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Home My WebLink About20110666.tiff 1 86 1 - 2 ° MEMORANDUM TO: Clerk to the Board DATE: July 25, 2011 W E L DEC O U N T Y FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Bid Number B1100041, Geisert Gravel Pit Slurry Wall Change Order No. 1 Change order number 1 for the above mentioned bid is attached. Prior to the project going to bid, there was only one bore log for the property which showed the depth to bedrock to be 63 feet. Because the slurry wall has to be keyed 4 feet into bedrock, the bid specification was for 67 feet. Upon completion of the geotechnical study and design phase of the project, it became apparent that the depth to the base of the slurry wall was 76.5 feet or a maximum of 9.5 feet deeper than originally anticipated. The deeper slurry wall means that it will take longer to construct the wall and more bentonite has to be used in the construction of the wall. The change order is to cover the additional expenses associated with the placement of bentonite, equipment rentals, and labor due to the increased depth. It should be noted that the only bid item to change is the Slurry Wall Construction task. The costs for all other bid items remain unchanged. The original contract price was $2,795,412. The revised contract price will be $3,270,576. The change order will result in an increase of$475,164. Email&Original: Clerk to the Board pc: Geisert Pit File cc: Pat Persichino,Public Works P Q . p '-, 1 . a � - ll ^II- c'C:G Pagel of M:\Clay\Gravel Pits\Geisert\Geisert Pit Slurry Wall Charge Order Number 1 Recommendation.doc i_9 _ (� CHANGE ORDER NO. I Geisert Gravel Pit Slurry Wall Design-Build Contract Date:July 22,2011 Project: Geisert Gravel Pit Slurry Wall Design-Build Contract described in the Invitation for Bids, Bid No. B1100041 Owner: Weld County,Colorado Team:Hall-IrwinCorporation The following change is hereby made to the Contract Documents: Additional depth of slurry wall based on final design and final geotech report. Adding 55 days to cover additional production. CHANGE TO CONTRACT PRICE: Original Contract Price: $2,795,412.00 Current Contract Price adjusted by previous Change Order: $2,795,412.00 The Contract Price due to this Change Order will be increased by: $475,164.00 The new Contract Price, including this Change Order,will be$3,270,576.00 CHANGE TO CONTRACT TIME: The Contract Time will be increased by 55 calendar days. The date for completion of all Work will be August 25,2012. RECOMMENDED: Owner Representative:�J� 12 r—� Date: 7 2 2 2`// Engineer: , /4,„„„,, Date: 7/22//I APPROVALS:CI Team: `mo Date: 7/2 Z"/zof j er Owner:. ___,C- • - '\ Date: J(jl 27201t Sean P. Conway, Chair Pro-Tem, Boa f Weld County Commissioners - 39 - �C//- Colo to I 8 l - 201 1 MEMORANDUM TO: Clerk to the Board DATE: April 7, 2011 W E L N. Co N T Y FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Bid Number B1100041, Geisert Gravel Pit Slurry Wall Design Build Contract Award Enclosed are two signed original agreements for the Geisert Gravel Pit Slurry Wall Design Build Contract with Hall-Irwin Corporation. The contract is in the amount of$2,795,412. The Bid Number is B1100041. The Weld County Board of County Commissioners accepted the Hall- Irwin Bid on March 28, 2011. Hall Irwin Corporation signed the Notice of Award on April 5, 2011. Also for the record is a copy of the Certificate of Liability Insurance, Performance Bond, Labor and Materials Payment Bond for Hall-Irwin Corporation. Please place on the BOCC agenda for April 11, 2011. After the contract is signed, please return one original to me. Original: Clerk to the Board pc: Geisert Slurry Wall File 1151\4J Ut4k; cu. I 0 YGVI t Aj2 y II- aa11 �� / / 11 Page 1 of 1 c,7O//—t M\Clay\Gravel Pits\Geisert\Request for Bid\Geisert Slurry Wall Contract Memo to BOCC doc EGCC4`! -J AGREEMENT Geisert Gravel Pit Slurry Wall D/esian-Build Contract THIS AGREEMENT,made this I k" day of (\ -,1 ,2011, by and between Weld County, Colorado, hereinafter called "Owner" and Hall-Irwin Corporation doing business as (an individual,) or (a partnership,) or (a corporation) hereinafter called "Team". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Team will commence and complete the following: Geisert Gravel Pit Slurry Wall Design-Build Contract described in the Invitation for Bids, Bid No. B1100041 2. The Team will furnish all of the material, supplies,tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The Team will commence the work required by the Contract Documents within ten(10)calendar days after the date of the Notice to Proceed and will complete the Geisert Gravel Pit Slurry Wall Design-Build Contract by June 1, 2012 unless the period for completion is extended otherwise by the Contract Documents. 4. The Team agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of$2,795,412.00. 5. The contract bid price listed on line item number 8 in the Bid Schedule is $0.00. The Geisert Dust Control Well currently is capable of pumping at 1,000 gallons per minute. The Team agrees that if the Geisert Pit Dust Control Well is damaged or experiences a reduction in the pumping rate below 900 gallons per minute; it will be replaced per page 12 of the Bid Documents at no cost to the Owner. The Owner shall be responsible for determining if damage or a pumping rate reduction has occurred to the dust control well. 6. The contract bid price listed on line item number 9 in the Bid Schedule is $0.00. The Team agrees that if the Poudre River Bike Trail be damaged, it will be repaired per the Poudre River Bike Trail Specifications (See Item 5 of Addendum 2)at no cost to the Owner. 7. The Team has four conditions on their bid. The four conditions are listed below. a. Assumes all required construction water available onsite from existing west pond and meets PH requirements. b. Itemized proposal cost break-out can be provided to Weld County for future use. c. Dewatering for the Leak Test is provided by Weld County d. Hall-Irwin Corporation will handle points of refusal at sections of very hard bedrock by scraping the material vigorously (with excavator bucket) to a 6" depth over 10 lineal foot intervals of trench for 30 minutes to create a key. We will also notify QA personnel, consult with Weld County, log location and extent of refusal. The Owner finds the conditions acceptable provided the Team meters the pumping amounts from the West Pond and provides monthly pumping volumes to the Owner by the 5'h day of the month. 8. The term "Contract Documents"means and includes the following: a. Invitation for Bids b. Instructions to Bidders c. Bid Proposal d. Acknowledgement of Bid Documents e. Receipt of Addenda f. Bid Bond g. W-9 h. Statement of Qualifications and Subcontractors - 2 - • Anti-Collusion Affidavit j. Bid Schedule k. Notice of Award 1. Agreement m. Insurance Requirements n. Performance Bond o. Labor and Materials Payment Bond P. Notice to Proceed q. Change Order r. Certificate of Substantial Completion s. Lien Waiver t. Final Lien Waiver u. Notice of Acceptance v. Appendix w. Addenda: No. 1, dated February 20,2011 No.2,dated February 23,2011 9. The Owner will pay to the Team in the manner and at such times as set forth by the Contract Documents,or otherwise agreed upon in writing. 10. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors,and assigns. 11. 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 Team, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF WELD COUN Y COMMISSIONERS TEAM BY ISLA,- Vial/ BY NAME Barbara Kirkmever NAME le-d (Please Tyne) An TITLE Chair TITLE U . ~ of artti /. 4)5/ Date APR 1 1 2011 ADDRESS 3° a"lerl4 ( •• A•//• /a_A-, Ce, &o5'y3 (SEAL) (SEAL) - 3 - cxi5//D� � 1� ATTEST: = ATTEST: 75i �� 4rtc� t_Jc� Weld County Clerk to the Board 186t �\ � r � r BY 1 l�' 12tha i �� /._ ,%/,��: I BY AN 01 LnYGoc..- Deputy Cle /to the Board (Please Type) /� TITLE Planer 0,4.JA-c.t& - 4 - INSURANCE REQUIREMENTS The Team shall secure and maintain such insurance policies as will protect himself, their subcontractors, and COUNTY OF WELD from claims for bodily injuries, death or property damage, which may arise from operations under this Contract whether such operations be by himself or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: (a) Statutory Workmen's Compensation (b) Team's Public Liability and Property Damage Bodily Injury: Each Person $150,000 Each Accident $600,000 Property Damage: Each Accident $150,000 Aggregate $600,000 (c) Automobile Public Liability and Property Damage Bodily Injury: Each Person $150,000 Each Accident $600,000 Property Damage: Each Accident $600,000 The Certificate of Insurance must show Weld County. Colorado as and Additional Insured. All policies shall be for not less than the amounts set forth above or as stated in the Special Conditions. Other forms of insurance shall also be provided if called for by the Special Conditions. Certificates or copies of policy of such insurance shall be filed with the County along with the Performance and Payment Bonds and shall be subject to their approval as to adequacy of protection, within the requirements of the specifications. Said Certificates of Insurance shall contain a 30-day written notice of cancellation in favor of the County. - 5 - • Client#:44870 HALIRI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMo„Y'/) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Flood&Peterson Ins.,Inc. PHONE 970 356-0123 9705066836 IA/C,No,EXt): WC,No): Corporate Mailing Address: EMAIL ADDRESS: P.O. Box 578 PRODUCER CUSTOMER ID It: Greeley,CO 80632 INSURER(S)AFFORDING COVERAGE NAIL INSURED INSURER A:Travelers Insurance Company Hall Irwin Corporation INSURER B:Pinnacol Assurance Attn: Ed Foster INSURER C: 301 Centennial Dr INSURER D: Milliken,CO 80543-3222 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. )NSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE (TR (J SR rrvn POLICY NUMBER SMM/DD/TYYY) IMM/DD/YYYY) LIMITS A GENERAL LIABILITY DTCO7212M7431ND10 12/31/2010 12/31/2011 EACH OCCURRENCE $1,000,000 __ DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X PD Ded:5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X JECT n LOC $ A AUTOMOBILE LIABILITY DT8107212M743TIL10 12/31/2010 12/31/2011 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 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 A X UMBRELLA LIAB OCCUR DTSMCUP7212M743TIL 12/31/2010 12/31/2011 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DEDUCTIBLE I $ X RETENTION $ 0 $ B WORKERS COMPENSATION 4021105 01/01/2011 01/01/2012 X IW R TATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITB ER AANY NYI PR PRIETORPARTNERIE ECUTIVEY/N N/A E.L.EACH ACCIDENT $500,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OP OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Equipment OT6607017M403TIL10 12/31/2010 12/31/2011 Blanket Limit I i Deductible$5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Project: Geisert Slurry Wall Certificate holder is named as Additional Insured,as their interest may appear. CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN P.O.Box 758 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESENTATIVE @ 1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S603144/M580208 DSM PERFORMANCE BOND Geisert Gravel Pit Slurry Wall Design-Build Contract Bond No. 21076442 KNOW ALL MEN BY THE PRESENTS; that HALL-IRWIN CORPORATION (Name of Team) 301 Centennial Drive, Milliken, Colorado 80543 (Address of Team) corporation , hereinafter called Team, and a (Corporation,Partnership,or Individual) THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety) 25800 Northwestern Highway, Suite 720, Southfield, Michigan 48075-8410 (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 TWO MILLION SEVEN HUNDRED NINETY FIVE* Dollars, (S** ), 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 Team entered into a certain Contract with the Owner,dated the %% ' day of Apc.1 , 2011,a copy of which is hereto attached and made a part hereof for the construction of: Geisert Gravel Pit Slurry Wall Design-Build Contract described in the Invitation for Bids, Bid No. B1100041 NOW THEREFORE, if the Team shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Team shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. - 6 - *THOUSAND FOUR HUNDRED TWELVE AND NO/100 **2,795,412.00 PERFORMANCE BOND Geisert Gravel Pit Slurry Wall Design-Build Contract IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an th original, this I day of s-A ' ,2011. ATTEST: HALL-IRWIN CORPORATION Team By H �w BY (Team)Sec eta (SEAL) Not Applicable 301 Centennial Drive (Witness as to Team) (Address) 301 Centennial Drive Milliken, Colorado 80543 (Address) Milliken, Colorado 80543 ATTEST: Not Applicable (Surety)Secretary (SEAL) THE GUARANTEE COMPANY OF NORTH AMERICA USA ? //17&//17& V7-Qli,6)W By By� ' ``r _S Witness as to Surety AYexander D. Roth�y Attorney-in-Fact Cynthia M. Burnett 7800 South Elati Street, Suite 100 7800 South Elati Street, Suite 100 (Address) (Address) Littleton, Colorado 80120 Littleton, Colorado 80120 NOTE: Date of Bond must not be prior to date of Contract. If Team 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. - 7 - LABOR & MATERIALS PAYMENT BOND Geisert Gravel Pit Slurry Wall Design-Build Contract Bond No. 21076442 KNOW ALL MEN BY THE PRESENTS; that HALL-IRWIN CORPORATION (Name of Team) 301 Centennial Drive, Milliken, Colorado 80543 (Address of Team) Corporation , hereinafter called Team,and a(Corporation, Partnership,or Individual) THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety) 25800 Northwestern Highway, Suite 720, Southfield, Michigan 48075-8410 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County, Colorado (Name of Owner) 1 111 H Street,P.O. Box 758.Greeley,Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of TWO MILLION SEVEN HUNDRED NINETY FIVE THOUSAND FOUR HUNDRED TWELVE AND NO/100 Dollars,($ 2,795,412.00 ) 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 Team entered into a certain Contract with the Owner, dated the [1°'^ day of Apn\ , 2011, a copy of which is hereto attached and made a pan hereof for the construction of: Geisert Gravel Pit Slurry Wall Design-Build Contract described in the Invitation for Bids,Bid No. B1100041 NOW, THEREFORE, if the Team shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Team shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. - 8 - LABOR & MATERIALS PAYMENT BOND Geisert Gravel Pit Slurry Wall Design-Build Contract IN WITNESS WHEREOF, this instrument is executed in five (5)counterparts, each one of which shall be deemed an original, nn this t Itt" day of Ape i 201i. ATTEST: HALL-IRWIN CORPORATION / By Tea m By #/Team Secretary (SEAL) Not Applicable 301 Centennial Drive (Witness as to Team) (Address) 301 Centennial Drive Milliken, Colorado 80543 (Address) Milliken, Colorado 80543 ATTEST: Not Applicable (Surety)Secretary (SEAL) THE GUARANTEE COMPANY OF NORTH AMERICA USA Hy ( By / (46),I/4I46i Witness as to Surefy Alxander D. Rot e t r/ Y Attorney-in-Fact Cynthia M. Burnett 7800 South Elati Street, Suite 100 7800 South Elati Street, Suite 100 (Address) (Address) Littleton, Colorado 80120 Littleton, Colorado 80120 NOTE: Dale of Bond must not be prior to date of Contract. If Team 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. - 9 - TNtGLIRINLFE THE GUARANTEE COMPANY OF NORTH AMERICA USA [ONPIfltOF NORTH atifE61G I Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield, Michigan,does hereby constitute and appoint Douglas J. Rothey, Cynthia M. Burnett, Erik Uliharri Surrscape Insurance Services, LLC its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule, regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315'day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 18th day �_d,o "'E of January,2011. ( THE GUARANTEE COMPANY OF NORTH AMERICA USA r T STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 18th day of January, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA:that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. "{`='Y' County of Oakland • My Commission Expires February 27, 2012 Acting in Oakland County rt,a(4( a. �cei I,Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct cony of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITdlESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of rEEc\ Randall Musselman,Secretary y��1 AMEP`` MEMORANDUM TO: Marcia Walters, Purchasing DATE: March 25, 2011 FROM: Clay Kimmi, P.E., CFM, Public Works COLORADO SUBJECT: Bid Number B1100041, Geisert Gravel Pit Slurry Wall Design-Build Contract The above mentioned bid closed on March 9, 2011. A total of six bids were received by the bid closing. Bids ranged in price from $2,795,412 to $4,668,624. The difference between the two lowest bidders, Hall Irwin and Magnus Pacific Corporation, was $115,068. The Hall Irwin bid was approximately 4% less than the Magnus Pacific Corporation bid. All the bid packages submitted contained the required bid documents. Public Works has determined that the four conditions placed on the Hall Irwin bid are acceptable to Weld County. After review of the bid documents, Weld County Public Works recommends that the contract be awarded to the lowest bidder, Hall Irwin Corporation, in the amount not to exceed $2,795,412. Email&Original: Marcia Walters,Purchasing pc: Geisert Pit File cc: Pat Persichino, Public Works Page 1 of 1 M'.\Clay\Gravel Pits\Geisert\Request for Bid\Geisert Pit Slurry Wall Bid Recommendation doc LaII -Q C � 3/119/0740// 1 G o o L, f WELD COUNTY PURCHASING 915 10TH St Room #334, Greeley CO 80631 18 6 I - 2 oil E-Mail: mwaltersaa.co.weld.co.us E-mail: reyerettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 WELD -CCOUNTY u DATE OF BID: March 9th, 2011 REQUEST FOR: GIESERT GRAVEL PIT SLURRY WALL DESIGN/BUILD PROJECT DEPARTMENT: Public Works Department BID NO: #81100041 PRESENT DATE: March 14th, 2011 APPROVAL DATE: March 28th, 2011 VENDORS PROJECT TOTAL HALL IRWIN CORPORATION $2,795,412.00 301 Centennial Drive Milliken CO 80543 MAGNUS PACIFIC CORPORATION $2,910,480.00 5347 S Valentia Way Suite 230 Greenwood Village CO 80111 REMEDIAL CONSTRUCTION LP $3,798,841.39 9720 Derrington Houston TX 77064 ENVIROCON, INC $3,849,497.00 851 Corporate Circle Suite 114 Golden CO 80401 INQUIP ASSOCIATES INC $3,996,520.00 P O Box 6277 McLean VA 22106 ENVIRONMENTAL BARRIER CO LLC $4,668,624.00 4075 Monroeville Blvd #400 Monroeville PA 15146 The estimate for the project is $3,115,998.00 The bids are being reviewed at this time. 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