HomeMy WebLinkAbout20120542.tiffa:rg
Illie
COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: March 7, 2013
FROM: Neal Bowers, Public Works
SUBJECT: Items Returned for Recording:
Doc #2012-0542
Bid # B1200031
Original Items for recording:
Items for recording on the Contract Extension/Renewals for the 2013 Hot and Warm Mix
Asphalt/Asphalt Supply.
Martin Marietta Materials, Inc.
1) Notice of Award
2) Performance Bond
3) Labor & Materials Payment Bond
Asphalt Specialties Co., Inc.
1) Notice of Award
2) Performance Bond
3) Labor & Materials Payment Bond
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NOTICE OF AWARD
Hot And Warm Mix Asphalt / Asphalt Supply 2013
(North County)
To: Martin Marietta Materials, Inc.
1800 N. Taft Hill Road
Fort Collins, CO 80521
Project Description:
Hot And Warm Mix Asphalt / Asphalt Supply 2013 / "North County"
The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2013, 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 $ 3,127,1 46.50
or as shown in the Bid Schedule.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required
Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the
date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds 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 22 day of February , 2013
Weld County, Colorado, Owner
By
Neal Bowers, Pavement Management Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by r it c.< \.,..i r -L cv•—
N'1 ,A, 2T ! V -1 0./. r7-- t �i )-ta vv�� ✓� TtYLt v?, L S
(Contractor)
Dated this -(_-c -1 day of e.. N , 20 k 3
By:'G! Title: e9/G//f/?/ ii}.ZS'ldGt;lle
Page 27
Bond No. 016053110
f -
PERFORMANCE BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2013
KNOW ALL MEN BY THE PRESENTS; that
Martin Marietta Materials, Inc.
(Name of Contractor)
1800 N. Taft Hill Road, Fort Collins, CO 80521
(Address of Contractor)
, hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
Liberty Mutual Insurance Company
(Name of Surety)
175 Berkeley Street, Boston, MA 02116
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
11 1 1 I1 Street, P.O. Box 758, Greeley, Colorado 80632
(Address of Owner)
Thousand One Hundred Forty -Six
hereinafter called Owner, in the penal sum of Three Million One HundredSwenty-Sevee Dollars, ($ 3,127,146.00
), 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 piescuts.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain
Contract with the Owner, dated the 22nd day of February . 2013 , a copy of which is hereto
attached and made a part hereof for the construction of:
Hot And Warm Mix Asphalt / Asphalt Supply 2012described in the Invitation for Bids, Bid No.
B1200031
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
undcr such contract, and shall fully indemnify and savc 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 there under 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.
Bond No. 016053110
PERFORMANCE BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2013
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be
deemed an original, this 4th day of March , 2013
Martin Marietta Materials, Inc.
Asst.(Contractor) Secretary Ann M. Connick
(SEAL)
(Idd
Todd Crump(Witness as to Ct ntractor)
2710 Wycliff Road
Raleigh, NC 27607
ATTEST:
l /(Surety) eeF Fy- Attorney -In -Fact
Kristy W. Kretzschmar
(SEAL)
Todd CrumpWitness as to Sure
2710 Wycliff Road
(Address)
Raleigh, NC 27607
CDntractor
By ,[y
Byron/Creech, Assistant Treasurer
2710 Wycliff Road
(Address)
Raleigh, NC 27607
(Address)
By
Attorney -in -Fact
Rebeca L. Gomez Porras
4300 Emperor Blvd, Suite 300
(Address)
Durham, NC 27703
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.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5378483
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. —_
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American Fire and Casualty Company
The Ohio Casualty Insurance Company
West American Insurance Company
Liberty Mutual Insurance Company
Peerless Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. that Peerless Insurance Company is a corporation
duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein
collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, BYRON CREECH. TODD CRUMP, REBECA L. GOMEZ PORRAS,
KRISTY W. KRETZSCHMAR
all of the city of RALEIGH state of NORTH CAROLINA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officerorofficial of the Companies and the corporate seals ofthe Companies have been affixed thereto this
loth day of
MAY 2012
By
STATE OF WASHINGTON ss
COUNTY OF KING
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
Peerless Insurance Company
West American Insurance Company
Gregory W Davenport. Assistant Secretary
On this loth day of MAY 2012 before me personally appeared Gregory W. Davenport. who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company. Peerless Insurance Company and West American Insurance Company, and that he, as such, being
authorized so to do. execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at Seattle. Washington, on the day and year first above lIwritten.
Lev
KD Riley . Nota
By
Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows:
ARTICLE IV —OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject
to such limitation as the Chairman or the President may prescribe. shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII—Execution of Contracts —SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such
attorney -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertak ngs. bonds, recognizances and other
surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the
same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary. of American Fire and Casualty Company, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, West
American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of
Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this rffi M' day of
LLttin 20 714
By:
David M. Carey, Assistant Secretary
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POA - AFCC, LMIC. OCIC, PIC & WAIC
LMs_12a73_041012
Bond No. 016053110
LABOR & MATERIALS PAYMENT BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2013
KNOW ALL MEN BY THE PRESENTS; that
Martin Marietta Materials, Inc.
(Name of Contractor)
1800 N. Taft Hill Road, Fort Collins, CO 80521
(Address of Contractor)
hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
Liberty Mutual Insurance Company
(Name of Surety)
175 Berkeley Street, Boston, MA 02116
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
1 111 H Street, P.O. Box 758. Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of
Three Million One Hundred Twenty -Seven Thousand One Hundred Forty -Six Dollars, (S 3,1?7,146.00 ),
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 22ncl day of February . 20 13 , a copy of which
is hereto attached and made a part hereof for the construction of:
Hot And Warm Mix Asphalt / Asphalt Supply 2013 described in the Invitation for Bids, Bid No. B1200031
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 ur 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 he performed there under 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 Spec ificat ions.
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,
Bond No. 016053110
LABOR & MATERIALS PAYMENT BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2013
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed
an original, this 4th day of March , 2013
Martin Marietta Materials, Inc.
Contractor
By
Asst.-tLoetraetor) Secretary, Ann M. Connick Byron6Creech, Assistant Treasurer
(SEAL)
Todd Crump
ATTEST:
(Witness as to Contractor)
2710 Wycliff Road
(Address)
Raleigh, NC 27607
(SEAL)
ai'd
2710 Wycliff Road
(Address)
Raleigh, NC 27607
4See etarys- Kristy W. Kretzschmar
Witness as to Surety Todd Cru
(Address)
Byl
Attorney -in -Fact, ebeca L. Gomez Forms
2710 Wycliff Road 4300 Emperor Blvd Suite 300
(Address)
Raleigh, NC 27607 Durham, NC 27703
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.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5378484
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Cc -it ficatc No.
American Fire and Casualty Company Liberty Mutual Insurance' cmuany
The Ohio Casua ty Insurance Company Peerless assurance Con-pary
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of Ohio. that Liberty Mutual .nsurance Company is a corporat:cn duly organized under the laws of the State o` Massachusetts. that Peerless Insurance Company is a corporation
duly organize° under the laws of the State of New Hampshire and West American Ins -ranee Company ny is a corporation duly organized .,°der the laws of the State of rid ana there
collectively Ca EC the Comoanie5'i pursuant to and by authority tete n set fork does _oy -ante constitute and appcT BYRON CREECH. TODD CRUMP. REBECA L. GOMEZ PORRAS.
KRISTY W. KRETZSCHMAR
all of the city of RALEIGH state of NORTH CAROLINA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute. seal, acknowledge
and deliver. for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as it they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
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INWITNESS WHEREOF the Rower of Attorney has been subscribed by anauthorized off cero°ffnla: of the Companies and the corpoateseals of the Companies have been affixed theretotms
10th day of MAY 2012
By:
STATE OF WASHINGTON ss
COUNTY OF KING
American Ere and Casualty Company
Tne Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
Peerless Insurance Company
West American Insurance Company
Gregory W Davenport. Ass stant Secretary
On this 10th day of MAY 2012 . before me personally appeared Gregory 'W Davenport, who acknowledged himself to be toe Assstant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company. The Ohio Casualty Company, Peeress Insurance Company and West Amerman Insurance Company, and that he, as such. being
authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer
IN WITNESS WHEREOF, I have hereunto subscribed my name and alfixed my notarial seal at Seattle, Washington, on the day and year first above written.
By:
et
KD R. ley Notay Public
This Fewer fAttorney :s made and execute° pursuant to and by a atr.onty of the to: :Diving By laws arc Authorizations of America- Fire and Casualty Company. The Ob.o Casualty nsua^oe
Company. Liberty Mutual Insurance Company. West American. Insurance Company and Peerless Insurance Companywhich resolutions are now in full force and effect reading as follows.
ARTICLE IV —OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-factsubject to the limitations set forth in their respective
powers of attorney. shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the sea: of the Corporation. When so
executed such instruments shall be as finding as if signed by the President and attested to by the Secretary Any power or auno'1y granted to any representative or attorney -in -fact under
the provisions of the artce may be revoked at any time by the Board the Chairman. the President or by the officer or officers granting such power o' authority.
ARTICLE XIII — Execution of Contracts SECTION 5. Surety Bonds and Undertakngs Any officer of the Company authorized Or that p..mose in writing by the chairman or president.
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make. execufe.
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney. shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company. acting pursuant to the Bylaws of the Company. authorizes Gregory W. Davenport, Assistant Secretary to appoint sunk
attorney -'.r -fact as may be necessary to act on behad of the Company to make. execute. seal acknowledge and deliver as surety any and all undetak ngs bonds. 'eccgnrzances and otter
surety obi gaticns
Authorization - By unanimous consent of the Company s Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of tre
Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bondsshall be valid and biding upon the Company with the
same force and effect as though manually affixed.
I, David M. Carey the undersigned, Assistant Secretary. of American Fire and Casualty Company, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company. West
American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of
Attorney executed by said Companes. is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seas of said Companies this ^fi ray of 071a4 /7 .201
/1
7 A —
By:
David M Carey. Assistant Secretary
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LMS 124.3 ram 012
NOTICE OF AWARD
Hot And Warm Mix Asphalt / Asphalt Supply 2013
(South County)
To: Asphalt pecialties Co. Inc
10100 Dallas Street
Henderson. CO 80640
Project Description:
Hot And Warm Mix Asphalt / Asphalt Supply 2013 / "South County"
The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2013, 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 $ 1,504,900.00 or as shown
in the Bid Schedule.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required
Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the
date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds 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 _ 22 day of Feberuary , 2013
Weld County, Colorado, Owner
By
Neal Bowers, Pavement Management Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
mfr 5T ec.t a l e& PD. y�e .
(Contractor)
22"d day ofii_t {( .20 (3
\sx
Title: O —S trsLT
Page 26
Bond No. 2116294
PERFORMANCE. BOND
Hot' And Warm. Mix Asplialt!.Asphalt Supply 2013
KNOW ALL MEN$YTHE PRESENTS; tliat..
Asphalt Specialties Co., Inc.
(Nattle of Contractor).
10100 Dallas Street, Henderson, CO 80640
(Address of Contractor)
Corporation .. .. .. hereinafter called
Contractor, and�a :(Corporaiion, Padnership,'0r Individual)
Great. American Insurance Company
(Name of Surety).
301 E. 4th Street, Cincinnati, OH 45202
(Address of Surety).
hereinafter calledsurety, are held and firmly bound unto
_Weld County. Colorado.
(Name of Owner) •
. l ll l fttrect; P.O: i3oa 758; Greeley -Colorado 80632
(Address of Owner)
• One Million Five Hundred Four.Thousand
hereinafter called Owner, in the penal sutn.of Nine Hundred & 00/100 Dollars. (5'1 504,900.00----
laviful money of the United -States of America; forthe payment of whiclsuni well and truly -
to It made, we bind ourselves; sitecessors and assigns, jointly and seyerallyfirmly by these presents.
THE' CONDITION OF THIS OBLIGATIONis such that whereas, the Contractor -into a certain
Contract with the Owner, dated_ the 22nd day of February 2013 acopy. of Mhieh_is hereto
attached and made a parthereof'for the construction of:
Hot And Warm Mix: Aiphall- f Asphali Supply 2012described in the Invitation for Bids, Bid No.
BI 200011
NOW THEREFORE, if.the Ccmtraptdr shall well; truly and- faithfully °perfo'rnm it§ duties, all of'the
undertakings; covenants; terms, conditions, and agreements .of Said contract during_ the original term
thereof, andiany extensions -thereof which may be. granted by the -Owner, with: or -without notice to the
Surety' and during Abe one.year guaranty period,. and if be shall satisfy all claims and demands incurred
under such contract ,and shall fully indemnify andsave harmless the Owner from all :costs and damages
which itmay suffer by reason of failure to do so, and shall reimburse and repay the Owner all -outlay arid'
expense which the Owner mayincur making good any default then this obligation shall be void;
otherwise to remain in force and -effect.
Page 3I
Bond No. 2116294
PROVIDED;. FURTHER; that. the said Surety for: value recei-yed hereby' stipulates and. agrees that no
change, extension of tint, :alteration or addition to the, tears of the contract or' to: the Work 'to�be
performed therea under of the Specificalions accompahying.the same""shall iti_any Bray affect its obligation
on this Bond, and it does he ebv VaiVe Botice ofanysuch change,eztension oftiine, alteration or addition
10 the tens:ofshe,coairact or 10 the Norkor to the -Specifications:
PROVIDED,FURTHER,ihafnq finalaettlement between -the owner and the Contrac LOX shall "abridge the:
right of any beneficiary hereunder, whose claim ma5bevnsatistiied.
Page 32
Bond No. 2716294
PERFORMANCE BOND
Hot And WarmMix Asphalt / Asphalt Supply 2012
IN WITNESS WHEREOF: this instrument is executed in Eve (5) counterparts, each one of udiich shallbe
deemed an original, this: . 22nd day of .. February .20 13
Henderson, CO 80640
ATTEST:.
Asphalt Specialties Co., Inc.
ac qr ,lr
By _
10100 Dallas Street
(Address)'
Henderson, CO .80640 -
(Address),
Surety: Great American Insurance Company
Not Applicable
(Surety) Secretary
tress aS to Surety Cheryl M. Husted Artorney- n-Fdct Florietta Acosta
2000 S. Colorado Blvd., Tower II, Suite 900
(Address)
Denver COr'R077?_
301 E. 4th Street
{Address)
Cincinnati, OH 45202
•
NOTES bate of Bond tnvst;not,be prior to date of Contract. If Contractor is Partnership, all partners
sh ou ld:ezecutc.Bond...
IMPORTANT: Surely companies cxectiting Bonds must appear- on the Treasury'Department's most:
torrent list (Circular 570 es amended) and be. authorized, to transact 'business in the State where the
Pro}ecttis located;
?age 'TS
Bond No. 2116294
LABBOR R MATERIALS PAYMENT BOND
Hot Abil Warni AIiz Asphalt / Asphalt Supply 2012
KNOW ztLL MEN BY THEPRESENTS; Thai
Asphalt Specialties Co., Inc.
(Name of Cdnhactor)
10100 Dallas Street, Henderson, CO 80640
(Address of Contractor)
Corporation.
Contractor; and; (Corporation, Partnership, or Individual)-:
Great American Insurance Company
. , hereinafter called
(Name of Surety)
301 F.4th Street. Cincinnati OH 45202 •
(Address e fSiriety)-
hereinafter called surety, are held and.firmlybound unto"
. Weld County; Colorado
(Name of Owner)_
1111 Pi. Street, P.O: Bo,t 758, Urecley, Colorado 80632.
(Address of Ostrom)
hereinafter called Owner, in thepenal svin of One Million Five Hundred Four Thousand_
Nine. Hundred & 00/100 _ _. Dollars; (S. 1 504 900- 00----...,. ),
in lawful money of the United States of America; for -the payment of which sum Nell and truly -to be made, we bind
ourselves, successors and assigns; jointly and severally firmly by these presents.
TILE CONDR1oN OF THIS"OBLIG.ATION'is such that whereas, the -Contractor entered intoa.
certain Contract with theOwner, datddthe 22nd day at February 20 a .za copy_of which
• is hereto attached zhd made a part hereoffor the construction of:
Hut And Warm Mix Asphaltl Asphal tSupply: 2012.described in the Invitation fie:Bids, Bid No. B1200031;
NOW,. THEREFORE, if the Coutrattbi. shall promptly inakc payment to all persons, firms, Subcontractors; and
Corporationsfurnishing materials for or.performmg labor in the -prosecution of the_ Work provido for' in, such
contract, 'and any.authonicd 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;, andi 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 infull force and effect,
.PROVIDED. FURTHER; -the the. said -Surety for value rcceiifd hereby' •stipulate and: agrees" thel no change„
extension of time, alteration or additiorto the terms of -the contractor to the Work lobe performed: there under of
the Specifications accompanying the same shall in any Way affect its obligation on this Bond, and it does hereby
waive notice oiaoy such thangei 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 beneficiar, hereunder, whose claim may be unsatisfied..
Page 34
Bond No. 2116294
LABORB•-MATERIALS PAYMENTBOND
Rot And Warm hffit.Aspha)t / AOitait Supply 2012
Ih7UTIiVESS \'r7IER$OE;,this instrument is executed in five (5) counterparts,"each one -of which shall be deemed
an original, rigs 22nd day of Feburary 20.13
(Address)
Henderson, CO 80640
ATTEST:
.Not Applicable
(Surety) Secretary.
(SEAL)
n
N�iress as to Su y Cheryl M. Hosted
101 E, dth Street
2000 S. Colorado Blvd., Tower II, Suite 900
(Address)
Denver CO 80222
Asphalt Specialties Co., Inc
ntractor
10100 Dallas Street
(Address)
Henderson CO 80640,
Surety: Great American Insurande Company
Attomey,in=Fact Florietta Acosta
(Address)
Cincinnati, OH 45202 ..
NOTE: Date:of Bond must not,be prior io. dale of Contract. If Contractoris Pariner$up; all partners should
execute Bond.
ITilORTANT: •Surety companies, ezeduting-Bonds must:appear'od the.Trea'sury D'epartmcni's mostcuirent list
(Circular 570"as"amended) and be authonzed to transact business in theState "where the.Project is located.
Page:35
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 EIGHT
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
SARAH C. BROWN
Name
DONALD E. APPLEBY
TIFFANY McGONIGLE
SUSAN J. LATTARULO
This Power of Attorney revokes all previous powers
IN WITNESS WHEREOF the GREAT AMERICAN
officers and its corporate seal hereunto affixed this
Attest
Address
ALL OF
DENVER,
COLORADO
Limit of Power
ALL
$75,000,000.00
issued on behalf of the attorney(s)-in-fact named above.
INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
31ST day of AUGUST , 2012 .
GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Senior lice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877-377-2405)
On this 31ST day of AUGUST , 2012 , 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.
KAREN L GR0SHEIM
NOTARY PUBLIC, STATE OF OHIO
MY COMMISSION EXPIRES 02-16
14tut .Atsiataisr
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 Vice Presidents, Divisional Vice 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 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 22nd
day of
February 2013
Assistant Secretary
MEMORANDUM
TO: Clerk to the Board DATE: February 13, 2013
FROM: Neal Bowers, Public Works Department
SUBJECT: BOCC Agenda
RE: Bid No. 1200031
Contract Extension / Renewal with Asphalt Specialties for the 2013 Hot and Warm Mix Asphalt
Supply for the SOUTH county supply.
Attached is one Contract Extension / Renewal.
M \Francie\AgendaNealBowers docx
OciL-;'e/it
>1--,:>2Z--AY)/3
(syjoy RA)
CG'- Put) a(a-1
x7,2_ C�->2/.-
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: Weld County 2013 Hot and Warm Mix Asphalt Supply (North & South)
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2/7/13
PERSON REQUESTING: Neal Bowers, Weld County Public Works
Brief description of the problem/issue:
The original agreement for the Hot and Warm Mix Asphalt Supply (North & South) can be extended from
March 12, 2013 to March 11, 2014, as permitted by the contract. This extension would the second year of
a possible three year contract. The contract also allows for a yearly rate adjustment based upon the current
Denver/Boulder/Greeley Consumer Price Index which was a 1.7% increase from Dec. 2011 to Dec. 2012.
Asphalt Specialties (asphalt supply south) did not request an increase in price but did move plant locations.
Martin Marietta (asphalt supply north) did request an increase of 1.4% and 1.6% in price of asphalt per ton.
Bids submitted do not exceed the 2013 overlay budget $3,100,000 for asphalt purchases and BOCC approved
HRP funds for overlay projects.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Board may either approve or deny the contract renewal/extension.
Recommendation to the Board:
I recommend approval for Asphalt specialties and Martin Marietta under the Hot and Warm Mix Asphalt
Supply (North & South) contract.
William F. Garcia, Chair
Douglas Rademacher, Pro -Tern
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
Approve Schedule
Recommendation Work Session
Comments
CONTRACT EXTENSION / RENEWAL
Hot and Warm Mix / Asphalt Supply 2013
Date: 1/29/2013
Project Hot and Warm Mix / Asphalt Supply 2013 (SOUTH)
Owner: Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, Colorado 80632
Vendor: Asphalt Specialties 10100 Dallas Street, Henderson, Colorado 80640
The following change is hereby made to the Contract Documents:
Contract Time Extension: March 12, 2013 to March 11, 2014. This is the 2nd year of a 3 year
renewable contract.
Change to Original Rate Schedule: SOUTH Plants held or lower price. See attached bid schedule
CHANGE TO CONTRACT PRICE: See attached bid summary
CHANGE TO CONTRACT TIME:
The Contract time will be increased by 365 calendar days.
RECOMMENDED:
Owner Representative:
Supervisor
Director:
G
W rllla F. Garcia, Chair
APPROVALS:
Contractor �yfNr47Pt a t"a, Inc.
By: _
OA&J ie1 u al
Title: Paso)FJmt
Date:
Date:
Date:
Date:
FEB 2 0 2013
2O/2 05 a
Page 1
C:\USERS\GARYS\DOCUMENTS\2013ASPHALT BID DOC SOUTH (2).DOC
Hot And Warm Mix Asphalt / Asphalt Supply 2013
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 ASpkMT S?eGiPJ7les OA lane.
ITEM ft
ITEM
OUANTITY
UNIT
BID PRICE
CONTRACT PRICE
PLANT LOCATION
PER UNIT
403.00
HOT MIX
ASPHALT
(GRADING-SX)
(ASPHALT)(75)
(PG -64-22)
(35 % RAP)
SOUTH 0
TON
403.00
ASOPHALT
(GRADING -S)
(ASPHALT)(75)
(PG -64-22)
(35% RAP)
SOUTH
Huron Plant
10,600 tons
Firestone Plant
23,080 tons
N"
TON
,�,
$39 %n
�pFj
3 .1- 0
ti
4413, µct7.''
p Inn pp
1 31 �/"
1/
6655 Qm5r
Dallier%0 $6221
114ot wee�1q� 3j¢
FI�(2ST0FIb a sow
403.00
HOT MIX
ASPHALT
(GRADING -G)
(ASPHALT)(75)
(PG -64-22)
(35% RAP)
SOUTH 0
TON
403.00
HOT MIX
ASPHALT
(GRADING-SX)
(ASPHALT)(75)
(PG -64-28)
(20% RAP)
SOUTH
Huron Plant
3,300 tons
TON
/7D
�� ' 9011
-FOES
l 1/ _Q , —
IIPv 1
%� 5;.1 � ksro /l Si
4-
CO Son I
403.00
WARM MIX
ASPHALT
(GRADING -S)
(ASPHALT)(75)
(PG 64-22)
(35% RAP)
SOUTH 0
TON
401.00
EMULSIFIED
ASPHALT
CSS-1H)
(TACK COAT)
SOUTH 0
GALLON
BID SUMMARY
Hot And Warm Mix Asphalt / Asphalt Supply 2013
Each contractor is required to submit a bid based on the listed 2013 quantities.
The bidder awarded the (North) Hot and Warm Asphalt / Asphalt Supply 2013 Bid will also receive
the Emulsified Asphalt Bid.
I certify that the above quotation is exclusive of any federal excise taxes and all other state and local
taxes.
I further certify that the items offered for intended use by Weld County will meet all specifications it has
so indicated on this bid form.
TOTAL BID SUMMARY $ 115Q4 qab bD
FIRM 46?kMT S1e40,\&.s Co.) ! go -
BUSINESS ADDRESS )Q 100 7A4tors Sreeti
CITY, STATE, ZIP CODE V eabbiesr,td. C!0
50440
TELEPHONE NO. 29 i • s55 5 FAX NO. &23' 289 ' %7 07
TAXPAYER I.D. # !l `f _I 19 7 t'I'lif
BY:
TITLE :
DATE:
DJkK11G1
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF
EXEMPTION NO. 98-03551; WELD COUNTY FAX NO. (970) 352-9019.
NOTE: The following are items of work to be completed by Weld County:
Hot Bituminous Materials / Asphalt Supply 2013 Renewal (SOUTH)
Bid # 1200031
Asphalt Specialties
Erie Plant
Move to
Firestone Plant
Item #
Item
Unit
2012 Unit Price
2013 Unit Price
403
Hot Bituminous
Pavement (Grading S)
Asphalt (75)(PG-64-22)
Ton
$43.00
7,600 tons
$326,800.00
$40.00
23,080 tons
$923,200.00
Henderson Plant
Move to
Huron Street
North Denver
Item #
Item
Unit
2012 Unit Price
2013 Unit Price
403
Hot Bituminous
Ton
$39.00
$39.00
Pavement (Grading S)
19,625 tons
10,600 tons
Asphalt (75)(PG-64-22)
$765,375.00
$413,400.00
403
Hot Bituminous
Ton
$51.00
$51.00
Pavement (Grading SX)
5,925 tons
3,300 tons
Asphalt (75)(PG-64-28)
$302,175.00
$168,300.00
Total for South
$1,394,350.00 $1,504,900.00
MEMORANDUM
TO: Clerk to the Board DATE: February 13, 2013
FROM: Neal Bowers, Public Works Department
SUBJECT: BOCC Agenda
RE: Bid No. 1200031
Contract Extension / Renewal with Martin Marietta Materials Inc. for the 2013 Hot and Warm
Mix Asphalt Supply for the NORTH county supply.
Attached are two Contract Extension / Renewal document. Please return one signed document
to Public Works.
M Trancie\AgendaNealBowers-1 docx
CGf25en* a
D-1/1 -=7 F'a-n )
cif-05yoj
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: Weld County 2013 Hot and Warm Mix Asphalt Supply (North & South)
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2/7/13
PERSON REQUESTING; Neal Bowers, Weld County Public Works
Brief description of the problem/issue:
The original agreement for the Hot and Warm Mix Asphalt Supply (North & South) can be extended from
March 12, 2013 to March 11, 2014, as permitted by the contract. This extension would the second year of
a possible three year contract. The contract also allows for a yearly rate adjustment based upon the current
Denver/Boulder/Greeley Consumer Price Index which was a 1.7% increase from Dec. 2011 to Dec. 2012.
Asphalt Specialties (asphalt supply south) did not request an increase in price but did move plant locations.
Martin Marietta (asphalt supply north) did request an increase of 1.4% and 1.6% in price of asphalt per ton.
Bids submitted do not exceed the 2013 overlay budget $3,100,000 for asphalt purchases and BOCC approved
HRP funds for overlay projects.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The Board may either approve or deny the contract renewal/extension.
Recommendation to the Board:
I recommend approval for Asphalt specialties and Martin Marietta under the Hot and Warm Mix Asphalt
Supply (North & South) contract.
William F. Garcia, Chair
Douglas Rademacher, Pro -Tern
Sean P. Conway
Mike Freeman
Barbara Kirkmeycr
Approve Schedule
Recommendation Work Session
C,
r
M*
Comments
CONTRACT EXTENSION / RENEWAL
Hot and Warm Mix / Asphalt Supply 2013
Date: 2/4/2013
Project Hot and Warm Mix / Asphalt Supply 2013_(NORTH)
Owner: Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, Colorado 80632
Vendor: Martin Marietta Materials Inc. 925 North 35th Ave. Greeley, Colorado 80631
The following change is hereby made to the Contract Documents:
Contract Time Extension: March 12, 2013 to March 11, 2014. This is the 2°d year of a 3 year
renewable contract.
Change to Original Rate Schedule: NORTH Plant raised their prices by 1.4% and 1.6% on asphalt per ton and
held their price on emulsion. 2012 bid schedule of the original contract shall be replaced by the attached
2013 bid schedule.
CHANGE TO CONTRACT PRICE: See attached bid summary
CHANGE TO CONTRACT TIME:
The Contract time will be increased by 365 calendar days.
RECOMMENDED:
Owner Representative:
,,William . arcia, air
Supervisor: / �L ✓ . C. )—C, Date:
Director: J-Jaii/td i 1 ►,c ilL Date:
APPROVALS:
Contract Martin Marietta Materials, Inc.,-d----SSe.--
By:
Title: �/.4/,
Page 1
Date: FEB 2 .02013
.0 3
Date: 2/7,/ -�
?O/02-05yZ
C \USERSU(UNNEJEAIAPPDATA\LOCAL\MICROSOFTWINDOWS1TEMPORARY INTERNET F LEs\CONTENT. OUTLOOK\6HBSX6TB\2013ASPHALT BID
DOCNORTII (2).DOC
Hat And Warm Mix Asphalt / Asphalt Supply 2013
Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package
and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, in
ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed
by a partner. His title must appear under his signature and the official address of the partnership must be
shown below the signature. Bids by corporations must be executed in the corporate name by the president
or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below the signature. Names of all persons signing must
be printed below their signatures. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder.
BID SCHEDULE
ITEM #
ITEM
OUANTJTY
UNIT
BID PRICE
CONTRACT PRICE
PLANT LOCATION
PER UNIT
403.00
HOT MIX
ASPHALT
(GRADING-SX)
( (PG -64-22) 5)
(35 % RAP)
NORTH 0
SOUTH 0
TON
Al
v'
1 AY -
rte`
403.00
HOT MIX
(GRADINGTS)
(ASPHALT)(75)
(PG�-22)
(35% RAP)
NORTH 65,000
SOUTH 33,680
TON
438,50
C
✓ O , 500
gas ti 35
Greeley
y co
403.00
HOT MIX
ASPHALT
(GRADING-G)
(ASPHALT)(75)
(PG -64-22)
(35% RAP)
NORTH 0
SOUTH 0
TON
34
403.00
HOT MIX
ASPHALT
��)
(ASPHALT)(75)
(PG -64-28)
(20% RAP)
NORTH 9,645
SOUTH 3,300
TON
�'r ��
j 69.4 5D
9,75 4/35th
y p
reeki e o
403.00
WARM MIX
ASPHALT
(GRADING -S)
(ASPHALT)(75)
(PG 64-22)
(5% RAP)
NORTH 0
SOUTH 0
TON
r.
Ai
j3.
401.00
EMULSIFIED
(CSSCO
(TACK COAT)
35,000
GALLON
I�-
�`�
h�6f �.�J
35
Gr e;Cv
A-eettec,t- 6,1447 3 A .A4A- 2..c, )2_
BID SUMMARY
Hot And Warm Mix Asphalt / Asphalt Supply 2013
Each contractor is required to submit a bid based on the listed 2013 quantities.
The bidder awarded the (North) Hot and Warm Asphalt / Asphalt Supply 2013 Bid will also receive
the Emulsified Asphalt Bid.
I certify that the above quotation is exclusive of any federal excise taxes and all other state and local
taxes.
I further certify that the items offered for intended use by Weld County will meet all specifications it has
so indicated on this bid form.
TOTAL BID SUMMARY S 3 1 2.-7 1% (p . $Q
FIRM Martin Marietta Materials. Inc.
BUSINESS ADDRESS 1800 N. Taft Hill Rd.
CITY, STATE, ZIP CODE Fort Collins, Colorado 80521
TELEPHONE NO. 970 407-3600 FAX NO. 970 407-3902
TAXPA D. # 56-1848578
BY: p �/
TITLE
DATE: of 1 /.�
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES CERTIFICATE OF
EXEMPTION NO. 98-03551; WELD COUNTY FAX NO. (970) 352-9019.
NOTE: The following are items of work to be completed by Weld County:
Hot Bituminous Materials / Asphalt Supply 2013 Renewal (NORTH)
Bid # 1200031
Martin Marietta Materials
Greeley Plant
Greeley Plant
Item #
Item
Unit
2012 Unit Price
2013 Unit Price
403
Hot Bituminous
Ton
$37.90
$38.50
Pavement (Grading 5)
71,250 tons
65,000 tons
Asphalt (75)(PG-64-22)
$2,700,375.00
$2,502,500.00
403
Hot Bituminous
Ton
$51.00
$51.70
Pavement (Grading S)
10,750 tons
9,645 tons
Asphalt (75)(PG-64-28)
$548,250.00
$498,646.50
401
Emulsified Asphalt
Gal.
$3.60
$3.60
(CSS-1H)(Tack Coat)
40,000 Gal.
35,000 Gal.
$144,000.00
$126,000.00
Total for the North
$3,392,625.00 $3,127,146.50
MEMORANDUM
TO: Clerk to the Board DATE: March 22, 2012
FROM: Dean Dreher, Public Works Department
SUBJECT: Consent BOCC Agenda
Agreement with Asphalt Specialties Co., Inc. for the Hot and Warm Mix Asphalt / Asphalt
Supply 2012, Bid B1200031.
Also attached is the Notice of Award and Acceptance of Notice.
Attached is one original agreement.
M \Francie\AgendaDeanDreher docx
ec Pus
3/24/2_
Q967 _:11 -z25-0,2
AGREEMENT
Hot And Warm Mix Asphalt / Asphalt Supply 2012
THIS AGREEMENT, made this /Q4 day of ,AMRCj , 20 / Z .
by at d between Weld County, Colorado. hereinafter called "Owner" and
Asphair si,¢/- /2s €o.)
doing business as (an individual, 1 or (a partnership,) or (a corporation) hereinafter called "Contractor".
W'ITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: Hot And Warm Mix
Asphalt/Asphalt Supply 2012 described in the Invitation for Bids, Bid No. B1200031
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the 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 commence to supply
Hot And Warm Mix Asphalt / Asphalt Supply 2012 as specified by the Contract
Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms as shown in the Bid Schedule.
5. The term "Contract Documents" means and includes the following:
(A) Invitation for Bids
(B) Bid Proposal
(C) Bid Summary
(D) Receipt of Addenda
(E) Bid Bond
(F) W-9, Request for Taxpayer Identification Number and Certification
(G) Statement of Qualifications and Subcontractors
(H) Anti -Collusion Affidavit
I) Notice of Awards (South County / North County)
(,I) Agreement
(K) Performance Bond
(1.) Labor & Materials Payment Bond
(M) Change Order
(N) Lien Waiver
(O) Final Lien Waiver
(P) Project Special Provisions
(Q) General Conditions and Information
(R) Revision of Section 105, Claims for Contract Adjustment
(S) Revision of Section 105, Conformity to the Contract of Superpave Performance
Graded Binders
(T) Revision of Section 403, Hot Mix Asphalt
(U) Revision of Section 702, Bituminous Materials
No. . dated , 20
No. . dated 20
Page 28
6. The Owner will pay to die Contractor in the manner and at such times as set forth by the
Contract Documents, or otherwise agreed upon in writing.
This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators. successors, and assigns.
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.
Page 29
IN WITNESS AA HEREOF. the parties hereto have executed. or caused to be executed h' their dulc
authorized oihentls. this :Agreement in three 1?i copies each oirvhich shall be deemed an original on the
date first above \\ Fitton
ORDIRLD BY: .1d CEP ED BY:
111E II0:1RD OF WELD ( DL N l V COS IRAC IOR
COMIIIISSIONERS
N.-AAII: Sean P. C'omcay
IIII-E Chair
Date MAR 2 8 2012
ISFAI
,ATTEST:
Feld County Clerk to the Board
de -o ife✓ e_A nets
DeputClerk to tli Board
I Please pe)
P✓men-E
•
\DURI'SS 111100 alias sr:
BY
{Please Type)
Pace .n
NOTICE OF AWARD
Hot And Warm Mix Asphalt / Asphalt Supply 2012
(South County)
To: Asphalt Specialties Co Inc.
10100 Dallas Street
Henderson, CO 80640
Project Description:
Hot And Warm Mix Asphalt / Asphalt Supply 2012 / "South County"
The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2012, 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 $ 1,092,175.00 or as shown in the Bid
Schedule.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond,
Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said
Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The
Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 12 day of March , 2012
Weld County, Colorado, Owner
By Beam, B2vAteu
Dean Dreher, Pavement Management Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
R4pti4r492/1/,‘,442.5 go.) .
(Contractor)
Date
By:
At -4 day of tieb , 20 /
Title: 1 ✓ 0./aloviiii
NOTICE OF AWARD
Hot And Warm Mix Asphalt / Asphalt Supply 2012
(North County)
To: Martin Marietta Materials, Inc.
1800 N. Taft Hill Rd.
Fort Collins, CO 80521
Project Description:
Hot And Warm Mix Asphalt I Asphalt Supply 2012 / "North County"
The contract, Hot And Warm Mix Asphalt / Asphalt Supply 2012, 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 $ 3,441,300.00 or as shown in
the Bid Schedule.
You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond,
Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said
Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The
Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 12 day of March 2012
Weld County, Colorado, Owner
By ..Necv . oQFw,�wh.
Dean Dreher, Pavement Management Supervisor
ACCEPTANCE OF NOTICE �]
Receipt of the above Notice of Award is hereby acknowledged by 4 4a,uiS.. 44
(Contractor)
OtU,oA-oVro.nc.j C
3) zt.4j
PLOi
3 7-/d•
AGREEMENT
Hot And Warm Mix Asphalt / Asphalt Supply 2012
THIS AGREEMENT, made this /(71:31 day of 1/l/ivrz1/— , 201
7-7
by anti twee n Wel ounty, Colorado, hereinafter called "Owner" and 41,,,,s;„
doing business as an individual, ) or (a partnership,) or (a corporation) hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: Hot And Warm Mix
Asphalt/Asphalt Supply 2012 described in the Invitation for Bids, Bid No. B1200031
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the 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 commence to supply
Hot And Warm Mix Asphalt / Asphalt Supply 2012 as specified by the Contract
Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms as shown in the Bid Schedule.
5. The term "Contract Documents" means and includes the following:
(A) Invitation for Bids
(B) Bid Proposal
(C) Bid Summary
(D) Receipt of Addenda
(E) Bid Bond
(F) W-9, Request for Taxpayer Identification Number and Certification
(G) Statement of Qualifications and Subcontractors
(H) Anti -Collusion Affidavit
(I) Notice of Awards (South County / North County)
(J) Agreement
(K) Performance Bond
(L) Labor & Materials Payment Bond
(M) Change Order
(N) Lien Waiver
(O) Final Lien Waiver
(P) Project Special Provisions
(Q) General Conditions and Information
(R) Revision of Section 105, Claims for Contract Adjustment
(S) Revision of Section 105, Conformity to the Contract of Superpave Performance
Graded Binders
(T) Revision of Section 403, Hot Mix Asphalt
(U) Revision of Section 702, Bituminous Materials
No. , dated , 20
No. dated .20
Page 28
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.
Page 29
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:
THE BOARD OF WELD COUNTY
COMMISSIONERS
ACCEPTED BY:
CONTRACTOR
1fl&.AQt0. CYAt,Uf LAS, Inc.
BY r (T \ BY
NAME Sean P. Conway NAME
(Please Type)
TITLE Chair TITLE C" 7 CX\. XL_ -Q t fa,Yw-Dip(
ADDRESS 6D° 0, Tact_ I k tcI,
( NtLjto 0,0 2052 I
Date MAR 2 6 2012
(SEAL)
ATTEST: 75
Weld County Clerk to the Board
BY /Mild
Deputy Clerk to oard (Please Type)
TITLE Lc yes)
(SEAL)
ATTEST:
BY
cfuLt ViL
Mon ( ca L. U curs
Page 30
`t sndNo.016048g6I
PERFORMANCE BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2012
KNOW ALL MEN BY THE PRESENTS; that
Mori -in Marie6 Mai'erialS, Inc
(Name of Contractor)
111O War-Iiff'Rood, -Ralei k NC a7C0o7
(Address of -Contractor)
, hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
L;her-y Mukc.tcal Insurance Company
(Name of Surety)
115'3ecKeley SF,`Bos}on MA 0111(O
(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)
Three million -Pour hundred
hereinafter called Owner, in the penal sum of4br}y on{er e.e hundred and zeto Dollars, ($_3,441[
3tiO.(x), 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 IQP' day of Mara. 201O , a copy of which is hereto
attached and made a part hereof for the construction of:
Hot And Warm Mix Asphalt / Asphalt Supply 2012described in the Invitation for Bids, Bid No.
B1200031
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.
Page 31
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 there under 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.
Page 32
PERFORMANCE BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2012
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be
deemed an original, this 11444' day of March , 20 12
µark;n ttcie Ac VtaAtricks, Inc.
(Contractor)
(SEAL)
a110 oayclif'? `Road
(Witn65g 's t9 can rartnr)
`Raleigh WC ai607
wesess�Cevrirociso
ATTEST:
. tr c ) s , ipprQ.,mii
(Sure ) $6orctory (1111ness
Kr'"h W. Kreiszckmw, Cask Mona3er
(SEAL)
Witness as to Surety'Pasa Naprsle.K
a7lo Wyc I; FF?oad
(Address)
alei8h NC 07607
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners
should execute BoncL
ontractor
By
By n Creech, hssiscn� Treasurer
'iio wyclifc'Road
(Address)
n►,aleicsh NC S-►CoO1
(Address)
Byi
Attorney -in Facfl eloeCa L. GOmet 1`%
115 3er keley 54-.
(Address)
r-dosItin MA 0311(0
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Depaihuent's most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
Project is located.
Page 33
4428425
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
BYRON CREECH, TODD CRUMP, REBECA L. GOMEZ PORRAS, KRISTY W. KRETZSCHMAR, ALL OF THE CITY OF
RALEIGH, STATE OF NORTH CAROLINA
t:urlelicy rate, ltlleresl rate OF FeSluuat Value guarantees.
, each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
TWENTY FIVE MILLION AND 00/100»Y*****'*"'****'"***************** DOLLARS ($ 25,000,000.00e' *'*************** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of February
2011
LIBERTY MUTUAL INSURANCE COMPANY
By l9 --w-•'-.. 4/ -
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 28th day of February 2011 before me, a Notary Public, personally came Damet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH - -:s°�q , unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written.
— CERTIFICATE
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Teresa Pestette. Notary P,GCc
Pyim:uth Tea, Mongonwy Coemy
My Camesmn Expires Moot 28. 2015
Mom,, Pen)',, o A,aoc, tis, e, NoM'Iti
By /4'
Ter sa Pto a, Notary Public
I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN T TIMONY WHEREOF,II have hereunto subscribed my name and affixed the corporate seal of the company this 't-4 day of
By
Davi M. Carey, Ass" Secretary
bond No. 0160489(0
LABOR & MATERIALS PAYMENT BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2012
KNOW ALL MEN BY THE PRESENTS; that
Mar -4 -in Mariea Pla+eriats, Znc.
(Name of Contractor)
a'11D (IUycl'ic-C'Rd."i-,aleisk NC 27607
(Address of Contractor)
hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
1.ibe_r1-y Mutual Insurance Cornpany
(Name of Surety)
115eBerKeley S#, tosk'on MA da11G
(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 " Ibree n,tNjprl four hundred 4ork-y one.
4housand4hree hundred and zero Dollars, ($31Li I, W.
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 l&x day of M arch 2012 , a copy of which
is hereto attached and made a part hereof for the construction of:
Hot And Warm Mix Asphalt / Asphalt Supply 2012 described in the Invitation for Bids, Bid No. B1200031
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 there under 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 maybe unsatisfied.
Page 34
(SEAL)
LABOR & MATERIALS PAYMENT BOND
Hot And Warm Mix Asphalt / Asphalt Supply 2012
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed
an original, this II -1* day of IAcrck 20 ti.
Martin 14aic-1la Mci!eriatls,.Inc.
Contractor
3-1'OWye 1ic; `Road
By _
Creec%nt Ass\starrir Treasurer
911d ooyel;c-r`Road
(fir) (Address)
e aleil NC- 3-7(OO1
.�/� (Address)
tu: 1as + TL)
ATTEST:
(Su�ry&ty) $ecretaxyCuu4ness
krisly W- Kreltsclnrsor, Cosi, Mano3er
(SEAL)
Witness as to Surety `1R0An Mapr>$e
aiiO c,uycl,ffrRood
(Address)
rj aletsh NC- a16o1
cI gte is3 n WC 2-tGoi
By W"^t
Attorney -in -Fact
(istarKeley 5 .
(Address)
c-t3os to MH °AU&
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.
Page 35
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
4428424
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
BYRON CREECH, TODD CRUMP, REBECA L. GOMEZ PORRAS, KRISTY W. KRETZSCHMAR, ALL OF THE CITY OF
RALEIGH, STATE OF NORTH CAROLINA
each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
TWENTY FIVE MILLION AND 00/100*"*****" ********** *********"*** DOLLARS ($ 25,000,000.00"'"'"*'**' '**'*** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of February
2011
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
LIBERTY MUTUAL INSURANCE COMPANY
By
Garnet W. Elliott, Assistant Secretary
4/ -
On this 28th day of February , 2011 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written
COMMONWEALTH Or PENNSYLVANIA
Natalia Seal
Teresa Pastell, Notary Plcuc
Rymajt Twp.. Mantjmmay Sammy
My Omenession Swim Mae], 2B.. 201S
mamma Fpm"yhan. aswaa, , M Neiman
CERTIFICATE
By /4'
td/4 ja&A.46
Ter sasa P�Notary Public
I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed. �r 1
IN T, TIMONY WHEREOF IO have hereunto subscribed my name and affixed the corporate seal of the said company this '' day of
h n H
By
Davi M. Carey, Ass" t Secretary
COLORADO
MEMORANDUM
TO: Pat Persichino DATE: February 27, 2012
Director of Public Works
FROM: Dean Dreher, Pavement Management Supervisor
SUBJECT: Hot Bituminous Material / Asphalt Supply for 2012
On February 24, 2012, the bids were opened for the Hot Bituminous Material / Asphalt Supply for 2012. The low bids
submitted do not exceed the adopted 2012 budget of $3,100,000 for asphalt purchases and allotted grant funding.
Below are the respective bids:
VENDORS
Asphalt Specialties Co.
10100 Dallas St.
Henderson, CO 80640
Martin Marietta Materials, Inc.
925 North 35th Avenue
Greeley, CO 80631
Connell Resources, Inc.
4305 E. Harmony Rd
Fort Collins, CO 80528
Public Works
Estimate
PLANT LOCATION UNIT PRICE PER TON
South (WCR 8, Erie) $ 43.00
South (Quince St. Henderson) $ 39.00
North (Greeley)
South (No Bid)
North (Harmony & 1-25)
South (No Plant)
North
South
$37.90
$ 0.00
$ 51.00
$ 0.00
$ 35.00
$ 35.00
o/2 —G°�
\Documents and Settings \egesick\Local Settings\Temporary Internet Files \ContentOutlook\M4M2CSX8\2012 Asphalt rec ven.docx
The lowest bid for the North material supply was submitted by the Martin Marietta Materials Inc. (Formerly known as
Lafarge) Lafarge was recently purchased by Martin Marietta Materials Inc. They are utilizing the same personnel and
equipment. The Public Works Department has purchased asphalt materials from the low bidder on numerous occasions
with satisfactory results. The Public Works Department recommends Martin Marietta Materials Inc. be awarded the bid
for the North material supply. Unit prices are shown in the attached summary.
Martin Marietta Materials, Inc. north plant is located at N.35[h Ave, Greeley.
The lowest bid for the South material supply was submitted by the Asphalt Specialties Inc. The Public Works Department
has purchased asphalt materials from the low bidder on numerous occasions with satisfactory results. The Public Works
Department recommends Asphalt Specialties Inc. be awarded the bid for the South material supply. Unit prices are shown
in the attached summary.
Asphalt Specialties south plants are located at WCR 8 just west of 1-25 and also at Henderson at the north end of Denver.
The emulsion will be awarded to the low bidder Martin Marietta Materials Inc.
The Public Works Department recommends that the bid be awarded as listed below based on the unit prices shown in the
attached summary.
Summary / Recommendations:
Public Works recommends that contracts be awarded as follows:
Vendor
Cost
NORTH SUPPLY
$3,441,300.00
Martin Marietta Materials, Inc. (87,000 tons (Gr S only)
@ $37.90/ton of asphalt = $3,297,300
Emulsion oil 40,000 Gallons @ $3.60 per gal) = $144,000
Martin Marietta Materials Total =$3,441,300.00
SOUTH SUPPLY
$1,092,175.00
Asphalt Specialties (27,225 total tons of asphalt,
Gr S only) No Emulsion
Erie Plant 7600 ton @ 43.00/ton = $326,800
Henderson Plant 19,625 @ $39.00/ton = $765,375
Asphalt Specialties Total = $1,092,175.00
Total
$4,533,475.00
C:\Documents and Settings\egesick\Local Settings\Temporary Internet Files \Content.Outlook\M4M2CSXS\2012 Asphalt rec ven.docx
N
O
N
N
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BID PROPOSAL
N
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f
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2
Y
i
Henderson South Plant
Sub Total
o
o
G
69
$302,175.00
$534,300.00
o
0
o
N
o
0
O
N
Unit Price
0
0
O
69
$51.00
$39.00
13,700
Tons
0
0
O
(A
0
0
O
N
Erie WCR 8 South Plant
Sub Total
0
O
S
00
0
69
0
0
0 0
N
FJ
69
o0
0
N
0
0
N
Unit Price
0
o
69
$55.00
0• CD O 0
" co o
InI
0
O
N
0
O
N
Harmony
& I-25 North Plant Plant
Sub Total
O
O
N
O
O
N
O
O
O
O
O
69
O
O
N
Unit Price
0
0
0
N
0
0
0
N
0
0
0
a
0
0
0
69
0
0
0
69
Sub Total
0
O
O
N
0
O
0
e
N
$2,817,750.00
O
0
N
O
0
N
Unit Price
0
0
o
69
0
O
69
0
69
0
0
O
N
0
0
O
49
c
to
LL
Sub Total
0
o
0
69
O
0
0
N
O
0
0
N
O
0
0
69
O
0
0
69
Unit Price
0
O
O
69
0
0
O
N
0
0
O
N
0
0
o
N
0
0
O
CO
Greeley
925 N 35th
ave North Plant
Sub Total
$821,100.00
$580,500.00
$2,093,975.00
o
o
69
0
0
0
0
v
1-9
Unit Price
O
0
a
O
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w
$37.90
0
0
w
0
CD
49
Quantity
South
0
N
CD
Id
O
0
CO
1-
0
0
Quantity
North
00
O
N
U)
N
0
55,250
o
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0
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0
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O
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C
E
2
WARM MIX
IASPHALT(GRADING S)
I,(ASPHALT) (75) (PG -64-
22)
HOT MIX ASPHALT
(GRADING SX)
(ASPHALT) (75) (PG-64-
28)(20%RAP)
HOT BITUMINOUS
PAVEMENT (GRADING
S) (ASPHALT) (75) (PG -
64 -22)
HOT BITUMINOUS
PAVEMENT (GRADING
G) (ASPHALT) (75) (PG -
64 -22)
EMULSIFIED ASPHALT
(CSS-1H) (TACK COAT)
Item
Number
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Asphalt Specialties
Martin Marietta Materials
Henderson South Plant
.0
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N
O
N
M
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N
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0
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0
69
Erie WCR 8 South Plant
f
a
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N
69
m
0
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NF
O
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f
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69
0
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69
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North Plant
a
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• North Plant is Greeley I Windsor Area
• South Plant Is Erie Areal North Denver
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$3,441,300.00
$1,092,175.00
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$3,441,300.00
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$4,533,475.00
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2012 HBP Bid Tab.xlsAlt 4
2012-0542
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PLANT SITES FOR:
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TOTAL BID SUMMARY:
$3,639,575.00
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$4,276,625.00
PUBLIC WORKS ESTIIMATE-
BIDS ARE BEING REVIEWED AT THIS TIME.
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