHR NOTARY PUBLIC SOUTH DAKOTA .- { CERTIFICATE J. Mohr, Notary Public 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporatio pAnted,on the reverse hereof is still in force. sIn testimon whey I have hereunto subscribed my name and affixed the seal of the said corporation this e4 day of 't / '..L`1 1` L C ,f ,vcaa �°s =.lam i467If DOS Form F4280-7-2012 WESTERN SURETY COMPANY 2414142.71"..j L Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize.. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. MEMORANDUM TO: Weld County Board of Commissioners DATE: 3/7/14 FROM: Neal Bowers, Pavement Management Supervisor SUBJECT: Bid Recommendation for #B1400054 Hot and Warm Mix Asphalt / Asphalt Supply 2014 On February 25, 2014, the bids for Hot and Warm Mix Asphalt Supply were open. The Public Works Department recommends that the bid be awarded, as listed below, based on unit prices and quantities. The cost below does not exceed the 2014 budget for maintenance overlays, low volume roads, and BOCC approved HARP road projects. Lowest bid for the North material supply was submitted by Martin Marietta Materials Inc. The Public Works Department has purchased asphalt materials from the low bidder on numerous occasions with satisfactory results, and recommends Martin Marietta Materials Inc. be awarded the bid for the North materials supply and part of the South material supply (Grading "SX" Polymer). Unit prices are shown in attached summary. Martin Marietta Materials Inc. North plant is located at N. 35th Ave, Greeley South plant is located at Pecos St, North Denver North Supply Vendor Martin Marietta Materials Inc. Greeley Plant Grading "S" 68,650 tons @ $43.00 = Grading "G" 18,725 tons @ $43.00 = Emulsified Asphalt 40,000 Gallons @ $3.60 = $ 2,951,950.00 $ 805,175.00 $ 144,000.00 South Supply Vendor Martin Marietta Materials Inc. Pecos St, North Denver Plant Grading "SX" (polymer) 14,950 tons @ $40.75 = $ 609,212.50 Martin Marietta Materials Inc. Total $ 4,510,337.50 The lowest bid for the South materials supply was submitted by Aggregate Industries. The Public Works Department has purchased asphalt materials from the low bidder on numerous occasions with satisfactory results, and recommends Aggregate Industries be awarded the bid for the rest of South material supply. Unit prices are shown in attached summary. aD/f� DS2D Aggregate Industries South plants is located at WCR 20.5 Longmont and 78th Ave, Commerce City South Supply Vendor Aggregate Industries Longmont Plant Grading "S" 22,445 tons @ $37.00 = Grading "G" 2,000 tons @ $38.00 = Aggregate Industries Commerce City Plant Grading "S" 2,200 tons @ $36.50 = Grading "G" 14,000 tons @ $34.00 = $ 830,465.00 $ 76,000.00 $ 80,300.00 $ 476,000.00 Aggregate Industries Total $ 1,462,765.00 North & South Asphalt Supply Total $ 5,973,102.50 0 ° LOM F_ m M Ce N M 7 m N s 0 OinE12 ❑0 -=in J 0 m m C W LOE E O W W a LL w N U'd=NN V1 O 00 a 2 O m 2 w# 0 3 0 N O U a '‘I" r J W re Z> z O Ow a K N W >- 00 W0 et Ill 5Q cu 0cr I- d'U) Z 08 0 OZ v 2 0 I w d La - N vYOW 2-o a LL 0 � N Na(/) Nr u- W n, r Ct N c }I-uJ0 Q2 L. 2d DO CO QQCO Cre C 0 2=QJ w v mO.U)!aL f wQ ao W &j Li. oujI a 4I -Q d0 z cc0 m W m 0 J I— U () � .. H Ow wow F —O azwn�. o2 omaa BID SCHEDULE Qa M N N CO cn O 0 2 co co w co cn z Z Z Z Z J 0 J 0 J J O 0 0 0 0 la. m LL I~L i LL c LL m m 0 I m I m I m 1 O m 02 02 a Oz 02 z 10 v . coo 10 64- Ea fa ta 69 W W W W W Z Z Z 2 Z Ir OWOctW W OOOOW IZ W IZ W m w CC W CC w 0 ILO ILL❑ ILLO 4.0 4.0 5 I I I I I I I I I I 0 00 00 00 00 00 Z 0 0 cn co 0 0 0 0 cn ,n Ga Ea 64 0903 0969 •�69 WZ wz Wz WZ WZ 00 00 00 00 00 I I I I I I I I I I 0 ,n 0 0 0 ,n o v1 0 ,n on 0 L or ON on ai ai CON c+ico No .4: r--: ar) .4- ea -4- co cna aM va va ca va coca tats La F >_. F 0 U 5 0 0 W F w ooat oc Oi Oi oat 2 w 2w 5 z2 22 z 2 2 z2 z2 00 00 00_i 0 00 00 I I I, I, I I I I o,n o0 00 00 00 Pb ocn CO ,o0 00 Ea69 6303 en a» ea ea69 $3.60 - GREELEY N N co O O o to O co o Om U Ir00 WZ OwWO pO O2LUO2 Z0WUW2 Z 0 W W' to N OJ CJ�Z LL t[ — cc a Ncc cg O)ZS U roj0 0oE az 0Wc�a3Z0 N r Zaat 1Oco ) c mo Nu) CC')tO�O7cc Q 1 1 }} 1 1 } 1 1 1 0 HI-HHI-I-H Z 2222222 0 0 0 0 0 00 0 0000 0 0 U 000000 2 2 2 2 2 2 I-NFFI—ZDCCDCCDCC H H >-0000000 20)2(0202 N co O 0 U at H Z 0 a=2 a22 �d O K0 00 00 S o13 .2 o 00 ,-:-;-2W 2fn 000 c,00 (� I Z CO M r I Co I I N 2 co 12 N O Z 0 0 O 0 co O O O N O O F O 00 NccL0 NOa CII NN a 00 QJ NI"I. r a N r A N N 2 � r I a I r to 1 CO I X l r i m O CO mz (9z mz LU y 02 <0 O 0 00 00 00 CO O5 0 00 00 0 2 0 K J0 Q PLANT SITES: AGGREGATE INDUSTRIES: MARTIN MARIETTA: CONNELL RESOURCES: W 5 H U) 2 F N C OD W H CD z W_ W 0 C) m Hello