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Home My WebLink About20121087.tiff 86i MEMORANDUM -o—c5 COUNTY TO: Clerk to the Board DATE: June 12,2012 FROM: Josh Holbrook,Public Works Department SUBJECT: BOCC Agenda Agreement-Bid No.B 1200072 Please submit the attached item for the BOCC's next agenda. Two original, signed agreements with Connell Resources, Inc. for the 2012 Aggregate Crushing and Stockpiling of Class 6 Road Base in the amount of$67,500.00. This bid was approved on May 9,2012. Please return one signed original agreements to Public Works. M:\Steve\Class6 Road Base Contract\B0CCAgendaCoverMemo-l.docx i � !�\ C a-fie s 7 '' • QLk /, — 1 � � t ;� t c_ 1��-�a AGREEMENT Class 6 Road Base Supply THIS AGREEMENT, made this day of , 20 , by and between Weld County, Colorado, hereinafter called "Owner" and L nnei Re 561t)ttt . I LNG • doing business as (an-indivr1tt3t, 1--or—Ea-portnershirr;) 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: Aggregate Crushing and Stockpiling of Class 6 Road Base described in the Invitation for Bids, Bid No. B1200072 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 Class 6 Road Base Supply 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) Bid Bond (E) W-9, Request for Taxpayer Identification Number and Certification (F) Statement of Qualifications and Subcontractors (G) Anti-Collusion Affidavit (H) Notice of Award (I) Agreement (J) Performance Bond (K) Labor& Materials Payment Bond (L) Change Order (M) Contract Renewal (N) Lien Waiver (O) Final Lien Waiver (P) Project Special Provisions (Q) General Conditions and Information (R) Section 703,Aggregate (S) Revision of Section 105, Claims for Contract Adjustment No. , dated , 20 No. , dated , 20 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. Page 2 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 CONTRACTOR : ankle lI its ourCeSS-ne• WELD COUNTY COMMISSIONERS .--75- C BY , BY ...-c„..- NAME Sean P. Conway NA a-0tirt 444rPerk P (PledE/1 T/ TITLE Chair TITLE r,C P� res� Date JUN 182012 ADDRESS 7785 ��IhtMia%is i labs ,' ' �,. , (SEAL) i "'a., y A �> (SEAL) ATTEST: ATTEST: Weld County Clerk to the Board BY 7'12/M ` IA.2 BY Doug ierb5d/1. Deputy Clerk to. e Board (Piffle Type) y/ TITLE 5 n/- 6 rre 17 M:\Steve\Class 6 Road Base Contract\2012 Class 6 Gravel Supply.docx / Page 3 Bond No. 105759952 PERFORMANCE BOND Class 6 Road Base Supply KNOW ALL MEN BY THE PRESENTS;that Connell Resources, Inc. (Name of Contractor) 7785 Highland Meadows Parkway, Suite 100,Fort Collins, CO 80528 (Address of Contractor) ,hereinafter called Contractor, and a orporatio artnership, or Individual) Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square,Hartford, CT 06183 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld Cow tv,Coiorn& (Name of Owner) 1111 H Street.P,O.Box 758.Greeley,Colorado 80632 (Address of Owner) hereinafter called Owner,in the penal sum of Sixty-seven thousand five hundred and 001100 Dollars, ($ 67,500.00 ), 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 , 20 ,a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1200072 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, ail 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 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 4 • PERFORMANCE BOND Class 6 Road Base Supply IN WITNESS WHEREOF,this instrument is executed in five (5) counterparts, each one of which shall be deemed an origin 's day of ,20 r Connel 'esou' •s, Inc. Ito/ By Contractor A,4 (Con J r) Secretary (SEAL) 7785 Highland Meadows Parkway, Suite 100 (Witness as to Con tor) (Address) Fort Collins, CO 80528 (Address) A ST: (Surety) WAX itness (SEAL) Travelers Casualty and Surety Company of America ( Zf Iga Witness as to Surety Attorney-in-Fact Diane F.Clementson 4821 Wheaton Drive One Tower Square (Address) (Address) Fort Collins, CO 80525 Hartford, CT 06183 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 5 Bond No. 105759952 LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply KNOW ALL MEN BY THE PRESENTS;that Connell Resources, Inc. (Name of Contractor) 7785 Highland Meadows Parkway, Suite 100, Fort Collins, CO 80528 (Address of Contractor) ,hereinafter called Contractor,and orporahon, artnership,or Individual) Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (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 Sixty seven thousand five hundred and 00/100 Dollars,($ 67,500.00 ),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 , 20 ,a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1200072 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, frms, 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 may be unsatisfied. Page 6 LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original, this day of 20 . Connel eso rtes, Inc. ntr r By (Contractor)Secretary (SEAL) ,,DQ/yA Q. C.--�^ '—`�,.�' 7785 Highland Meadows Parkway, Suite 100 (Witness as to 9 (Address) Fort Collins,CO 80528 (Address) . • ATTEST: 61,WJAAJL (Surety)a 4ie s (SEAL) Travelers Casualty and Surety Company of America 4-e q WA-4- Ig6e By c,. Witness as to Surety Attorney-in-Fact Diane F.Clementson 4821 Wheaton Drive One Tower Square (Address) (Address) Fort Collins,CO 80525 Hartford, CT 06183 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 7 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ^� POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 0 u -� � 4 4975 Attorney-In Fact No. 223049 Certificate No. t KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa.and that Fidelity and Guaranty Insurance Underwriters, Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies'),and that the Companies do hereby make,constitute and appoint Darlene Krings,William C.Bensler, Kelly T. Urwiller, Diane F.Clementson,Anthony P.Stimac, Royal R.Lovell,Jennifer Winter, Russell D. Lear, Katherine E Dill,Brandi J.Tetley,and K'Anne E.Vogel of the City of Greeley , State of Colorado .their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 16th IN WITNESS WHEREOF,the Companies have caused this instrument to he signed and their corporate seals to be hereto affixed,this December 2011 day of Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company /u. ossus4, L. 1`N. 64 ,p��9-1MSG9 JP�Ixs 4\ e��tV lho t` `haCiWt,V -v/ st 6' n ,Malm D after C.�j Q 1'"'"te T 1911 O`�t u, f 12 �_ PaU1rFOfl0 I1/4WY4�. rt, 1Lt!✓$ 1982 0 M1_, .ys m a,SF:ALitoJ S sBRL+i• CMN > lid 1951 Yy ,,Y �J � f`.sn '.. ct �IS.ANVjJ fS. .. � � V'F� State of Connecticut By: City of Hartford ss. Georg Thompson, nior ice President 16th December 2011 On this the day of , , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farrington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St- Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instmmenl for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET n w� �� /1 ,�J\ I. //�y In Witness Whereof,I hereunto set my hand and official seal, ' . 'TM e w" C • V��' My Commission expires the 30th day of June,2016. O'°MOO t Marie C.Teucault,Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.. St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, Si. Paul Mercury Insurance Company.Travelers Casualty and Surely Company,Travelers Casualty and Surety Company of America, and United Stales Fidelity and Guaranty Company.which resolutions are now in full force and effect.reading as follows: RESOLVED,that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances.contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking.and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED,that the Chairman.the President.any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond.recognizance.contract of indemnity,or writing obligatory in the nature of a bond,recognizance.or conditional undertaking shall he valid and binding upon the Company when(a)signed by the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(h)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President.any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary.of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc„St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _day of .20 . Kevin Hughesistant Sec tary 0.604r ` . „ �. 6 pO\M_ MSU9 , 51:9 9,0,Asia xmra, 4rytYA,eo 2 Y� ' 6 n to\ MCtliUR/tFD 1 L vo4rF:, 1441"") 441 Fo m�'+ 'l ��', "st 0 3983 0 d 1951 ti a>!`• se AL sBxL•. coax e N� •...... "a o �s , A a11l Al To verify the authenticity of this Power of Attorney,call I-80(1-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Client#: 14427 CONREI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE AWD�fY"I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NONE: Nikki Mosbrucker Flood&Peterson Ins., Inc. a"NN EX t: FAX,No): 970.506-6823 P.0. Box 578 AEraEss, nikki.mosbrucker@fpinsurance.com Greeley,CO 80632 PROODUCERID#: FTC full cart CUTME970356.0123 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Travelers Insurance Company Connell Resources,Inc. INSURER a:Pinnacol Assurance 7785 Highland Meadows Parkway INSURER C: Fort Collins, CO 80528 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY Ems) POLICY LIMITS TR JISR /WD J A GENERAL LIABILITY DTCO4794N532- 06/01/2011 06101/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY IND11 PREMISES Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,n000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG s2,000OOO —1 POLICY X PEa LOC $ A AUTOMOBILE UABILITY DT8104794N532- 06/01/2011 06/01/2012 COMBINED SINGLE LIMIT $ (Ea eocidenl) 1,000,000 TIL11 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS X Drive Other Car $ A X UMBRELLA LIAB X IOCCUR DTSMCUP4794- 06/01/2011 06/01/2012 EACH OCCURRENCE $10,000,000 7 EXCESS LIAB CLAIMS-MADE N532TIL11 AGGREGATE 810,000,000 DEDUCTIBLE $ RETENTION $ $ B WORRERSCOMPENSATION 4029651 06/01/2011 06/01/2012 X IWR TU- IOTH- AND EMPLOYERS'LIABILITY TORY LIMITS FR YIN E.L.EACH ACCIDENT $500,000 OFFIANVCERJMEMBERIEXCLUDEDXECUTNE (Mandatory in NHR EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 I(yes,describe under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,II more space is required) RE: Class 6 Road Base Supply; Bid#B1200072 Weld County,Colorado, by and through the Board of County Commissioners of the County of Weld, its officers (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County,Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1111 H Street ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 758 Greeley,CO 80632 AUTHORIZED REPRESENTATIVE @ 1988.2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S697005/M615935 NIK DESCRIPTIONS (Continued from Page 1) and employees are included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. AMS 25.3(2009/09) 2 of 2 #S697005/M615935 86X MEMORANDUM . O�.N T Y TO: Clerk to the Board DATE: June 12, 2012 FROM: Josh Holbrook, Public Works Department SUBJECT: BOCC Agenda Agreement - Bid No. B 1200072 Please submit the attached item for the BOCC's next agenda. Two original, signed agreements with L. G. Everist, Inc. for the 2012 Aggregate Crushing and Stockpiling of Class 6 Road Base in the amount of$62,500.00. This bid was approved on May 9, 2012. Please return one signed original agreements to Public Works. M:\Steve\Class6 Road Base Contract\BOCCAgendaClass6RoadBaserMemo-l.docx AGREEMENT Class 6 Road Base Supply THIS AGREEMENT,made this S- day of -✓i" NC- ,20 /2,by and between Weld County,Colorado,hereinafter called"Owner" and ,e,G .Fuer,572 TN c 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: Aggregate Crushing and Stockpiling of Class 6 Road Base described in the Invitation for Bids, Bid No. B1200072 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 Class 6 Road Base Supply 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) Bid Bond (E) W-9, Request for Taxpayer Identification Number and Certification (F) Statement of Qualifications and Subcontractors (G) Anti-Collusion Affidavit (H) Notice of Award (I) Agreement (J) Performance Bond (K) Labor&Materials Payment Bond (L) Change Order (M) Contract Renewal (N) Lien Waiver (O) Final Lien Waiver (P) Project Special Provisions (Q) General Conditions and Information (R) Section 703,Aggregate (S) Revision of Section 105, Claims for Contract Adjustment No. , dated ,20 No. , dated ,20 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. Page 2 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 CONTRACTOR WELD COUNTY COMMISSIONERS BY cc—D- • r/ C— BY NAME Sean P. Conway v NAME /i IT;7n l,_ ,7 e e v e r (Please Type) TITLE Chair TITLE 5ia-/€5 /?7,4t/a yP/ Date 'JUN 18 2012 ADDRESS z , 6 , E eri s .f.Z4../c. 4 a 732 / � e8rA4ue. 5'H,'f{ zoo r, Ne�0/Qr.so Co cFQ 7O � 1ui 4Z� �C / • :4 SEAL 'z==: ' (SEAL) `C (� ": .,. `� (SEAL) �e�_. _ c cA (if ? 7' ATTEST: "T__Tel.,...„...c0T: _ �'�aWeld County Clerk to the Board •4_,,,,,, �_ i's, VI -r.. n t.V . BY ��/�d'l BY 0.p r rl ;s 1::: e_ 1 d 1 Deputy Clerk to e Board (Please Type) TITLE up mpu.. ;,, /01,5iow M:A Steve A Class,6 Road Base Contract A2012 Class 6 Gravel Supply.docx Page 3 ao/a-/T/ PERFORMANCE BOND Class 6 Road Base Supply KNOW ALL MEN BY THE PRESENTS;that L. G. Everist, Inc. (Name of Contractor) PO Box 5829 (Address of Contractor) Sioux Falls SD 57117-5829 .hereinafter called Contractor, and a(Corporation, Partnership.or Individual) Travelers Casualty And Surety Company of America (Name of Surety) One Tower Square, Hartford CT 06183-6014 (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 Sixty Two Thousand Five Hundred Dollars & no/10Dollars, ($62,500.00 ), 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 23rd day of May , 20 12 , a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No. B1200072 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 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 4 PERFORMANCE BOND Class 6 Road Base Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original,this 23rd day of May . 2012 . L. G. Everist, Inc. - �- <24 ctor JC Ik �� ( By /i �/j, (Contractor) SecretanyY1,c-P -74.2.., (SEAL) /� C/L Iz ZL� L / z e 111- - ,,,,,,,,,,,, . 7 ?. G • �fr'dA/c it LL feG �' yitness as to Contractor) ,j.SN1A_�y;R (Address) ee ?Oi CI NOTA: . /Ai .�,.r (Address) ///"Aid 4,[r j /C24 ,2 , l--/t___. +.,PUBLIC di 6`" .17 ATTESTl: sy- T.M. Critt den, Notary Public Commissi: -April 14, 2015 (SEAL) -BY Witness as urcty J.A. Miller Attomcvtin-Fact W.W. Townsend 1501 S 1st Ave. PO Box 5113 (Address) (Address) Sioux Falls SD 57105 Sioux Falls SD 57117-5113 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 Treasure- Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Page 5 LABOR &MATERIALS PAYMENT BOND Class 6 Road Base Supply KNOW ALL MEN BY THE PRESENTS;that L. G. Everist, Inc. (Name of Contractor) PO Box 5829 (Address of Contractor) Sioux Falls SD 57117-5829 .hereinafter called Contractor,and a(Corporation.Partnership.or Individual) Travelers Casualty And Surety Company of America (Name of Surety) One Tower Square, Hartford CT 06183-6014 (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 Sixty Two Thousand Five Hundred Dollars and no/100 Dbllms. ($ 62,500.00 ),in tau fill 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 23rd day of May . 20 12 . a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid. Bid No.B1200072 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 beneficial):hereunder.whose claim may be unsatisfied. Page 6 LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply IN WITNESS WHEREOF, this instrument is executed hi five (5) counterparts, each one of Much shall be deemed an original, this 23rd day of May . 2012 L. G. Everist, Inc. tractor , ALL/67°1(4thj By /16-1'n- iC>' (Contractor) Secretary 4/Lowtel tti (SEAL) OO 7tr- 4t,,c_( /7 i (tit -1-i4._ ,o1NIA• '73. I .gl lit.iY . ;6)o (Witness as to Contractor) p (Address) /-i .12U'T��,,ni >/l%/2 t -Er / NOTARY .1 yvailet.a..er �� 4 yU c): ,/ ( C dm t "fir? 6 pFCa� ATTEST: 1 ,i / ce ?./-!J (<�!t7 )2 T.M. Critte den, Notary Public Commissio -April 14, 2015 (SEAL) Bc r(A./ --, O h Witness as to Surety . Miller Attorney-in-Fact W.W. T wnsend 1501 S 1st Ave. PO Box 5113 (Address) (Address) Sioux Falls SD 57105 Sioux Falls SD 57117-5113 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 Stale where the Project is located. Page 7 • ' • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Alk POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company 4 6 9 Attorney-In Fact No. 224581 Certificate No. 00 7 2 01 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota.that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc.. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies").and that the Companies do hereby make,constitute and appoint J. E.Jencks,G. M.Joyce,G. A. Loos,Jack E. Miller,J. D. Muller,C. A. Reaves,J. J. Scherschligt, Roger Starks, W.W.Townsend, and J. A. Miller of the City of Sioux Falls .State of South Dakota , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 17th IN WITNESS WHEREOF,the Companies have caused this instrument to he signed and their corporate seals to be hereto affixed,this day of January 2012 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company /�.. a Y Ani,tea_ ;! 1 h„ \\isM�x�i 1.,;..\\�.., t° r Awl State of Connecticut By: - - City of Hartford ss. Georg Thompson.senior ice President On this the 17th day of January 2012 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such,being authorized so to do, executedthe foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as aw duly y�authorized officer. In Witness Whereof,I hereunto set my hand and official seal. \ �W w" `� . i. My Commission expires the 30th day of June,2016. Oa0 * \Marie C.Tetrcaull.Notary Public t 58440-6-11Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDFR • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary',of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. n IN TESTIMONY WHEREOF,[have hereunto set my hand and affixed the seals of said Companies this 23RD day of MAY ,20 12 Kevin E Hughes,Assistant Sec tary LI.SUh,e . , 1 JeSA *j. \M IMSL9\!'� j/J „, JP,/. "\h°° $5111�WfD ��.y� ((� ° o ( `MNiPoR/1E0 P° c�.) t1' rpvvonngrE9 of /31 EH41ti0R\^� 3 '5 s 6 7951 • SeaLaeo}Il 'City cwx P ¢ m ' rtcrt'H ! m ,/ ;t7,1:.>"f . �V k A o 4s, •'. / %�tf)P To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at wwww.t.t..avelersbond.com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER MEMORANDUM COUNTY TO: Pat Persichino, Director of Public Works DATE: May 7, 2012 FROM: Joshua Ilolbrook,Construction Inspection Supervisor SUBJECT: Class 6 Gravel Supply for 2012 (BID REQUEST NO. B1200072) On April 2515,2012,the bids were opened for the Class 6 Gravel Supply for 2012. Below are a list of bids that where submitted. VENDORS PLANT LOCATION UNIT PRICE PER TON L.G Everist Inc. South(WCR 26 Longmont Plant) $6.25 7321 E.88th Avenue Suite 200 South(WCR 7 Longmont Plant) $6.90 Henderson,CO 80640 South(WCR 18 Ft.Lupton Plant) $6.90 Connell Resources,Inc. North(Hwy 392 and CR 13-Serfir Pit) $6.75 7785 Highland Meadows Pkwy North(1-25 Frontage Rd-Cart Pit) $6.75 Suite 100 Fort Collins,CO 80528 Dietzler Construction North(WCR 95 and 96(Thomas Pit) $ 10.50 1306 S.Main Street Torrington,WY 82240 The lowest bid for the South material supply was submitted by L.G Everist Inc. The Public Works Department has purchased materials from the low bidder on numerous occasions with satisfactory results.The Public Works Department recommends L.G Everist Inc.be awarded the bid for the South material supply. L.G.Everist Inc.South plant is located at 6254 WCR 26,Longmont CO. The lowest bid for the North material supply was submitted by Connell Resources Inc.The Public Works Department has purchased materials from the low bidder on numerous occasions with satisfactory results. The Public Works Department recommends Connell Resources Inc. be awarded the bid for the North material supply. Connell Resources Inc.North gravel it is located at 64026 I-25 Frontage Rd. The Public Works Department recommends that the bids be awarded as listed below based on the unit prices shown in the summary. Summary/Recommendations: Public Works recommends that contracts be awarded as follows: Vendor Cost NORTH SUPPLY Connell resources Inc. 10,000 tons @$6.75/ton $67,500.00 Can Pit-64026 I-25 Frontage Rd. SOUTH SUPPLY L.G.Everist Inc. 10,000 tons @ 6.25/ton 6254 WCR 26,Longmont Plant $62,500.00 Total $130,000.00 9M:v tevcAClass 6 Road Base ContractAContract Docs\2012 class 6 rec ven.docx �� j00/.� E� ooh 0 0 0 O O 0 0 0 0 O O O O 2 A co co En m (0 o in a) o r o h 0 or En no v U N co cN- m v °' OS N E c»c»e ED U J EA EA EA 0 = CO I— O_ = 0 c E N o c .15 O O F O O in r) C) 0 co t co 0 ,0 co o• C aO» 69Fn V696 � 09 0 N N O o U a O N _ O • cC O O N � C0M') (Oct M00) 0 . 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