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Home My WebLink About20150697.tiff ��. i861��.� MEMORANDUM � `�� TO: Clerk to the Board DATE: February 17, 2016 ��_uN .� �, � .,G O,_ FROM: Neal Bowers, Public Works Department SUBJECT: Agenda Item �BI�f,�0� RE: doc #2015-0697 2016 Hot and Warm Mix Asphalt Supply (South County only) Contract Agreement Extension/Renewal with Asphalt Specialties Co., Inc. Enclosures R E C E I V E D FEB f 8 2QtG WELD COUNTY COMMISSIONERS `; i�` M��Francie\AGENDA memos�Agenda-Neal.doc � � „ � . � . � _' .,:..=.�. . ._,.-..� �.-��, � . .: � � . . .. . . ,':",�_. . ..- . " .. � . � . � . . .. . ' • . C�� "�CN� �c � � ��- �� ,� .��_ ,� � � °� �� 00 7,� a -a L-�� BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: 2016 Hot and Warm Mix Asphalt Supply (South County Only) DEPARTMENT: Public Works DATE: 2/4/2016 PERSON REQUESTING: Neal Bowers, Public Works Brief description of the problem/issue: The original agreement for Hot and Warm Mix Asphalt Supply 2015 (South County Only) can be extended from April 1, 2016, to March 31, 2017, as permitted by the contract. This extension would be the second year of a possible three year contract. Asphalt Specialties Co. Inc. (asphalt supply south) 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 Asphalt Specialties Co. Inc. contract for Hot and Warm Mix Asphalt Supply (south county only). Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno M:IFORMS\Woi kSession-passeround2016 doc Approve Schedule Recommendation Work Session Other/Comments: CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ASPHALT SPECIALTIES CO. INC. This Agreement Extension/Renewal ("Renewal"), made and entered Into 4 day of Etizaar410jA, 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 Asphalt Specialties Co. Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") Identified by the Weld County Clerk to the Board of County Commissioners as document No.2015.0697 approved on April 29. 2015. 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. 2016. • The parties agree to extend the Original Agreement for an additional 365 day period, which will begin April 2, 2016, and will end on March 31. 2017. The Renewal, together with the Original Agreement, constitutes the entire undemanding between the parties. The following change is hereby made to the Contract Documents: 1. The 2015 Bid Schedule of the Original Agreement shall be replaced by the attached 2016 Bid Schedule, which is Incorporated herein. 2. The original contract price, shall be modified to no more than $2,873,395.00 for the 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: ''II i►i&l U.). ttunr Signature ATTEST: c+ `" Jteh9;K WeldC. ,,-rktotheBoard APPRO AS TO F M: County Attorney iv 441 - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Director of General Services coi5-o 6q7 BID SUMMARY Hot And Warm Mix Asphalt / Asphalt Supply 2016 (South County) Asphalt Specialties Co. Inc. Each contractor is required to submit a bid based on the listed 2016 quantities. 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 $2,873,395.00 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 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. #B1500056. 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. 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 AspAkri Spee IAA - es O.) TtNc BUSINESS ADDRESS /Olt O bf-(()45 CITY, STATE, ZIP CODE aib San Fi062 `� b TELEPHONE NO. �D3'ZtC1• 555 FAX NO. 30 3* Zift ?747 TAXPAYER I.D. # $'7 ' I i914toci BY: )Asii I (4 t, rt TITLE : 9O -`J DATE: 2-/3/ I to WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF EXEMPTION NO. 98-03551; BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2016 (South County) 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 #1 ITEM ITEM QUANTITY UNIT BID CONTRACT PRICE PLANT # PRICE LOCATION PER UNIT 403.00 HOT MIX ASPHALT GRADING-SX (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 % RAP) SOUTH 0 TON 43.50 $0.00 Firestone & Huron 403.00 HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 26,275 TON 40.00 $1,051,000.00 Firestone 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 25,000 TON 37.50 $937,500.00 Firestone 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) SOUTH 19,030 TON 46.50 $884,895.00 Firestone 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) SOUTH 0 TON 41.50 $0.00 Firestone & Huron Bond No. 3341335 Surrt.r vui'thKACs son u KNOW ALL MEN 13V THESE PRESENTS, That, Asphalt 'Specialties Co., Inc. ea . in Me aumaw .m.aas . rqa bard a;pwel 10100Dallas Street, Henderson. CO 80640 as Principal, (hereinafter called the Supplier), .rxi Great American Insurance Company r sNM saw en . hod a& of lord!) 301 E. Fourth Street, Cincinnati, OH 45202 as Surety. (hereinafter called Surety), are held and firmly bound unto Weld County, Colorado 1111 H Street, Greeley, CO 80632 ParYart W ape ad Ways. Fya Dr diMWysr) as Obligee, (hereinafter called the Buyer), in the Just and full stun of Two Million Eight Hundred Seventy Three Thousand Three Hundred' Dollrsfi2 873,395.00---- 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. WHEiEAS, the Supplier has entered into a certain written contact with the Buyer dated February 4, Zo 16 to furnish the following briefly described supplies 1 Request No. #81500056, Hot And Warm Mix Asphalt/Asphalt Supply 2016 (South County) Document No. 2015-0697. 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 full 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 tune(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 turns right of recovery hereunder, that in event of any default on the part of the Supplier, a written statement of the plink -War facia shwa utg the state and nature of such default shall be immediately delivered to the Surety'by certified mail at its Home Office in L,lnclnnatl. unto AND PROVIDED FURTHER that no action suit or proceeding shall be had or maintained against the Surety on this instrument lathe same be brought or instituted and process served upon the Surety on or before the later of the following a t 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 oonuact. IN WETNESS W h EREOF, the said Supplier and Surety have signed and sealed this instrument this ths10th de„of February?r, 16 Aspialtie Co., In Great American Insurance Company ()SP (AMsaraCarvw Tv.. d.trm.yram, Florietta Acosta, Attorney -In -Fact *Ninety Five & 00/100 CORPORATE SEAL 1992 /' BID REQUEST #61500056 Page 25 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No.0 14957 POWER OF ATTORNEY KNOW ALL MEN B\ THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY a corporation organized and existing under and by virtue of the lases of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below- each individually if more than one is named. its true and lawful attorney -in -fact. for it and in its name, place and stead to execute on behalf of the said Company. as surety, any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated belcnt. DON APPLEBY TODD D. BENGFORD FLORIETTA ACOSTA Name SARAH C. BROWN MARK SWEIGART SUSAN J. LATTARULO Address ALL OF GREENWOOD VILLAGE. COLORADO Limit of Pother ALL $100,000,000.00 This Power of Attorney revokes all previous potters issued on behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5TH day of NOVEMBER 2015 Attest GREALAMERICAN INSURANCE COMPANY (O44)4.1e 1644 Ascrl¢nn \'c rerori I hrnumut .Sono, tic Prevdent STATE OF O111O, COUNTY OF' IAMICTON - ss: DAVID C. KITCHIN ten -an -2405? On this 5TH day of NOVEMBER . 2015 . before me personally appeared DAVID C. KITCHIN. to me known. being duly sworn. deposes and says that he resides in Cincinnati. Ohio. that he is a Divisional Senior Vice President of the Bond Di% ision of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Lasts of said Company. and that he signed his name thereto by like authority. &sank Kohcat Nobly Publk 3ii dOhio Ooh IIiw EgkesC641DZ0 ,Se-ocl-- dihttay This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9. 2008. RESOL I'ED. That the Divisional President, the several Divisional Senior lice Presidents. Divisional lice Presidents and Divisonal Assistant lice Presidents. or ant' one of them. be and hereby is authorced. from lime to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company as surety any and all bonds. undertakings and contracts of -suretyship. or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any tine. RESOLl'ED H R/HER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond under -taking, contract of .sIle 0 /hip. or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of.ruch officer and the original seal of the Company, to he valid and binding upon the ('ompanv with the same force and effect as though manually affixed. CERTIFICATION I. STEPHEN C'. BERAI IA. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this / .. day of t t` S1029AF (06/15) Client#: 33298 ASPSPEPC ACORD.,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 2/09/2016 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 Holmes Murphy -Colorado 7600 East Orchard Rd, Ste 330 South Greenwood Village, CO 80111 INSURED Asphalt Specialties Co., Inc. 10100 Dallas St. Henderson, CO 80640 CONTACT NAME:PHOE —_ (A/CC,NNo, Ext)) 515 223-6800 (NC, No) E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company 24139 INSURER B: Great American Insurance Compan 16691 INSURER CIllinois Union Insurance Compan 27960 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDLSUBR POLICY EFF ; POLICY EXP i LIMITS LTRW ._- TYPE OF INSURANCE 11NSR VD4 POLICY NUMBER -(MM/DD/YYYYI;(MM/DD/1Y(YY�j A GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY --7 CLAIMS -MADE Al OCCUR GEN'L AGGREGATE LIMIT APPLIES PER T POLICY i. X; ACT ' ` LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS I HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS XI UMBRELLA LIAB X ' OCCUR EXCESS LIAB I' CLAIMS -MADE j DED X1 RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / ANY PROPRIETOR/PARTNER/EXECUTIVEL7 OFFICER/MEMBER EXCLUDED? I N 1 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C Pollution X ; X A1CG09501500 04/01/2015104/01/201EACH OCCURRENCE $2,000,000 X X N/A 1 A1CA09501500 X TUU425707700 X iA1CW09501500 CPMG27418351001 DAMAGE T RENTED $100,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 l PERSONAL &ADV INJURY � $ 2,000,000 G GENERAL AGGREGATE $4,000,000 i PRODUCTS - COMP/OPAGG I $41000,000 __ ' Max Project I $10 000,000 04/01/2015'04/01/2016 EOMBINED SINGLE LIMIT ( $1,000,000 ,..(. -aacodent '.. BODILY INJURY (Per person) $ i BODILY INJURY (Per accident) 1 $ PROPERTY DAMAGE g -- --- — Per accidentT_ 04/01/2015 04/01/2015 04/01/2015 04/01/2010 EACH OCCURRENCEI $5,000,000 AGGREGATE ;$5,000,000 $ WC STATU- rOTH-- 04/01/2016 X 'TORYLIMIIS ,ER_ !F_EL EACH ACCIDENT $1,000,000 L. DISEASE_ EA EMPLOYEEL$1,-000,000 E L. DISEASE -POLICY LIMIT 1$1,000,000 04/01/20161,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REF: 2016 Weld County Asphalt Supply Weld County Public Works is included as an Additional Insured as respects to General Liability, Auto Liability and Pollution Liability. Waiver of Subrogation applies in favor of Weld County Public Works with respects to General Liability, Auto Liability and Workers Compensation as permitted by law. Umbrella Follows Form. CERTIFICATE HOLDER CANCELLATION Weld County Public Works Division of Pavement Management 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 ACORD 25 (2010/05) 1 of 1 1fC1 R17Qg/IU1'lR7dq © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LINR1 POLICY NUMBER: A-1 CA -095015-00 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ASPHALT SPECIALTIES CO., INC. Endorsement Effective Date:04-01-15 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): As required by written contract: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Asphalt Specialties Co., Inc. Policy Number Al CG09501500 Endorsement No. Policy Period to Endorsement Effective Date: Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE CG EN GN 0029 09 06 DATE MEMORANDUM I O: Clerk to the Board DATE: April 24, 2015 FROM: Neal Bowers, Public Works Department SUBJECT: Agenda Item RE: Bid # B1500056 Hot & Warm Mix Asphalt / Asphalt Supply 2015 (South County) • Agreement for Materials or Equipment with Asphalt Specialties Co. Inc. dated April 17, 2015. • Exhibit A, Bid Documents • Exhibit B, Notice of Award Enclosures u- g9-ao65 e: Y Kr%'t3) aoIs- awe &27 007 a WELD COUNTY AGREEMENT FOR MATERIALS OR EQUIPMENT BETWEEN WELD COUNTY & ASPHALT SPECIALTIES CO. INC. THIS AGREEMENT is made and entered into this /774day of April, 2015, 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 Asphalt Specialties Co Inc, [a corporation], who whose address is 10100 Dallas Street, Henderson CO 80640, hereinafter referred to as "Contractor". WHEREAS, Weld County wishes to purchase Hot & Warm Mix Asphalt/Asphalt Supply 2015 (South County only) WIIEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1500056". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit B which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A & B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall he compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the delivery or installation of the material or equipment and County's acceptance of the same, County agrees to pay an amount no greater than $1,182,437.50, which is the bid set forth in Exhibit B . Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B . Contactor acknowledges that any work it performs or materials or equipment it supplies beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the material, service or equipment for which payment was made did not perform as sct forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit _A provide proof thereof when requested to do so by County. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may he withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. The Contractor warrants that materials, equipment, and services covered under this Agreement will meet the standards governing such materials, equipment, and services and the provisions of this Agreement. The Contractor further represents and warrants that all materials, equipment, and services shall be performed and delivered by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all materials, equipment, and services will conform to applicable specifications. The Contractor warrants that the goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and the goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The Contractor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the Contractor, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: detailed equipment specifications to include the warranty and descriptive literature. Service Calls in the First One Year Period: The Contractor shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the materials, equipment, or service completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 14. Insurance and Indemnification. General Requirements: Contractors must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating that the County will be notified of any reduction, loss, or modification to coverage. Such notice shall be sent to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor. Contractor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as fol lows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor. Contractor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Asphalt Specialties CO. Inc. Attn.: President, Daniel W. Hunt Address: 10100 Dallas Street Address: Henderson, Co 80640 E-mail: 90.fif5Q Asphalt' 5pee1i4-I41 s .Corn Facsimile: 303-289-7707 County: Name: Neal Bowers Position: Pavement Management Supervisor Address: 1111 II Street Address: Greeley, CO 80632 E-mail: NBowers@co.weld.co.us Facsimile: 970-304-6497 19. 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. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Attorneys Fees/Leval 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. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 7frtIN WITNESS WHEREOF, the parties hereto have signed this Agreement this /7 day of kli , 2015. CONTRACTOR As55eci//Tits' CS., Tye - By: \p \ \L\ Name. )E [U. f/rcn? Title: 1,04.r u f:4r Date NANCY HERBSTREITH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104047503 MY COMMISSION EXPIRES NOVEMBER V, 2018 % WELD COUNTY: - ATTEST: [ld��+�' Jde4 ; c1 Weld C. ty Clerk to the Bo. d BY: Deputy Cle SOVED AS �XXCll1 Controller 2 9 2015 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLQRADO hat AP SUBSTANCE: Elt ecl iTI1cial or Department Head �w- Director of ral Services o2ois-b697 EXHIBIT A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 20, 2015 BID NUMBER: B1500056 DESCRIPTION: Hot and Warm Mix Asphalt / Asphalt Supply 2015 (South County only) DEPARTMENT: Pubic Works BID OPENING DATE: March 13, 2015 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County'), wishes to purchase the following: Hot and Warm Mix Asphalt / Asphalt Supply 2015 South County Only (w/possible two, 1-yr renewals) Department of Public Works Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: (10:00 an March 13, 2015, (Weld County Purchasing Time Clock) PAGES 3 - 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3-11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http.//www.co.weld co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of 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. Did Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submiUmail 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 or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. BID REQUEST #B1500056 Page 3 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms, The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, 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 RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8- 17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the BID REQUEST #61500056 Page 4 contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. BID REQUEST #61500056 Page 5 G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. 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. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the BID REQUEST #61500056 Page 6 minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim there under, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments BID REQUEST #B1500056 Page 7 made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non- payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. BID REQUEST #61500056 Page 8 Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81500056 Page 9 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 bid. ❑ Acknowledgement of bid documents (page 10) ❑ Bid Schedule/Summary (pages 13-15) ❑ Receipt of addenda(s), if any, should be signed. (page 16) ❑ Bid Bond (Pages 17-18) L7 W-9 (page 19) ❑ 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. (Contractor) Dated this day of , 20 By: Title: BID REQUEST #B1500056 Page 10 Purpose Weld County is soliciting bids to supply Weld County with Hot and warm Mix asphalt for 2015 (South County). More than one vendor may be selected for this contract. General Conditions and Information 1. Bid Schedule # 1 Weld County will not supply any material for this project. 2. Bid Schedule # 2 Weld County will supply 15,000 tons of millings (RAP). The bidder will give a price per ton for asphalt; the successful bidder will load and haul all millings supplied by Weld County from different locations with a mileage limit of 75 mile radius from 1111 H street, Greeley Co. The successful bidder will supply Weld County with weight tickets for each load of millings. All millings must be hauled by 11/15/15. Bidders must indicate the location of their mixing plant. 4. 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. 5. The Materials Agreement shall continue in full force until March 31, 2016, with possible two, 1 year renewals. 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 adjustment will not be implemented without final approval from Weld County. 6. 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. 7. 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. 8. Payment shall be made according to the bid prices per ton times the tons of material supplied as determined by scale tickets from the 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. 9. 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. 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 will be required to supply as much as 300 ton per hour to Weld County when requested. 12. 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. 13. Weld County requires that hot mix asphalt be supplied from the first of March to the end of November, weather permitting. BID REQUEST#B1500056 Page 11 Schedule Advertisement: Published: Greeley Tribune Proposals Due to Purchasing: Proposal Accepted by BOCC: February 20, 2015 March 13, 2015 March 30, 2015 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 The Materials Agreement shall commence approximately March 2015 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. The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) BID REQUEST #B1500056 Page 12 INDEX PROJECT SPECIAL PROVISIONS Index 27 Revision of Section 104, Scope of Work 28 Revision of Section 105, Claims for Contract Adjustment 29 Revision of Section 105, Conformity to the Contract of 30 Superpave Performance Graded Binders Revision of Section 403, Hot Mix Asphalt 31-32 Revision of Section 702, Bituminous Materials 33 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 Conformity to the contract of Superpave Performance Graded Binders Section 105.22 Dispute Resolution Section 106.01 Source of Supply and Quality Requirements Section 106.02 Material Sources Section 106.03 Samples, Tests, Cited Specifications Section 106.07 Plant Inspections Section 106.08 Storage Materials Section 106.09 Hauling Materials Section 107.01 Laws to be Observed Section 109.01 Measurement of Quantities Section 401.01 Description (Plant Mix Pavements) Section 401.02 Composite of Mixtures Section 401.03 Aggregates Section 401.04 Filler Section 401.05 Hydrated Lime Section 401.06 Asphalt Cements Section 401.08 Bituminous Mixing Plant Section 401.09 Hauling Equipment Section 401.13 Preparation of Asphalt Cements Section 401.14 Preparation of Aggregates Section 401.15 Mixing Section 401.21 Method of Measurement Section 702.01 Asphalt Cement Section 703.04 Aggregate for Hot Plant Mix Bituminous Pavement Section 703.06 Filler Section 712.03 Hydrated Lime BID REQUEST #61500056 Page 27 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 2n° paragraph starting with "If the alterations" to 3th paragraph subsection (1) ending with "proposed construction" and revise subsection (2) with Approximate quantities to be purchased from all vendors are stated for 2015. Estimated quantities are provided for 2016 through 2017. Estimated quantities will be provided to the successful bidder(s) upon the completion of Weld County's Maintenance and Capital Programs for 2016 through 2017. Weld County reserves the right to increase or decrease the quantities up to twenty-five percent (25%) of the total bid as best fits its needs. BID REQUEST #81500056 Page 28 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.17 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.17 except that all claim reviews will be handled by Weld County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Weld County Public Works. District Engineer shall mean the Weld County Public Works Department or its duly authorized representative. Chief Engineer shall mean the Weld County Public Works Department or its duly authorized representative. For this project the Weld County Duly Authorized Representatives are: Project Manager: Neal Bowers, Pavement Management Supervisor Project Engineer: Don Dunker, County Engineer Project Inspector: Josh Holbrook, Inspection Supervisor BID REQUEST #61500056 Page 29 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*sin (delta) of RTFO Residue Slope (m -value) of the Creep Curve at 2.20 Min 1.87 Min < 1.53 Low Grade 0.300 Min 0.295 Min < 0.266 Temperature + 10° C. Stiffness of the PAV Residue at Low Grade Temperature + 10° C, (Mpa) 300 Max 311 Max >355 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 REQUEST #61500056 Page 30 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): CPL 5115 75 75 75 75 N (design) 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 PG 64-22 PG 64-22 PG 64-22 PG 64-28 Top Voids in the Mineral See Table See Table See Table See Table Aggregate (VMA) % minimum CP 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 0.6 — 1.2 0.6 — 1.2 0.6 — 1.2 0.6 — 1.2 Fine Gradation Coarse Gradation CP 50 as - 1.6 0.8 — 1.6 0.8 — 1.6 0.8 — 1.6 Note: Al MS -2 = Aspha t 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. Al 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 REQUEST#61500056 Page 31 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 (11,4) 11.6 11.7 11.8 25.0 (1) 12.6 12.7 12.8 19.0 (3/<) 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 REQUEST#B1500056 Page 32 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 Test No. 58-28 58-34 64-22 64-28 70-28 76-28 Original Binder Properties Flash Point Temp., °C, minimum 230 230 230 230 230 230 T 48 Viscosity at 135 °C, Pas, maximum 3 3 3 3 3 3 T 316 Dynamic shear, Temp. °C, Where G*/Sin ii @ 10 rad/s 58 58 64 64 70 76 T 315 ≥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 b @ 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 REQUEST #B1500056 Page 33 EXHIBIT B NOTICE OF AWARD Hot And Warm Mix Asphalt / Asphalt Supply 2015 (South County) To: Asphalt Specialties Co. Inc. 10100 Dallas Street Henderson CO 80640 Project Description: (South County) Hot And Warm Mix Asphalt / Asphalt Supply 2015 / "South County" The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2015, 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 $ 1,182,437.50 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish Certificates of Insurance 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 30 day of March , 2015 Weldd/} CCounty, Col ado, Owner By 4,61 / Mt — Neal Bowers Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by PiA /E/ El. G/rc7 At -f r r sFr�r,/ff� Date` is MOA-1 pl+ti / (Contract,oQr) day of Title: kbOi:<lT , 20 15 BID PROPOSAL Hot And Warm Mix Asphalt / Asphalt Supply 2015 (South County) 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 #1 ITEM ITEM QUANTITY UNIT BID CONTRACT PRICE PLANT # PRICE LOCATION PER UNIT 403.00 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-22) (30 °/0 RAP) SOUTH 0 TON 43.50 $ 0.00 Firestone & Huron HOT MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 20125 TON 40.00 $ 805,000.000 r'irester.e 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 5725 TON 37.50 $ 214,687.50 Firestone 403.00 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20')/0 RAP WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) SOUTH 3500 TON TON 46.50 $ 162,750.00 Firestone SOUTH 0 41.50 $ 0.00 Firestone & Huron BID SUMMARY Hot And Warm Mix Asphalt / Asphalt Supply 2015 (South County) Each contractor is required to submit a bid based on the listed 2015 quantities. 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 $ 1,182,437.50 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 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. #61500056. 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. 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 45M 4.IT 51Q{'/MI-iks U�•; -LAC BUSINESS ADDRESS /0/00 124-11A5 57;er CITY, STATE, ZIP CODE i-l•itA 50/1/4/ C(% 6"Va TELEPHONE NO. ,J,3) 2&1 • e%.45 -FAX NO. 593)ZS9. 7707 TAXPAYER I.D. # ,13.V-//974/69 BY: �f/A//C�� /6g. //eGr/% TITLE : I" i..P,<16alti/ri DATE: //j.iP(!i( 3c, 7:&/_< WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF EXEMPTION NO. 98-03551; BID SCHEDULE #2 (with supplied millings) 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) SOUTH 1000 TON 4-70.0 �1aOO S0.wc, ac abn�c 403.00 HOT MIX ASPHALT (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 21600 TON '3zfl y al`13,aan a'"`.e °rs anooc 403.00 HOT MIX ASPHALT (GRADING -G) (ASPHALT)(75) (PG -64-22) (30% RAP) SOUTH 5725 TON 1O �V oaic,'no Su,,,..e as O,\,6“....e._ 403.00 HOT MIX ASPHALT (GRADING-SX) (ASPHALT)(75) (PG -64-28) (20% RAP) SOUTH 5150 TON an Co aSQ,S3O Sa.t+.a as. a5n •c 403.00 WARM MIX ASPHALT (GRADING -S) (ASPHALT)(75) (PG 64-22) (30% RAP) SOUTH 1000 TON 0.S'° ycaoco Sc.w! '..S 6000 (Pc BID REQUEST #B1500056 Page 14 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) 04/01/2015 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). PRODUCERwillie of Colorado, Inc. c/0 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA INSURED Asphalt Specialties Co., Inc. Attn: Elizabeth Claflin 10100 Dallas St Henderson, CO 80640 CONTACT NAME: PHONE (AM No Exf:l-877=945-7378 SID, No):1_888-469_2378 EMAIL ADDRESS: certificatesnwill ie.com INSURER(s) AF FORDING COVERAGE INSURER A:Old Republic General Insurance Corporation INSURER B:Great American Insurance Cpsnpany _. INSURER C:Illinois Union Insurance Company INSURER D : INSURER E : INSURER F FAX I NAIC I 24139 16691 27960 •W839274 REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS INSR - LTR TYPE OF INSURANCE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ANY REQUIREMENT, TERM OR CONDITION OF ANY OR MAY PERTAIN, THE INSURANCE AFFORDED BY OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN - ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, REDUCED BY PAID CLAIMS. POLICYEFF POLICY EXP I LIMITS IMMIDDIYYYY) (MMIDDIYYYY) �' IADDL SUBRI INSD' WW2 POLICY NUMBER A X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XOCCUR GENT AGGREGATE LIMIT APPLIES PER. POLICY x jECT X LOC OTHER. AlCG09501500 104/01/2015(104/01/2016 I !. EACH OCCURRENCE $ 2,000,000 DAMAGE TRENTED PREMISES (Ea occurrence) I$ 100,000 ( rs10,000 MED EXP (Any One peon) 11 $ PERSONAL8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 11 PRODUCTS - COMP/OPAGG $ 4,000,000 IPer Project Agg Max $ 10,000,000 A AUTOMOBILE LIABILITY X I ANY AUTO I ALL OWNED SCHEDULED II AUTOS I AUTOS ' NON -OWNED I HIRED AUTOS AUTOS Y A1CA09501500 04/01/2015 COMBINED SINGLE LIMIT $ 1,000,000 ;, (Ea accident) BODILY INJURY (Per person) $ 04/01/2016 BODILY INJURY (Pe accident) $ PROPERTY DAMAGE $ (Per accident) __. X UMBRELLALIAB EXCESS LIAB DED X RETENTION X OCCUR CLAIMS -MADE $10, 000 TUU 4257077 00 EACH OCCURRENCE $ _._5,000,000 104/01/2015104/01/2016 AGGREGATE $ 5,000,000 Prods/Comp Ops Agg $ 5,000,000 A WORKERS COMPENSATION IANDEMPLOYERS'LIABILITY YIN I ANY CEOMEMBER/EXCLUDEJEXECUTIVE I (Ma datoryin H)E%GLUDED? N "I(fyes.dorybeund If es describe under DESCRIPTION OF OPERATIONS below 'NIA( y I A1CW09501500 04/01/2015 X PER OTH- STATUTE I ER 4 EL. EACH ACCIDENT $ 1,000,000 04/Ol/201fiI E --t IEL.DISEASE- EAEMPLOVEE$ 1,000,000 ;El. DISEASE -POLICY LIMIT I,$ 1,000,000 C Contractors Pollution Y I CPM G27418351 001 1.04/01/2015.04/01/2016 Per Incident: $1,000,000 Aggregate: $1,000,000 I SIR: $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Not and Warm Mix Asphalt / Asphalt Supply 2015 (South County) Weld County Public Works is included as an Additional Insured an respects to General Liability, Auto Liability and Pollution Liability. Waiver of Subrogation applies in favor of Weld County Public Works with respects to General Liability, Auto Liability and Workers Compensation as CANCELLATION Weld County Public Works Division of Pavement Management 1111 M Street P.O. 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 y�, e/A2a l/r. �'VJ © 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SR 20:8850913 BATCH:Batch S: 128154 AGENCY CUSTOMER ID: LOC #: ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis of Colorado, Inc. NAMED INSURED Asphalt Specialties Co., Inc. POLICY NUM BER Attn: Elizabeth Claflin See Page 1 10100 Dallas St Henderson, CO 80640 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance permitted by law. umbrella Follows Form. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 8850913 Bach a: 128154 W839274 POLICY NUMBER: Al CG09501500 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: Al CG09501500 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 O POLICY NUMBER: A1CA09501500 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Asphalt Specialties Co., Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): As required by written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Al C W09501500 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Bond No. 1827730 aUrra e,Nf'Istwt:l UUNU HOW ALL si pitswrs, That, v.AS.Ehalt 10100 Dallas Street, Henderson, CO 80640 as Principal, (hereinafter called the Supplier),and Great Ammrie r� Jr,55t rance Company erra.eth�.sea,r .r. .. , 301 E Fourth Street. Cincinnati. OH 452n2 Ls Surety, (hereinafter culled Surety). are held and firmly bound unto Weld County Colorado. pen reuse eauSeHaraer aaeghraapi 1111 H Street. Greeley. CO 8063? to Obligee, thereinafter tolled the Buyer),in the just and full turnof Une Million One Hundred Eighty Two Thousand Four Hundred Thirty Seven and 50/100 roti.fs1,182.437,50 for the payment of which► on, well end truly to be made, the said Supplier and Surety bind themselves, and their respective bees, administrator's, executor, tucceuor and 'emigres, jointly and severally firmly by these gement:. WHEREAS, the Supplierhas entered into a certain written contract with the Buyer dated It furnish the followeng briefly deecribedsuppliea: 2U, Project No. B1500056, Hot and Warm Mix Asphalt/Asphalt Supply 2015 (South County) which contract is hes eby referred to and mad* a pert hereof as fully and to the same extent as if copied at length herein. NOW, IIIEREFORB, THE CONDITION OF THIS OBLIGATION is inch that, if the said Supplier shall fully Indemnify and reimburse the Briver for any loss that he/she (they, it) may "offer through the failure of the Supplier to fuan,th said supplies us accordance with the terms of said contract, at the tirne(;), and in the manner therein specified, then Uus obligation ahail be void; otherwat it shall remain in full force end effect. PROVIDED HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in event of any default oo the part of the Supplier. a written Automat of the particular fiats *homing ttlltl n�ragd , e of such delimit than be immediately delivered loth° Surety by certified mall el its Home Office in t ltl ( 1 H ANDPROVJDED FURTHER that no action, wit or proceeding shall be had or maintained egeisntths Surety our this instrument videos the same be brought or instituted end process served upon the Surety on via before the later of the following: a) One year after the dote of issuance of final payment to the Supplier under the Contract or b) One year otter the expiration data of any evicts warranty period provided for in the contract. IN WITNESS WHEREOF, the said Supplier and Surety have signed and sealed this instrument this '4/ 4 Iii n.f.� Eli zat-se dev of .2u Claflin -'t, Secretary eenne Meaux m•v S.j is tics Co., Inc. Daniel W. Hunt prey ident fah Great American Insurance Company lone Acosta reo„ AttorrjN �.F. , t.�Aussiyhce CORPORATE SEAL 1992 BID REQUEST #61500056 Page 25 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 .the number of persons authorized by this power of attorney is not more than SEVEN No.0 14804 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. KEVIN W. McMAHON J.R. TROJAN FLORIETTA ACOSTA DiLYNN GUERN Name SARAH C. BROWN DONALD E. APPLEBY SUSAN J. LATTARULO Address ALL OF DENVER, COLORADO Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of MARCH 2014 Attest GREAT AMERICAN INSURANCE COMPANY dssistans ,5ccn' an. 4444()M-64 srionatSenior ileePre r,ren( STATE OF 01110, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (577-377-2405) On this 20TH day of MARCH 2014 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. Shags Giorgi Notary Public, Stain dab My Commission Expires 08482015 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008, RESOLVED: That the Divisional President, the several Divisional Senior Ike Presidents. Divisional lice Presidents and Divisonal Assistant lice Presidents, or any one of them, be and hereby is authorized from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company as surety any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER. That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking. contract of .:uretyship or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company: to be valid and binding upon the Company with the. same force and effect as though manually af'ixea. CERTIFICATION I, STEPIIEN C. RERAN A, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of 4c -e 3 1ssiimn5 Secretary S1D29AD (12/13) Bond No. 1827730 sturr& t l,'UN7r4Al:I $0NU larowALL MEN ByTHESE PRESENTS, That As_halt S�ecial leS Co.. Inc.. erMn. marlaq err R < ) 10100 Dallas Street, Henderson, CO 80640 a Principal, (hereinafter milled tlw Supplier), and Great Amgricin Lrpu(ance Company al t lt Meer oe rnr Y , 301 E Fourth Street. Cincinnati. OH 45202 au Surety. (hereinafter called Surety).are held and firmly bound unto Weld County Colorado. ow pwar no war waseaerwrivad illesplerleurin 1111 H Street. Greeley. CO 80632 es Obligee, (hereinafter called the Buyer). in the just and full rum of une Million Une Hundred Eighty Two Thousand Four Hundred Thirty Seven and 50/100 Dona. is1.182.437.50 ) for the payment of which aim, well and eraly to be made, the send Supplier and Surety bind themselves, and their respective boin, admenistnWra, executors, successors and aseigrn, jointly and severally firmly by these preterite. WHh3REAS, the Supplier ha entered into a certain eritten eontraot with die Buyer dated 2o. to furnish the follewrrrg briefly described supplies: Project No. B1500056, Hot and Warm Mix Asphalt/Asphalt Supply 2015 (South County) which contract it hereby referred to end made a part hereof es fully and to the same extent at if copied at length herein NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if the said Supplier shell fitly indemnify end reimburse the Boyer for any low that hcishe (they, it) may suffer through the failure of the Supplier to furnish said supplier In 'overthrew with the terms of said contncy at the tuns(,), and in the manners therein specified, then thin 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 arry default no the pat of the Supplier, a written statement of the particular fiats shot tng the dale end s+Wure of snob default shall be immediately delivered to the Surety by certified mail at its Henna Officie t.inr.tnnati, i ]H AND PROVIPBP FURTHER that no action, suit orprow riding shall be had or maintained satinet the Surety on this inetrumertt unless the lame be brought or instituted and provers served upon the Suety on or before the later of the following. at One year after the date of iaautuoc of final peymeut to the Supplier under the Connect; or b) One year after the expiration date of any express warranty period provided for in the contrast. IN WITNESS Wf1ERF.OF,the said Supplier and Surety have signed and sealed this instrument this Jac dot' of 20 Eliz..-th Claflin - ecretary nne hvleaux halt Specialties Co., o., Inc. . un r \ Great American Insurance Company \ lorietta Acos a OW) CORPORATE SEAL 1992 i BID REQUEST #61500056 Page 25 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SEVEN No. 0 14804 POWER OF ATTORNEY KNOW AEI. MEN RV THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below_ KEVIN W. McMAHON J.R. TROJAN FLORIETTA ACOSTA DILYNN GUERN Name SARAH C. BROWN DONALD E. APPLEBY SUSAN J. LATTARULO Address ALL OF DENVER, COLORADO Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of MARCH 2014 Attest GREAT AMERICAN INSURANCE COMPANY As ustam Secretary Zituit MA4.0 I),,.,,,,,nr,i.Sen,,,r I,re.« le„ i STAlU OF OI11O, COUNTY OF HAMILTON - ss DAVID C. KITCHIN (877-377-2405) On this 20TH day of MARCH 2014 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. Seek Chile Notary Public, SbbofOhb My Cordlike Expin3s 06091015 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED. That the Divisional President, the several Divisional Senior lice Presidents. Divisional f ice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company as surety. any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the .signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may he affixed by facsimile to any' power of attorney or certificate of either given for the execution of any bond. undertakrg, contract of suretyship. or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. RERAN A, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of e. Asn.nani .karetan 51029AD (12/13) Bond No. 1827730 Jturvl ! ct/nTeACI l Ui'tl KNOW ALL MWY THESE j'1tsrs, ma Asphalt Specialties Co,. Inc_ p,see aa>w �sprse.ura.aper} 10100 Dallas Street, Henderson, CO 80640 sa prirscippl (lrereiraner rapid the surpptier), rrasd Great American IIl�CCy+ u Jr,;once Company ar...a erica. w� rri�atrre2e�re�, 301 E Fourth Street. Cincinnati. OH 45202 as Suety, (hcrei Lifter celled Surety), ate bcldand frmlybouadsnto Weld County. Colorado. per hurtLiCdime needier, erbpi ss.•br berm 1111 H Street. Greeley CO 80632 as Obligee, (hereinafter called the Buyer). in the just end full surer of one Million One Hundred Eighty Two Thousand Four Hundred Thirty Seven and 50/100 cs 1,182,437.50 for the psymcnt of which sum, well and truly tc be Rustle, the card Supplier end Surety bind themselves, end their respemivc heirs, adraimstratots, erasion, t=more and assigns, jointly and severally firmly by these larcener*. WHEREAS, the Supplier has entered into a enure written contra% with the Buyer dated 20, to famish the following briefly draeribed supplies: Project No. B1500056, Hot and Warm Mix Asphalt/Asphalt Supply 2015 (South County) which contact is hereby referred to and made a pen hereof a fully and to the same extant as if copied at length herein. NOW. THEREFORE THE coNDIT10N OF THIS OBLIGATION is such that if the said Supplier shall fully indemnify and reimburse the Buyer for any loss that hdshe (they, it) may suffer tlroush she failure of the Supplier to furnish said supplies at accordance with the teats of said contract, at the time(s), and in the manner faerein specified, then this obligation shall be void; otherwise a shall remain in full force and effect. PROVIDED HOWEVER, it shall be a condition precedent to any fish: of recovery hereunder, that in west deny default no the past of the cell d mail its Hone Office the particular facts shooting n�� H of ouch default shall be immediately delivered to the Surety by AND PROVIDED FURTHER that no action, snit orl, proceed* shall be lad or maintained against the Surety en this instrument merles the same be hrougld or instituted and process served upon Use Surety on or before the later of the following-. i ri One year elm the date of hewn= of final peyrvey( to the Supplier smdcr the Contract; or h) One year after the expiration die crony express sa Canty period pens ideal for it the contract. IN WITNESS WHEREOF, the said Supplier end Surety hive signed oral sealed this imstrumcre this Ins (A Eliz der of 20 C Claflin - Se etary f""rr Lee Anne Meaux halt Specialties Co., Inc. ie Aunt' Plettl Pracir3e nl Great American Insurance Company c 4t—' inr.J F lorletta Acosta Aherne- Fast W d+�e�gtssi tsnrt BID REQUEST #81500055 Page 25 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No.0 14804 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. SEVEN KEVIN W. McMAHON J.R. TROJAN FLORIETTA ACOSTA DiLYNN GUERN Name SARAH C. BROWN DONALD E. APPLEBY SUSAN J. LATTARULO Address ALL OF DENVER, COLORADO Limit of Power ALL $100,000,000.00 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of MARCH 2014 Attest GREAT AMERICAN INSURANCE COMPANY c_e.3.� A's WON b'eeretart Zwidte ,mmoonalse,noricehrr„rk,./ STATE OF OHIO. COUNTY OF HAMILTON - ss: DAVID C. aTCHIN (57/577-2405) On this 20TH day of MARCH 2014 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office tinder the By -Laws of said Company. and that he signed his name thereto by like authority. Shine Clara Notary Ptdlc, Sbb ofOhto My Cortmsdal Expires 0849-2015 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLIBD: That the Divisional President. the several Divisional Senior Vice Presidents, Divisional l'ce Presidents and Divisonal Assistant Tice Presidents, or any one of them. be and hereby is authorized from time to lime, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company as surety, any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking contract of suretyship. or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of 4c- e A..rrmm Sccremrr 51029AD (12/13) MEMORANDUM TO: Marcia Walters DATE: 3/25/15 Purchasing Department FROM: Neal Bowers Pavement Management Supervisor SUBJECT: Bid Recommendation for #1500056 Hot and Warm Mix Asphalt/Asphalt Supply 2015 (south county) On March 13, 2015 the bids for Hot and Warm Mix Asphalt / Asphalt Supply 2015 south county only were open. The Public Works Department recommends that the bid be awarded to the lowest bidder Asphalt Specialties based on unit prices and mileage from plants. The Public Works Department has purchased asphalt from them before with satisfactory results. The cost below does not exceed the 2015 budget for maintenance overlays, and BOCC approved HARP road projects. Asphalt Specialties plants are located at WCR 934 Firestone and Huron St. Denver. Cost is the same per ton at each plant. Grading "S" 20,125 tons Grading "G" 5,725 tons Grading "SX" 3,500 tons @ $40.00 = @ $37.50 = @ $46.50 = Total $ 805,000.00 $ 214,687.50 $ 162,750.00 $1,182,437.50 pc: Trevor Jiricek, Jay McDonald, Curtis Hall, Rose Everett 3.3o -0201 - ?Ott 0x097 6&007a M CO O 0 O `N 0 V >, o O N • 71)C?N Z Z O m V (7 0 0 O— 3 0 0 O tz * 0 3 °N 7E0g0N a o O n M N M M Z Tu OO `3mm ✓ v7E p 0 JO N (0 C wtnEErm rWL W ULL co- IL Oo � OdJ C� ymco2 2 L.— tii O OZr-<0 • LL w 0 0 J 0I*z> Ll- Ow2Ow0 W 7 Q Z W I2 ww <wa c7IYo 0re0a0aC H w J F Q a0 N W Qa 0 Prices oer ton BID SCHEDULE #1 Z1_ ZF Zr ZO ZH Oz Oz Oz OK Oz wa wa wa W HD wa a o LL O a LT -0 O U O I a I a I a I IX oD oD oD CD NIoI oI o oI ^ a O m ^ a 1 0 .O .0 63 » » 0 $40.00 - DENVER $38.50 - DENVER $36.50 - DENVER $44.00 - DENVER $38.50 - DENVER N JLa F = 0 0 < Lou. Q 0 Z Q co Z W <2 2 H 00 0 0 0 0 H▪ ° (77 (7a (7¢ (7¢ On Q W Ce OQ OQ OQ O¢ Ozm ¢ W H 0 JO JO WW I I I . 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