HomeMy WebLinkAbout20100341.tiff cStitg
MEMORANDUM
WI`De
COLORADO
TO: Clerk to the Board DATE: March 14, 2011
FROM: Dean Dreher, Pavement Management
SUBJECT: Agenda Item
Renewal(South County)Agreement with Asphalt Specialties Company,Inc. for the Hot Bituminous
Material/Asphalt Supply for 2011 in the amount of$1,005,000.00.
Attached:
• One executed original Agreement
• Notice of Award
• Performance Bond
• Labor and Materials Payment Bond
• Power of Attorney
M:\Francie\Agenda Itcr-2.doc
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AGREEMENT
Hot Bituminous Material//Asphalt" Supply for 2011
THIS AGREEMENT,made this /-51 day of /14,et 1 , 20 / 1 ,
by and between Weld County, Colorado,hereinafter called"Owner" and
/tspha /T 5p Pte!lA-r-hk 5 et, p 4U,
doing business aS(an individual,) or (a p na ei[ rshio,) 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 Bituminous Material /
Asphalt Supply for 2011 described in the Invitation for Bids,Bid No.B1000052
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 Bituminous Material / Asphalt Supply for 2011 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:
AA) Invitation for Bids
—(B) Bid Proposal
,(C) Bid Schedule/Alternates/ Summary
/(D) Receipt of Addenda
i(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 403,Hot Bituminous Pavement
(T) Revision of Section 403, Hot Mix Asphalt
(U) Revision of Section 401,Tolerances for Hot Mix Asphalt
(V) Revision of Section 109, Asphalt Cement Cost Adjustment
(W) Revision of Section 105, Conformity to the Contract of Superpave Performance
Graded Binders
(X) Revision of Section 105,Conformity to the Contract
3i,42 DI I E C)(36
- GiQ 0 3 L
(Y) Revision of Section 401,Cold Bituminous Pavement
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.
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.
M:\Maintenance Contracts\Asphalt Contract\2010\FlotBitununousMaterial-AsphaltSupply2010.docx
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the
date first above written.
ORDERED BY: ACCEPTED BY:
THE BOARD OF WELD COUNTY CONTRACTOR
COMMISSIONERS J/
BOW/42A- 1 11 � .(/ -- BY �i`fit//Pl / id I arr
NAME Barbara Kirkmeyer NAM
lease Type)
TITLE Chair TITLE 99-ea tat
Date MAR 2 1 2011 ADDRESS /0/OD b04.4,45 ST,
gerlle-rso✓1 el) �r, E
t E
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* CORPORATE on
(SEAL) 1861 i,LI (SEAL) SEAL
��r`�bait 1992
ATTEST: / 'Cie� ATTEST: n COI ORAOp
Weld County Clerk to the Board 7 LA ltIL- ✓--k
BY BY Ev- kic V I Cv,yv i (I c C
Deputy Clerk to t Board (Please Type) 1J
TITLE c.).-0 k-Z,_l IJ\, ( cl' %k1^CI,kl l./
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NOTICE OF AWARD
Hot Bituminous Material/Asphalt Supply for 2011
(South County)
To: Asphalt Specialties Co.
10100 Dallas Street
Henderson,CO 80640
Project Description:
Hot Bituminous Material/"South County"Asphalt Supply for 2011
The contract, Hot Bituminous Material / Asphalt Supply for 2011, 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 arc hereby notified that your Bid has been accepted in the amount of$ 1,005,000.00 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 arc required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this 22"J day of February ,2011
Weld County. Colorado,.O er
B ( `C
Dean Dreher. Pavement Management Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
vbe2.1A,,eit 7it's144,it. •
ontra or)
Dated thi / r y of /1/4"'" A '0 / 1
By: �i/ +47,_02,
i,f31 Title: c'i1'
Y C
r' C!
Bond Number: 929521083
PERFORMANCE BOND
Hot Bituminous Material/Asphalt Supply for 2OXO(2011
KNOW ALL MEN BY THE PRESENTS;that
Asphalt Specialties Co., Inc.
(Name of Contractor)
10100 Dallas Street, Henderson, CO 80640
(Address of Contractor)
Corporation ,hereinafter called
Contractor,and a (Corporation,Partnership,or Individual)
Western Surety Company
(Name of Surety)
P.O. Box 5077, Sioux Falls, SD 57117-5077
(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 S0632
(Address of Owner)
hereinafter called Owner,in the penal sum of One Million Five Thnucand and 00/inn Dollars,($ 1,005,000.00
), in lawful money of the United States of America,for the payment of which sum well and truly
to be made,we hind 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
Hot Bituminous Material / Asphalt Supply for 2ARKdescrbed in the Invitation for Bids, Bid No_
B1000052- 2011
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 33
Bond Number:929521083
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 34
•
•
Bond Number: 929521083
PERFORMANCE BOND
Hot Bituminous Material/Asphalt Supply for 10)0(2011
IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be
deemed an original,this day of ,20
Asphalt Specialties Co., Inc.
Contractor
By
• (Contractor)Secretary
(SEAL) •
10100 Dallas Street
(Witness as to Contractor) (Address)
10100 Dallas Street Henderson, CO 80640
(Address)
Henderson, CO 80640
ATTEST:
N/A Western Surety Company
(Surety)Secretary Surety
(s ) (1,t 5/11, .r-e, By WAI4ttliC
Witness as to Surety hristine A. Martinez Attorney-in- act Florietta Acosta
720 S. Colorado Blvd., 600N • P.O. Box 5077
(Address) (Address)
Denver. CO 80246 Sioux Falls, SD 57117-5077
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
Bond Number 929521083
LABOR dr MATERIALS PAYMENT BOND
Hot Bituminous Material/Asphalt Supply for (2011
•
KNOW ALL MEN BY THE PRESENTS;that
Asphalt Specialties Co., Inc. -
(Name of Contractor) .
•
10100 Dallas Street, Henderson, CO 80640
(Address of Contractor)
Corporation hereinafter called
Contractor,and a(Corporation,Partnership,or Individual)
Western Surety Company
(Name of Surety)
P.O. Box 5077, Sioux Falls, SD 57117-5077
(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 One Million, Five Thousand and 00/100
Dollars,(5 1,005,000.00 ),
in lawful money of the United States of America,for the payment of which sum well and truly to he 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
Hot Bituminous Material/Asphalt Supply for)OOptdescribed in the Invitation for Bids,Rid No.81000052
2011
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 acrees 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 36
Bond Number:929521083
LABOR&MATERIALS PAYMENT BOND
Hot Bituminous Material/Asphalt Supply for 7XE(2011
IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed
an original, this day of 20
Asphalt Specialties Co., Inc.
Contractor
By
(Contractor)Secretary
(SEAL)
10100 Dallas Street
(Witness as to Contractor) (Address)
10100 Dallas Street Henderson, CO 80640
(Address)
Henderson, CO 80640
ATTEST:
N/A Western Surety Company
(Surety)Secretary Surety
•
(SEAL)
"Az,.
Z/ By
i s as to surety Christine A. Martinez Attorney-in-Fact orietta Acosta
720 S. Colorado Blvd., 600N P.O. Box 5077
(Address) (Address)
Denver, CO 80246 Sioux Falls, SD 57117-5077
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 37 •
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
J R Richards, Florietta Acosta, Anne E Hill, Frank C Penn, Mark Sweigart, Donald
E Appleby, Dilynn Guern, Kevin W Mc Mahon, Susan J Lattarulo, Tiffany Mc Gonigle,
Sarah Brown, Individually
of Denver,CO,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 6th day of August,2010.
WESTERN SURETY COMPANY
,,uiiErrk
/
�•n 0s+o Paul .Bruflat,Senior Vice President
State of South Dakota 1
)j ss
County of Minnehaha
On this 6th day of August,2010,before me personally came Paul T.Brunat,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
D. KRE B . `�� _
November 30,2012 NOTARY PUBLIC / �/l�/J►,C,,{/).
S1�'�JSOUTX DAKOTA
D.Krell,No ary Public
CERTIFICATE
1, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
4SytErye WESTERN SURETY COMPANY
`4O,Pnq,,f^_
Is\SC AV
tLir
f4'M Dore
• L.Nelson,Assistant Secretary
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
MEMORANDUM
COLORADO
TO: Clerk to the Board DATE: March 14, 2011
FROM: Dean Dreher, Pavement Management
SUBJECT: Agenda Item
Renewal (North County) Agreement with Lafarge West, Inc. the Hot Bituminous Material/Asphalt
Supply for 2011 in the amount of$2,110,720.00.
Attached:
• One executed original Agreement
• Notice of Award
• Performance Bond
• Labor and Materials Payment Bond
• Power of Attorney
M\Franc'eAAgenda hem-I doc
3/a//ac/ EGoaoc-
AGREEMENT
Hot Bituminous Material/Asphalt Supply for 2011
THIS AGREEMENT,made this day of 20_,
by and between Weld County,Colorado,hereinafter called"Owner"and Lafarge North America
dba Lafarge West, Inc.
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 Bituminous Material /
Asphalt Supply for 2011 described in the Invitation for Bids,Bid No.B1000052
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 Bituminous Material / Asphalt Supply for 2011 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 Schedule/Alternates/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
(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 403,Hot Bituminous Pavement
(T) Revision of Section 403,Hot Mix Asphalt•
(U) Revision of Section 401,Tolerances for Hot Mix Asphalt
(V) Revision of Section 109,Asphalt Cement Cost Adjustment
(W) Revision of Section 105,Conformity to the Contract of Superpave Performance
Graded Binders
(X) Revision of Section 105,Conformity to the Contract
4G', Ca -634
(Y) Revision of Section 401,Cold Bituminous Pavement
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.
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.
M:N1aintenance Contracts Asphalt Contract\2010llotBituminousMaterial-AsphaltSupply2010.docx
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the
date first above written.
ORDERED BY: ACCEPTED BY:
THE BOARD OF WELD COUNTY CONTRACTOR/
COMMISSIONERS
Li-- .C. [it BY , ✓ Jet
NAME Barbara Kirkmever NAME Kenneth R. Ball
(Please Type)
TITLE Chair TITLE General Manager
Date MAR 2 1011 ADDRESS 1800 N. Taft Hill Rd.
}, ?`•\ Fort Collins, Colorado 80521
a77 /
J
861 s vic, 191
(SEAL) (SEAL)
ATTEST: - ATT T:
Weld County Clerk to the Board �A/J2 ty,„2„,60)",_.• 2 , , p ,-
BY�/,I"" f/dLe I (/I _iBY Patrese E. Yarbrough
Deputy Clerk to th oard (Please Type)
TITLE Admin. Asst.
:YC// --CP.7 j
NOTICE OF AWARD
Hot Bituminous Material/Asphalt Supply for 2011
(North County)
To: Lafarge West,Inc.
925 North 35th Avenue
Greeley, CO 80631
Project Description:
Hot Bituminous Material/"North County"Asphalt Supply for 2011
The contract, Hot Bituminous Material / Asphalt Supply for 2011, 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 $ 2,110,720.00
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 22nd day of February ,2011
Weld County,Colorado, er
�BYXjte..4a IsLr
Dean Dreher,Pavement Management Supervisor
ACCEPTANCE OF NOTICE
Receipt of the abov_Notice of Award is her
�pbyacknowle d by
/44.1--,(Contractor)
.+d
Dated this a� day of F ?....--- / ,20
By: " /92.4,5 t1/� "bt! itle: l7-Gr4taex
Bond No. 09036007
PERFORMANCE BOND
liot Bituninous Material/Asphalt-Supply for 2011 •
KNOW ALL MEN BY THE PRESENTS;that
Lafarge North America, Inc. dba Lafarge West, Inc.
(Name of Contractor)
1800 N. Taft Hill Road, Fort Collins, CO 80521
(Address of Contractor)
Corporation hereinafter called
Contractor,and a (Corporation,Partnership,or Individual)
Fidelity and Deposit.Company of Maryland
(Name of Surety)
1400 American Lane, Schaumburg, IL 60196-1056
(Address of Surety) •
hereinafter called surety,are held and firmly bound unto
Weld County.Colorado
(Name of Owner) •
1111 I-I Street, P.O.Box 759, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner,in the penal sum of Two1.7jllion one hund-ed_and ten thousand.seven hundred
twenty dollars and zero cents , (.$2.110-720.00 ), 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 22nd day of February 20 11 ,a copy of which is hereto
attached and made a part hereof for the construction of:
Hot Bituminous Material / Asphalt Supply for 2011 described in. the Invitation for Bids, Bid No.
131000052
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the
undertakings, covenants, terms, conditions,•and ageements 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 undo 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.
PERFORMANCE BOND
kIot Bituminous Material/Asvhdlt Surm v for 2021
N WITNESS WHEREOF, this instrument is executed in five(5)counterparts,.2011
Lafarge one of which shall be
deemed an original,this 3rd day of March
Lafarge North Ame ca, Inc.
dba Lafarge We , Inc.
By or eze-11
(Contrac >$•i story W m IL �. sles of 1-Ici rKi set.
(SEAL)
1800 N. Taft Hill Rd., Fort Collins, CO 80521
(Witness as to ootractor) " (Address)
• _ (Address)
A •
urety) Sceanteri< Elizabeth Marrero
•
• Fidelity and Deposit Company of Maryland
(SEAL) 4'
Witness as to Surety Attorney-in-Fact
Sara Owens Sandra E. Bronson
do Aon Risk Services Central, Inc. c/o Aon Risk Services Central, Inc.
(Address) (M 1re5
1650 Market St., Ste. 1000 1650 Market St., fe. 10 00
Philadelphia, PA 19103 Philadelphia, PA 19103
NOTE: Date of Bond-nmsl 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.
Bond No. 09036008
LABOR&MATERIALS PAYMENT BOND
Hot Bituminous Material/Asphalt Supply for 2011
KNOV/ALL MEN BY THE PRESENTS;that
•
Lafarge North America, Inc. dba Lafarge West, Inc.
(Name of Contractor)
1800 Taft Hill Rd., Fort Collins, CO 80521
(Address of Contractor)
• Corporation ,hereinafter called
Contractor,and a(Corporation,Partnership,or Individual)
Fidelity and Deposit Company of Maryland
(Name of Surety)
1400 American Lane. Schaumburg, IL 60196-1056
(Address of Surety)
hereinafter called surety,are held and firmly bound unto
Weld County. Colorado
(Name of Owner)
1111 FI Street,P.Q.Box 758,Greeley. Colorado 80632
(Address of Owner)
hereinafter called O ner,in the penal sum of Twoisifillion one lzpndred and rem.housand sevenhundred
twenty dollars and zero cents ,($2,110.729.00)„in lawful money of the United States of America,for the
payment of which sum well and truly to be made,we bind ourselves,successors and assigns,jointly and severally
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Contractor entered into a
certain Contract with the Owner,dated the 22nd day of February .2.0_,11 a copy of which•
is hereto attached and made a part hereof for the construction of:
Hot Bituminous Material/Asphalt Supply for 2011 described in the Invitation for Bids,Rid No.B1000052
•
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such
contract,and any authorized extension or modification thereof,including all amounts due for materials, lubricants,
oil,gasoline,repairs on machinery, equipment and tools, consumed or used in connection with the construction of
such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise,then this obligation shall be void.;otherwise to remain in full force and effect,
PROVIDED, FURTHER that the said Surety for value received hereby stipulates and agrees that no change,
extension of time,alteration or addition.to the terms of the contract or to the Work to be performed there under of
the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change,extension of time,alteration or addition to the terms of the Contract or to the Work
or to she Specifications.
PROVIDED,PURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of
any beneficiary hereunder,whose claim may be unsatisfied.
•
LABOR&MAta.RIALs PAYMENT BOND
jdpt$immiuous Matetial/Asphalt Supply for 2911,
•
IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts, each one of which shall be deemed
an original, this 2nd day of March .. 20 11
L3 ar%afao eh s rilcnd.Inc.
I gyp,. }7��Jn r j� or
" V ' t �I�l�'�" By /t
( anti-actor)SBtntay U n c 2 { ) l Fnti2QQ IU4 nete�2
(SEAL)
1800 Taft Hill Rd., Fort Collins. CO 80521
(W ime c a to Contractor) (Address)
/ ?OD k�at�l tad
(Address)
FDrt Cck test o Zb€Q I
ATTE T;
WYUA
(Surety)sextetw,x
Elizabeth Marrero
(SEAL)
L lY (A)g, Y .c) By_ .r,.,.r/�J�nr . "P.m Cr sr,
Witness as In Surety Sara Owens ttorp -inCFact Sandra E. Bronson
Aon Risk Services Central, Inc. Aon Risk services entral, Inc.
1650 Market St.. Ste. 1000 1650 Market St., Ste. 1000
(Address) (Address)
Philadelphia, PA 19103 Philadelphia, PA 19103
NOTE; Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all pattrters 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.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by M.P.HAMMOND,Vice President,and GREGORY E. MURRAY, Assistant
Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said y,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d �ereby, nominate,
constitute and appoint Richard G. DICCIANI,Darella E.WHITE,D 1 R yet rd A.JACOBUS,
Mary C.O'LEARY,Sandra E.BRONSON,Maureen Mr� �s '. ��'T "'ancy K.WALLACE,
all of Philadelphia,Pennsylvania, EACH its true ' +_ att. „ii -: , s make,execute,seal and
deliver,for,and on its behalf as surety, yyc�is .. e$e�: 9 c and undertakings,and the execution of
such bonds or undertakings in p�tlSb�e re Ott--g Sing upon said Company,as fully and amply,to all
intents and purpose ha n t owledged by the regularly elected officers of the Company at
its office in Baltimo ., m sons. This power of attorney revokes that issued on behalf of Richard G.
DICCIANI,Darella WHEELER,Richard A. JACOBUS,Mary C. O'LEARY, Sandra E.BRONSON,
Maureen E.MCNEI e G. MCVAUGH,Nancy K.WALLACE,dated June 13,2006.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of June,
A.D.2006.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
4 F �VI o
tIN ec
4 _
By:
Gregory E. Murray Assistant Secretary M P. Hammond Vice President
State of Maryland ss:
City of Baltimore f
On this 20th day of June, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified,came M. P.HAMMOND,Vice President,and GREGORY E.MURRAY,Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
co/dye;
ar! .: ao "
`•1411(• �
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 156-0062
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this a/' - day of At-an , a O I 1
Assistant SLcretary
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
3910 KESWICK ROAD, BALTIMORE, MD 21211-2226
Statement of Financial Condition
As Of December 31,2009
ASSETS
Bonds $ 156,584,995
Stocks 22,537,672
Cash and Short Term Investments 9,719,598
Reinsurance Recoverable 9,347,241
Other Accounts Receivable 51,052,264
TOTAL ADMITTED ASSETS $ 249,241,769
LIABILITIES,SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses $ 76,835
Ceded Reinsurance Premiums Payable 58,237,612
Securities Lending Collateral Liability 5,511,875
TOTAL LIABILITIES $ 63,826,322
Capital Stock,Paid Up $ 5,000,000
Surplus 180,415,448
Surplus as regards Policyholders 185,415,447
TOTAL $ 249,241,769
Securities carried at$38,385,957 in the above statement are deposited as required by law.
Securities carried on the basis proscribed by the National Association of Insurance Commissioners. On the basis of
December 31,2009 market quotations for all bonds and stocks owned, the Company's total admitted assets would be
$247,657,513 and surplus as regards policyholders$186,999,703.
I, DENNIS F.KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSrf COMPANY OF MARYLAND,do hereby
certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st
day of December,2009.
Corporate Secretary
State of Minos
City of Schaumburg SS;
Subscribed and sworn to,before ire,a Notary Public of the Slate of Illinois,in the City of Schaumburg,this 15th day
of March,2010.
D
p 't p pV/SeirQ'
vno t V Notary Public
"a ern 1dARLU G.SARARYN
oFFIaAEN LIY COMMISSION EXPIRES'
�4;sEAr.a NOVEMBER 25.2011 <
•
1 8 6 I - 2 0 1 1 Public Works Department
1111 H Street, PO Box 758
Greeley,Colorado 80632
Website: www.co.weld.co.us
W E L C' O N T Y Phone: (970) 356-4000, Ext. 3750
I I Fax: (970) 304-6497
Date: February 15, 2011
To: Board of County Commissioners
Subject: Asphalt Supply Contract Renewal
We have a three year contract inforce with Asphalt Specialties Co for our South supply of
Asphalt and Lafarge West Inc for our North Supply of Asphalt. The contract states that each
year we are allowed to negotiate a price with the current suppliers of the products.
The original proposals were for a 9% increase in price from last year. We negotiated and a
have received a 3.8% increase from Asphalt Specialties and a 4.2% from Lafarge West. These
numbers are substantially lower than other vendors who bid for 2010.
We are recommending approval of the new rates from both companies. Both have served us
well in the past and look forward to the same service in the future.
Recommend Approval
7
PAT PERSICHINO
DIRECTOR
1 atch.
<ice,. xa�� { Discuss
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. ₹ -Y :A .Z s.� a x $7
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Page l or l
2 0 1 O-63q1
MEMORANDUM
1 8 6 I - 2 0 1,1 TO: Pat Persichino DATE: February 9,2011
Director of Public Works
FROM: Dean Dreher, Pavement Management Supervisor
W+ . OnNTY
4^ " SUBJECT: 2011 Hot Bituminous Material/Asphalt Supply Contract
Renewal
This memo is to provide you with background information regarding the renewal of the 2010 Hot
Bituminous Material /Asphalt Supply Contract for the year 2011.
The 2010 Hot Bituminous Material / Asphalt Supply Contract were set up to include a three-year bid
extension for the lowest bidder. The stipulation in the contract is that any cost increases shall be
justifiable and in line with industry. Lafarge West Inc. and Asphalt Specialties Co. Inc. were awarded the
2010 Hot Bituminous Material /Asphalt Supply Contract.
On February 11, 2010,the bids were opened for the Hot Bituminous Material/Asphalt Supply for 2010.
VENDORS PLANT LOCATION UNIT PRICE PER TON
Asphalt Specialties Co. North(No Plant) $ 0.00
10100 Dallas St. South(WCR 8 & Henderson) $32.20
Henderson,CO 80640 2011 Bid Price(+3.8%) $ 33.50
Lafarge West, Inc. North (Greeley) $ 33.25
925 North 35'h Avenue South (No Bid) $ 0.00
Greeley, CO 80631 2011 Bid Price(+4.2%) $ 34.70
Premier Paving North (No Plant) $ 0.00
5085 Harlan Street South(Firestone Plant) $38.00
Denver,CO 80212
Connell Resources, Inc. North $ 39.30
4305 E. Harmony Rd South(No Plant) $ 0.00
Fort Collins,CO 80528
Aggregate Industries-WCR North(Greeley) $ 40.64
1707 Cole Blvd, Suite 100 South (WCR 20.5) $ 39.37
Golden, CO 80401
2O1O -6341
Lafarge West Inc. and Asphalt Specialties Co. Inc. provided quality products for the 2010 season.
The 201 I price increase proposed by Lafarge West Inc. and Asphalt Specialties Co. Inc. for asphalt
purchase is approximately 4%. The increase is supported by price increases in the industry (See attached
documents).
The cost for the liquid AC to manufacture asphalt rose from $430 a liquid ton in 2010 to$490 a liquid ton
in 2011. This a 12% increase which would justify a $3.00 per ton increase. Both vendors have proposed
increases of half of that.
Crude oil prices have risen from $71.29 a barrel January 2010 to $87.51 January 2011 this is an 18.5 %
increase.
Diesel fuel prices for the Rocky Mountain region have risen by 19% since 2010.
The 2011 bids submitted by both vendors are lower than 2010 bids submitted by all other vendors.
The costs for asphalt quantities needed to complete the 2011 maintenance overlay program will not
exceed the 2011 budget of$3,064,450.
NOTE: Additional funds for Strategic Corridor (WCR 49/54) and Energy impacts (WCR 89)
improvements are included in 2011 asphalt needs but do not impact the maintenance overlay program.
I recommend the extension of the renewable Hot Bituminous Material / Asphalt Supply Contract with
Lafarge West Inc.and Asphalt Specialties Co. Inc. for the year 2011 as follows.
Lafarge West Inc.
ITEM QUANTITY UNIT UNIT BID PRICE CONTRACT PRICE
Grade S Asphalt(100) 28,050 TON $34.70 $973,335
(PG-64-22)35% RAP
WARM MIX
Grade S Asphalt(100) 29,550 TON $34.70 $1,025,385
(PG-64-22)30%RAP
Emulsified Asphalt 40,000 GALLON $2.80 $112,000
(CSS-1 H)Tack Coat
TOTAL$2,110,720
Asphalt Specialties Co. Inc.
ITEM QUANTITY UNIT UNIT BID PRICE CONTRACT PRICE
Grade S Asphalt(100)
(PG-64-22) 30,000 TON $33.50 $1,005,000
20%RAP& 5% RAS
TOTAL$1,005,000
GRAND TOTAL$3,115,720
1 concur,Pat Persichino
M:\Maintenance Contracts\Asphalt Supply\2001 I\Renewal proposal to Pat-REVISION.doc
2O1 O '—0
rt;cfe,‘-
MEMORANDUM
�o
� Board DATE: March 24, 2010
COLORADO TO: Clerk to the
FROM: Dean Dreher, Public Works
SUBJECT: Consent Agenda Item
Please submit for Chair's signature on the Consent Agenda:
Agreement with Asphalt Specialties Company, Inc. on the 2010 Hot Bituminous Material/Asphalt
Supply per Bid No. B 1000052.
Enclosed is one signed original agreement.
M:\FrancieW gendaChairS ignature.doc
aleck
03 I: HC.10 (Pk) DA)t I /o
AGREEMENT
Hot Bituminous Material/Asphalt Supply for 2010
THIS AGREEMENT,made this oldd day of �/�/ 20 /U ,
by and between We,]d County,Colorado,hereinafter called"Owner" and krigit +en.Alit
gotWaot3 Vat
doing business as(an i divid 1,) 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 Bituminous Material /
Asphalt Supply for 2010 described in the Invitation for Bids, Bid No.B1000052
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 Bituminous Material / Asphalt Supply for 2010 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 Schedule/Alternates/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 403,Hot Bituminous Pavement
(T) Revision of Section 403, Hot Mix Asphalt
(U) Revision of Section 401, Tolerances for Hot Mix Asphalt
(V) Revision of Section 109,Asphalt Cement Cost Adjustment
(W) Revision of Section 105,Conformity to the Contract of Superpave Performance
Graded Binders
(X) Revision of Section 105, Conformity to the Contract
(Y) Revision of Section 401, Cold Bituminous Pavement
Page 30
No. �A dated �-- ,20 --
No. Ahf 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.
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.
M:\Maintenance Contracts\Asphalt Contract\2010\HotBituminousMaterial-AsphaltSupply2010.docx
Page 31
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the
date first above written.
ORDERED BY: ACCEPTED BY:
THE BOARD OF WELD COUNTY CONTRACTOR
COMMISSIONERS
B X60 j .--(0e ova Jul BY—\--1-_.)— Nii\Y
imat—
NAME Douglas Rademacher NAME 1.
A/ A/WV—
(Please
, (Please Type)
l Y
TITLE Chair TITLE �%tia/i/XA
Date iiN" 29 Liu ADDRESS 45/J Sp .Imt.�5 a k&c
SPECIAL tics, /0/e7) !/1�A-S ii €E-;T
g E La``` h�CORPORATE c 2�� •r e9 506'
�S6 f0 ¢ SEAL
� `� 7:- 1992.
(SEAL) E`' )
rteVf /I } '`' . �OLORPpO
ATTEST: / ATTEST:
Weld County Clerk to the Board
BY j// ib £/'/'L/ ll BY L" kizA W1 ``„L,h QIfq e,
Deputy Clerk to th ' oard (Please Type)
TITLE 'Sea'�'"`
L e u
1
Page 32
0Do — o39/
Willis
Telephone: (303)722 7776
Fax: (303)722 8862
Toll Free: (800)332 9950
Websile. www.willis.com
**********IMPORTANT**********
Please note that we have not dated the bonds or the Powers of Attorney. The copy of
the contract we received was not dated, and as the bonds guarantee the contract they
should not be dated prior to the contract date. We would not want this technicality to
impede upon your rights to claim under the bond, should such a circumstance arise.
Please accept this letter as authorization to date the enclosed Bonds and Powers of
Attorney concurrently with the contract date. If you should have any questions
regarding this letter, please feel free to contact our office. Thank you
Willis of Colorado,Inc.
720 5.Colorado Blvd
5uile#600-N
Denver,CO 80246
'w MEMORANDUM
110€.
COLORADO
TO: Clerk to the Board DATE: March 16, 2010
FROM: Dean Dreher, Public Works
SUBJECT: Agenda Item
Hot Bituminous Material/Asphalt Supply for 2010 for"North County"with Lafarge West,Inc.in the
amount of$1,364,587.50.
M.\Francie\Agenda Item doc
_—I
_'I
aO/o—AM'/
AGREEMENT
Hot Bituminous Material/Asphalt Supply for 2010
THIS AGREEMENT, made this IS day of L '(h ,20 ,
by and between Weld County, Colorado, hereinafter called "Owner" and
l.aftful, (40v;4r -nui(ira, Zrr. , eft 0.- I_a{oxer We≤f, ,0n(.
doing business as(an individual,) or (a partnership,) or (a c rporation)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 Bituminous Material /
Asphalt Supply for 2010 described in the Invitation for Bids, Bid No. B1000052
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 Bituminous Material / Asphalt Supply for 2010 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 Schedule/Alternates/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 403, Hot Bituminous Pavement
(T) Revision of Section 403, Hot Mix Asphalt
(U) Revision of Section 401, Tolerances for Hot Mix Asphalt
(V) Revision of Section 109,Asphalt Cement Cost Adjustment
(W) Revision of Section 105,Conformity to the Contract of Superpave Performance
Graded Binders
(X) Revision of Section 105, Conformity to the Contract
aoi1)—z2Syi
(Y) Revision of Section 401, Cold Bituminous Pavement
No. , dated j I a 1 /p9•10 ,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.
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.
M:\Maintenance Contracts\Asphalt Contract\2010\HotBilu minousMaterial-AsphaltSupply2010.docx
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies each of which shall be deemed an original on the
date first above written.
ORDERED BY: ACCEPTED BY:
THE BOARD OF WELD COUNTY CONTRACTOR
COMMISSIONERS
ask 0l4< k-P- BY
NAME Douglas Rademacher NAME heXlne#h e.
(Please Type)
TITLE Chair TITLE ger‘E=Y c te(
Date MAR 2 2 2010 ADDRESS �t}t v Taff M I/ N%^
F- l'I.la ; (o Stow!
O'
-�v
(SEAL) O' (Sr A (SEAL)
ATTEST: ATTEST:
Weld County Clerk to the Board
BY aizzLialiej/ BY Mon SCR L, CAIS
Deputy Clerk to thoard (Please Type)
TITLE LUI41 less
o?oia__oSy/
Hot Bituminous Material/Asphalt Supply for 2010
(North County)
To: Lafarge West, Inc.
925 North 35`x' Avenue
Greeley, CO 80631
Project Description:
Hot Bituminous Material/"North County" Asphalt Supply for 2010
The contract, Hot Bituminous Material / Asphalt Supply for 2010, 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 $ 1,364,587.50
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 5th day of March , 2010
Weld a Colorado, O er
By �C/..P�- t -t ..c.n
Dean Dreher, Pavement Management Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
25e tilgeM Am-eai cc d!a /AT/eye CcA4 t
(Contractor)
Dated this day of , 2010_
By: "1/ Title: &O7d / M/Qi/7a to.e
MEMORANDUM
TO: Pat Persichino DATE: February 17, 2010
Director of Public Works
CFROM: Dean Dreher, Pavement Management Supervisor SUBJECT: Hot Bituminous Material/Asphalt Supply for 2010
COLORADO
On February 11, 2010, the bids were opened for the Hot Bituminous Material / Asphalt Supply for 2010. The low bids
submitted do not exceed the adopted 2010 budget of$3,009,700 for asphalt purchases and allotted grant funding.
Below are the respective bids for alternate number one:
VENDORS PLANT LOCATION UNIT PRICE PER TON
Asphalt Specialties Co. North(No Plant) $ 0.00
10100 Dallas St. South(WCR 8 &Henderson) $32.20
Henderson, CO 80640
Lafarge West, Inc. North(Greeley) $33.25
925 North 35`s Avenue South(No Bid) $ 0.00
Greeley, CO 80631
Premier Paving North(No Plant) $ 0.00
5085 Harlan Street South(Firestone Plant) $ 38.00
Denver, CO 80212
Connell Resources, Inc. North $39.30
4305 E. Harmony Rd South(No Plant) $ 0.00
Fort Collins, CO 80528
Aggregate Industries-WCR North(Greeley) $40.64
1707 Cole Blvd, Suite 100 South(WCR 20.5) $ 39.37
Golden, CO 80401
Public Works North $ 36.25
Estimate South $ 37.44
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Alternate #1 is the recommended option using a proven asphalt product that contains 30% RAP (Recycled Asphalt
Particles). Alternate #2 using asphalt with 35% will be tested this season on selected roads. If Alternate #2 asphalt
material is proven to be a suitable product we will consider its use for the future.
We arc currently on the leading edge of this technology of going green and utilizing a renewable or reusable resource.
Based on the historical fluctuation of asphalt prices it is also recommended that the fixed price of Alternate #1 be used
rather that the adjustable rates of Alternates#3 and#4.
The lowest bid for the North material supply was submitted by the Lafarge West, Inc. The Public Works Department has
purchased asphalt materials from the low bidder on numerous occasions with satisfactory results. The Public Works
Department recommends Lafarge West, Inc. be awarded the bid for the North material supply unit prices shown in the
attached summary.
The lowest bid for the South material supply was submitted by Asphalt Specialties.
Asphalt Specialties south plants arc located at road 8 just west of I-25 and also at Henderson at the north end of Denver.
The cold mix and the emulsion will be awarded to the low bidder Lafarge West, Inc.
Public Works Department has previously purchased asphalt materials from both of these companies with satisfactory
results.
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
Lafarge West, Inc. (Alternate#1) $1,368,087.50
(36,950 tons of asphalt plus the cold mix and emulsion oil)
Asphalt Specialties South (Alternate#1) $2,218,580.00
(68,900 tons of asphalt)
Total $3,586,667.50
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