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Home My WebLink About20132710.tiffit:it4;i MEMORANDUM Wi`Oe. COLORADO TO: Clerk to the Board DATE: 10/25/2013 FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Bid Number B1300156, Briggsdale Well Storage Tank Expansion Award Enclosed are two signed original agreements for the Briggsdale Well Storage Tank Expansion Contract with E.T. Technologies, Inc. The contract is in the amount of $124,065.00. The Bid Number is B1300156. Also for the record is a copy of the Performance Bond and Payment Bond for E.T. Technologies, Inc. Please place on the BOCC agenda as soon as possible. After the contract is signed, please return one original to me. Original: pc: Clerk to the Board Briggsdale Well File i�-26- ►3 C -0. - , Pu, _70O io g l 0tvyylgy\Vj+atei9hts\Briggsdale Well \ Expansion \Briggsdale Expansion Contract Memo to BOCC.doc AGREEMENT Briggsdale Well Storage Tank Expansion Contract THIS AGREEMENT, made this a day of tS/(a DitieY by and between Weld County, Colorado, hereinafter called "Owner" and ,T doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "Contractor". , 2013, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following: Briggsdale Well Storage Tank Expansion Contract described in the Invitation for Bids, Bid No. B 1300156 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete the Briggsdale Well Storage Tank Expansion Contract by February 28, 2014 unless the period for completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $124,065.00. 5. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Immigration (D) Bid Proposal (E) Acknowledgement of Bid Documents (F) Receipt of Addenda (G) Bid Bond (H) W-9 (I) Statement of Qualifications and Subcontractors (J) Anti -Collusion Affidavit (K) Bid Schedule (L) Notice of Award (M) Agreement (N) Insurance Requirements (O) Performance Bond (P) Labor and Materials Payment Bond (Q) Notice to Proceed (R) Change Order (S) Certificate of Substantial Completion (T) Lien Waiver (U) Sub -Contractor Lien Waiver (V) Notice of Acceptance (W) Project Special Provisions (X) Standard Special Provisions (Y) Appendix (Z) Addenda No. 1 dated September 9, 2013 M:\Clay\Water Rights\Briggsdale Well\ Expansion\ Notice of Award - Briggsdale Expansioadoc Page 2 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy - granting provision contained in the Contract. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR /1 NAME _ TITLE Date v William F. Garcia Chair (SEAL) ATTEST: BY OCT 282013 Deputy CI to the Board Weld County Clerk to the Board NAME eIBgi h. P'E3a.. V`L� Pile ,(Pease Type) TITLE f"✓'eSt - 0". ADDRESS /00c00 S, Ota445 / mid! e- /CU taa.rke-✓i CO 8-0(37 (SEAL) AT PEST: Sul -10,,a V I &vl il BY Q Oil. 41 L. OaSoyl (Please Type) TITLE $1. &rpria.%-e Se G M:\Clay\Water Rights\Briggsdale Well \Expansion\Notice of Award - Briggsdale Expansion.doc Page 3 °me- 6.2 2") BY ( // y( /( / BY ( PERFORMANCE BOND Bond No. 929581191 Briggsdale Well Storage Tank Expansion Contract KNOW ALL MEN BY THE PRESENTS; that E.T. Technologies, Inc. (Name of Contractor) 10000 S. Dransfeldt Road, Suite 100 (Address of Contractor) Parker, CO 80134 , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western. Surety Company (Name of Surety) 333 S. Wabash Avenue, 41st Floor, Chicago, IL 60604 (Address of Surety) Hereinafter called Surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) 1111 H Street; P. O. Box 758, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of * Dollars, ($ 1 24, 0 6 5 0)0 in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2013, a copy of which is hereto attached and made a part hereof for the construction of: Briggsdale Well Storage Tank Expansion Contract described in the Invitation for Bids, Bid No. B1300156 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. * One Hundred Twenty—four Thousand Sixty—five Dollars and 00/100 M:\Clay\Water Rights Briggsdale Well\Expansion\Notice of Award - Briggsdale Expansion.doc Page 5 PERFORMANCE BOND Briggsdale Well Storage Tank Expansion Contract IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of 2013. E.T. Technologies, Inc. (SEAL) (Witness as to Contractor) (Address) ATTEST: NA (Surety) Secretary (SEAL) Cheryl Anderson Witness as to Surety 117 Church Lane Contractor 10000 S. Dransfeldt Road Suite 100 (Address) Parker, CO 80134 By L. Neil Eckenrode Attorney -in -Fact 117 Church Lane (Address) (Address) Hunt Valley, MD 21030 Hunt Valley, MD 21030 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. M:\Clay\Water Rights\Briggsdale Well Expansion \Notice of Award - Briggsdale Expansion.doc Page 6 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Francis S Carnes III, L Neil Eckenrode, Douglas Keefer, Candy F Mc Andrew, Individually of Cockeysville, MD, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of January, 2013. WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota County of Minnehaha On this 2nd day of January, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described n and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2015 CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 5th day of Octohr r 201 3 WESTERN SURETY COMPANY 4 L. Nelson, Assistant Secretary Form F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. LABOR & MATERIALS PAYMENT BOND Briggsdale Well Storage Tank Expansion Contract KNOW ALL MEN BY THE PRESENTS; that R T PerhnningiRs, Inc. (Name of Contractor) 10000 S. Dransfeldt Road, Suite 100 Bond No. 929581191 (Address of Contractor) Parker, CO 80134 hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Western Surety Company (Name of Surety) 333 S. Wabash Avenue, 41st Floor, Chicago, IL 60604 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) 1111 H Street, P.O. Box 758, Greeley, Colorado 80632 hereinafter called Owner, in the penal sum of (Address of Owner) One Hundred Twenty—four Thousand and Dollars, ($ 124,065.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2013, a copy of which is hereto attached and made a part hereof for the construction of: Briggsdale Well Storage Tank Expansion Contract described in the Invitation for Bids, Bid No. B1300156 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. M:\Clay\Water Rights\Briggsdale Well \Expansion\Notice of Award - Briggsdale Expansion.doc Page 7 • LABOR & MATERIALS PAYMENT BOND Briggsdale Well Storage Tank Expansion Contract IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 2013. E.T. Technologies, Inc. 11/10 da'* (Contractor) Secretary (SEAL) 4,�ontractdr By C. �C"...-�.e� ..._ 10000 S. Dransfeldt Road (Witness as to Contractor) (Address) Suite 100 (Address) ATTEST: NA • (SEAL) (Surety) Secretary / ./ Cheryl Anderson By L. Neil EckenrnciP Parker, CO 80134 I, 2/14k,a_ Witness as to Surety Attorney -in -Fact 117 Church Lane 117 Church Lane (Address) (Address) Hunt Valley, MD 21030 Hunt Valley, MD 21030 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. M:\Clay\Water Rights\Briggsdale Well\Expansion\Notice of Award - Briggsdale Expansion.doc Page 8 • Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Francis S Carnes III, L Neil Eckenrode, Douglas Keefer, Candy F Mc Andrew, Individually of Cockeysville, MD, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of January, 2013. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 2nd day of January, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me drly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23,2015 t+ .1. MOHR NOTARY PUBLIC SOUTH DAKOTA ♦t CERTIFICATE 0,--716t4A2 J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 5th day of October 7.011 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Fonn F4280-7-2012 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. MEMORANDUM Date: October 8, 2013 To: Trevor Jiricek, Director of General Services From: Clay Kimmi, P.E., CFM - Public Works Dept RE: BRIGGSDALE WELL STORAGE TANK EXPANSION Bid Request No. #B1300156 BOCC Approval Date October 9, 2013 In 2010, Public Works completed the Briggsdale Dust Control Well. At the time, the storage tank was sized to store approximately 20,000 gallons. The storage tank and dust control well worked fine for Public Works projects in the northeastern portion of the County until the oil field boom began. The demand for dust control and construction water on County projects is currently larger than the supply from the Briggsdale Well. The current capacity for the well is 3 to 4 truckloads of water per day. Increasing the storage from 20,000 gallons to 60,000 gallons will result in an increased capacity of 7 to 9 truckloads of water per day. The bid package submitted contained the required bid documents. After review of the bid documents, Weld County Public Works recommends that the contract be awarded to the sole bidder, E.T. Technologies Inc, in the amount not to exceed $124,065.00 for option #B which is for a 40,000 gallon underground storage tank. 1$ O?©/3 - 077/O 6-C sea WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwalters(v�co.weld.co.us E-mail: reverett(c�co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: SEPTEMBER 16TH, 2013 REQUEST FOR: BRIGGSDALE WELL STORAGE TANK EXPANSION DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1300156 PRESENT DATE: SEPTEMBER 25th, 2013 APPROVAL DATE: OCTOBER 9th, 2013 VENDOR E.T. TECHNOLOGIES INC 10000 S DRANSFELDT RD STE 100 PARKER CO 80134 TOTAL BID TOTAL BID OPTION #A OPTION #B $106,315.00 $124,065.00 OPTION #A: 30,000 GALLON UNDERGROUND STORAGE TANK OPTION #B: 40,000 GALLON UNDERGROUND STORAGE TANK **CLAY KIMMI IS HANDLING THIS PROJECT AND WILL BE REVIEWING THE BIDS. 9/�5 2013-2710 Hello