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Home My WebLink About20111017.tiff a l MEMORANDUM WUDe June 14 2011 COLORADO TO: Clerk to the Board DATE: Ju e FROM: Dean Dreher, Pavement Management, Public Works SUBJECT: Consent Agenda Item Attached is one signed original Agreement for the 2011 Crack Filler Material Supply with Crafco, Inc., Bid B1100059. Please submit to Chair for signature. pc: Purchasing M\Francie\AgendaChairSignature.doc nd — CS,'• Pu -a2o•-rQo 11 2011,101 7 H F C-1 Oa AGREEMENT 2011 CRACK FILLER MATERIAL SUPPLY THIS AGREEMENT, made this day of , 2011, by and between Weld County, Colorado, hereinafter called "Owner" and Crafco 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: 2011 CRACK FILLER MATERIAL SUPPLY described in the Invitation for Bids, Bid No. B 1 100059 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 2011 CRACK FILLER MATERIAL 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 Schedule/Receipt of Addenda (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) Lien Waiver (N) Final Lien Waiver (O) Notice to Proceed (P) Project Special Provisions (Q) General Conditions and Information (R) Revision of Section 105, Claims for Contract Adjustment (S) Revision of Section 106, Material Inspection (T) Revision of Section 106. Control of Material (U) Revision of Section 408, Materials/Joint& Crack Sealant No. , dated , 20 No. , dated ,20 Page 25 !o ao -Oa t 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: Crafco, Inc. THE BOARD OF WELD COUNTY CONTRACTOR BOD, )4 / A BY �/ —V NAME Barbara Kirkmeyer NAME Mark Manning (Please Type) TITLE Chair TITLE Vice President Date JUN 2 0 2011 ADDRESS 420 N. Roosevelt Avenue �+ rt�., Chandler, AZ 85226 ICe LLa a 412 tie' t '(SEAL) (SEAL) ATTEST: r `" "%/ ATTEST: Weld County Clerk to the Boa BY yj// -trite& BY Torn Ri herd Deputy rk to the Board (Please Type) TITLE Asst. Secretary Page 26 ?C//— Y Bond No. 929498407 PERFORMANCE BOND 2011 CRACK FILLER MATERIAL SUPPLY KNOW ALL MEN BY THE PRESENTS;that Crafco, Inc. (Name of Contractor) 420 N. Roosevelt Avenue, Chandler,AZ 85226 (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 (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 Fifty Four Thousand Three Hundred Sixty Dollars and No Cents Dollars,($54,360.00 ), 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: 2011 CRACK FILLER MATERIAL SUPPLY DESCRIBED IN THE INVITATION FOR BIDS, BID NO.B1100059. 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 27 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 28 PERFORMANCE BOND 2011 CRACK FILLER MATERIAL SUPPLY IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts, each one of which shall be deemed an original, this 7 day of SK Alf e , 2011 . Crate°, Inc. _ Contractor. (Contractor) Sec ry (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: SEE ATTACHED POWER OF ATTORNEY WESTERN SURETY COMPANY (Surety) Secretary ,GS /V Lr , ^ •n Acy W,i tn as Sure Att Bey-in-•act Jerry G. Veazey, Jr. Bott II Insurance Bottrell Insurance (Address) (Address) P.O. Box 1490, Jackson, MS 39215 P.O. Box 1490, Jackson, MS 39215 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 29 Bond No. 929498407 LABOR& MATERIALS PAYMENT BOND 2011 CRACK FILLER MATERIAL SUPPLY KNOW ALL MEN BY THE PRESENTS; that Crafco, Inc. (Name of Contractor) 420 N. Roosevelt Avenue, Chandler, AZ 85226 (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 (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 Fifty Four Thousand Three Hundred Sixty Dollars and No Cents Dollars,($54,360.00 ), 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: 2011 CRACK FILLER MATERIAL SUPPLY described in the Invitation for Bids, Bid No. B 1100059 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 tens 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 30 LABOR&MATERIALS PAYMENT BOND 2011 CRACK FILLER MATERIAL SUPPLY IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original, this I day of 1 w sr e ,2011 Crafco, Inc. Contractor III) /" By c C. , /- -, 24.--r.�.r L T - W / (Contra r)Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: SEE ATTACHED POWER OF ATTORNEY (Surety) Secretary WESTERN SURETY COMPANY S ) - i at Acy Witne : . to Suety Atton y-in-Fact Jerry G. Veazey, Jr. Bottrell Insurance Bottrell Insurance (Address) (Address) P.O. Box 1490, Jackson, MS 39215 P.O. Box 1490, Jackson, MS 39215 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 31 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,Thai 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 Jim A Armstrong, Jerry G Veazey Jr, Robert L Elliott, Jerry Eugene Horner Jr, Jason J Young, Trina Cobb, Linda D Whittington, Peggy L Jackson, Thomas Brent Tyler, Brody Eric Buckley, Angela Bullie, Katie L Acy, Individually of Jackson.MS, its true and lawful Attorneylsl-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 he hereto affixed on this 4th day of November,2010. o"a'ery.. WESTERN SURETY COMPANY - t\4.CA ' Js €g '^�M UPN�v,< � lB ru 0 ii Senior Vice President State of South Dakota 1 ss County of Minnehaha On this 4th day of November,2010,before me personally came Paul T. Brullat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls. Slate 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 he the act and deed of said corporation. My commission expires `%%%%% ww"""%%%%% D. KRELL November 30,2012 i BEAL NOTARY PUBLIC sFaL :1; SOUTH DUBLIC i D.Krell.No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this__ day of • o „.rs-"" k WESTERN SURETY COMPANY sF`95.04 , fA =w• zl f��EPN'p�+ CT. L.Nelson,Assistant Secretary Form F428PD9-lib Oi MEMORANDUM {�``� v P L N;"w w y9 tit__a A w ys :AD =`^ TO: Pat Persichino DATE: April 26, 2011 Director of Public Works �a ,�e, I w N T Y %, FROM: Dean Dreher, Pavement Management Supervisor 1VW1i td qF SUBJECT: Recommendation of"2011 Crack Filler Material Supply"Vendor. BID REQUEST NO. B1100059 On April 19, 2011, one bid was opened for the 2011 Crack Seal Supply. The bid submitted will not exceed the proposed 2011 Crack Filler Material Supply budget. VENDOR 2011 UNIT PRICE TOTAL PRICE CRAFCO, INC. $906.00 $54,360.00 420 N.ROOSEVELT AVENUE CHANDLER,AZ 85226 The sole bid was submitted by Crafco, Inc. Crafco, Inc is supplying crack filler material to the following agencies with satisfactory results: Boulder County City of Thornton State of Kansas Overland Park, KS City of Wheatridge The Public Works Department recommends the bid be awarded to Crafco, Inc in the amount of $54,360.00. M1 WPFILEs\I I ACCEPT CRACKFILLER-2011-approvalltr-59.doc (9O/ / - 1017 5l9/ao/i EGa)(oy WELD COUNTY PURCHASING 1861 - 2011 915 10TH St Room #334, Greeley CO 80631 E-Mail: mwalters(a�co.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 W E L DEC' O U N T Y Fax: (970) 336-7226 DATE OF BID: April 19th, 2011 REQUEST FOR: 2011 Crackfiller DEPARTMENT: Public Works Dept. BID NO: #B1100059 PRESENT DATE: April 25th, 2011 APPROVAL DATE: May 9th, 2011 VENDOR UNIT PRICE TOTAL PER TON CRAFCO, INC $906.00 $54,360.00 420 N. Roosevelt Avenue Chandler, AZ 85226 DENVER INDUSTRIAL SALES & SERVICE CO NO BID 850 South Lipan Street Denver CO 80223 **Estimated Quantity—60 tons It was the decision of the Weld Board of County Commissioners to award to the sole bidder for Public Works dept for the 2011 Crackfiller to vendor: CRAFCO, INC for the amount of$54,360.00. WELD COUNTY COLORADO BY: MONICA MIKA DIRECTOR OF FINANCE AND ADMINSTRATION 5/09/11 **THIS IS 1 YEAR CONTRACT WITH A RENEWAL OF UP TO 3 YEARS - (2014) ** Donna Bechler From: Rose Everett Sent: Monday, May 09, 2011 9:49 AM To: CTB Attachments: CRACKFILLER-2011.59.pdf This morning we approved the above bid. I forgot to add on their that this is a 1 year contract with a renewal extension of 3 years to 2014. Please make a note of this.Thank you Rose Everett Purchasing Dept 915 10th Street, 3rd Fl. Greeley CO 80631 PH: (970-356-4000 ext. 4222) FAX: (970-336-7226) d //1 7I W Ects (c'OviN*r u-. 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