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Home My WebLink About20130446.tiff u rs�l MEMORANDUM j►Xi1 a � TO: Clerk to the Board DATE: March 17, 2015 VZ CCUNT / FROM: Curtis Hall, Public Works Department SUBJECT: Agenda Item Bid #131300035 Doc #2013-0446 Contract Agreement Extension/Renewal with GMCO Corporation for the 2015 Dust Palliative Supply. Enclosures n+.a=.,o,e,cr:,uua inemii,ns=ria.,-ani,.ao, eonair CroLo- to Yu57FolCH , a0/3'°"`ica -1'te -as- oois 2 -O2 OO622 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Weld County 2015 Dust Palliatives Supply, Bid#61300035 DEPARTMENT: PUBLIC WORKS DATE: 02-17-2015 PERSON REQUESTING: Curtis Hall, Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County has two different Dust Palliatives Supply Agreements that were bid and approved in 2013. One agreement was with GMCO Corporation for 1,500,000 gallons of an 80-20 blend of mag-lig at $0.546 per gallon to be delivered to the county and provide a bulk storage tank at no cost, The other agreement was with EnviroTech Services Inc. for 500,000 gallons of an 80-20 blend of mag-lig at $0.46 to be picked up at their location. The combined agreement total was for 2,000,000 gallons at a total cost of$1,049,000. The Dust Palliatives Supply contracts were set up to be extended or renewed up to 2 additional times. The Board has the option of renewing the agreements from January 16, 2015, to December 15, 2015, as permitted by the contract. This extension would be the final renewable contract year of the two year extensions. The contract allows for yearly bid adjustments based upon the current Denver/Boulder/Greeley Consumer Price Index (CPI), which was a 2.8%increase from 2013 to 2014. Both companies are asking for cost increases, which are higher than the 2.8% CPI. GMCO is asking for a 3.5% increase adjusting their price to $0.565 per gallon and EnviroTech Services is asking for a 6.25% increase on their Durablend product they bid as an alternative on the 2013 bid adjusting their price to $1.03 per gallon. Public Works believes if this contract were to be bid out again this year it would result in higher costs than the requested increase. GMCO experienced an increase in both the magnesium chloride and lignin sulfate both of the last two years and is the only company still distributing this product locally. EnviroTech is a sole source provider of Durablend and there would be no benefit in re- bidding out this product. Last year GMCO provided the entire dust palliative product (2,000,000 gallons) to the county with no increase in their base price per gallon even though they were allowed per the contract to ask for a 2.77% increase. EnviroTech asked for a 28% increase in the magnesium chloride and a similar increase of 6.25% with their Durablend product. We tested the Durablend product last year and would like to expand the use of this product to see if cost savings could be realized in very specific applications. Public Works Department has been satisfied with GMCO's and EnviroTechs service and products. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public works would like to extend the dust palliative contract for the final year allowed, for 1,600,000 gallons of 80-20 mag-lig blend from GMCO at $0.565 per gallon for a contract price of $904,000 and 225,000 gallons of Durablend from EnviroTech at $1.03 per gallon for a contract price of 231,750. The total contract dollars would be $1,135,750 and the budgeted amount for 2015 is $1,146,000. If approved Public Works will work with Don Warden for budget adjustments. Approve Schedule Recommendation Work Session Other/Comments: Barbara Kirkmeyer, Chair Mike Freeman Sean P. Conway Julie Cozad Steve Moreno Attachments pc: Jay McDonald MVC urns iConL ctsU➢IIA20UcontrncEiWork Session Nequest doo - e.L:�.t CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND GMCO CORPORATION rid. A'rt,t:rnent Extension/Renewal ("Renewal"), made and entered in'o 2' day of Mar_h, 2C15, by and between the Board at Weld County Commissioners, on behalf of the Weld County Department of Public Works, helein.tft'•r referred to.is the"Depar tment",and GMCO Corporation,hereinafter referred to a;the'Contractor-. WHEREAS'he parties enteied into an agreement on February 22.2O13(the"Original At;reenient"),identified as dnctunert by the Weld Co.nity Cleik to the Board of County Contniissroriers a,document fVR1300035/2013-044(. WHL•RLAS the parties hereby agree to extent:the term of the Original Agreement in accordance with the terms et the Ui iiiinal Ac i eenient,which is incorporated by reference herein.as well as the terms provided here n. NOW 1HCREFORE,in Consideration of the premises,the parties hereto covenant and agree as follow.: • I he Ori in.il AL;I iternent will end on December 15,2014. • The nag ties agree to extend the.Original Agreement for an additional 1 year period,which will begin December Id,20:'I, and will enc.on December 15, 2015. • The Renewal,to;;ether with the Original Agreement.constitutes the entire understanding between the:tarties. The following c'uag:e is hereby made to the Contract Documents: ..t The original hid schedule is to be replaced by the attached 2015 hid schedule. 2. Conti act pr it..,cureiise from$0.546 to$0 565 per gallon,for a tatal contract aniount nOt to exceed$'.104.000. • Ail Mitch tcrn•s and conditior..s of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the aay,month,and year'irst above wr it ten. CONTRACTOR: It Printed NI,.6e BOARD OF COUNTY COMMISSIONERS _ �-- -- WELD COUNTY,COLORADO Si delfrAvi) je:14,;6k. ATTEST. Wald mini 'r, 1 to oar .. // Barbara Kitkraeyer, ..air MAR 5 2015 BY: _ cpi.'y Cirri: th.e Hoard t-P...A412 APPROVED AS TO SUBS lANCEi 'ROVEDASTO� �Ol.�j�,y� S61 Ci�n'�iilfc: 1J p --- � 4 I .r Fl dal or ciepa+.anon`H2Pat riwtotAite ('iur:y AI -- Durectom o'Genet al'Services, O1&/O - D4L`7 2015 BID SCHEDULE ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives 1.600.000 GALLONS I'r ,y, G-a.n_Goo ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 20,000 gallons PER 106.08 Bulk Storage Tank MONTH dieutp— Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver load material onto bulk tanks. Prices for the bulk tank shall include delivery and removal and a pumping system to load the material in to and out of the tank. }fie. ' d Bond No. S9164990 PERFORMANCE BOND Dust Palliatives Supply KNOW ALL MEN BY THE PRESENTS;that GMCO Corporation (Name of Vender) P.O.Box 1480,Rifle,CO 81650 (Address of Vender) Corporation _,hereinafter called Principal, Vender,and a(Corporation, Partnership,or Individual) Washington International Insurance Company . (Name of Surety) 475 N.Martingale Road,Suite 850,Schaumburg,IL 60173 (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 stun of Nine Hundred Four Thousand Dollars and No Cents Dollars, (S 904,000.00 ), 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 2 day of March , 20 15 , a copy of which is hereto attached and made a part hereof for the construction of: Dust Palliatives Supply: described in the Invitation for Bid, Bid No. 81300035 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms,conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. PERFORMANCE BOND Dust Palliatives Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed 'final, this 2 day of March •20 15 • 7 GMCO Corporation Contract()cz-f Contractor)Secretary (SEAL) P.O.Box 1480,Rifle,CO 81650 (Witness as to Contractor) (Address) P.O.Box 1480,Rifle,CO 81650 (Address) ,1'I I1 S l : Washington International Insurance Company — (Surety)Sem Surety (SEAL) t3, W- • c ilit4ithAink-P ness as to Surety At rney-in-Fact -Ashley K.Andersor), 2742 Crossroads Blvd.,Grand Junction,CO 81506 475 N.Martingale Road,Suite 850,Schaumburg,IL 60173 (Address) (Address) NOTE: Date of Bond lust not he 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. II NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: TIMOTHY J.BLANCHARD,ANITA C.ICELLER,ASHLEY K.ANDERSON,BROOKE DIANA LEE BECK,TERRI L.REESE, VICKIE GOLOBIC,ROBERT CHARLES TORREZ,JONATHAN B.LAND and BRIAN MAYER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship exectited under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." • utllHly ap��.iuUl//j� y� /� Avouwuorunwpty &V▪ 7 t: By �2;i F: t SEAL i g ls ls Steven P.Anderson,Senior Vice President of Washington International Insurance Company E$: SEAL ▪ y 1873 &Senior Vice President of North American Specialty Insurance Company Os :7, yes C.p c 1dQ., wthmiliolo By David M.Layman,Vice President of Washington International Insurance Company rnaw &Vice President of North American Specially Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 27th day of February 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 27thday of February ,2014,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ,, 4"OFFICIAL SEAL" AVOW J is.0 DONNA D.SKLENS i I Notary Public,State of Illinois i Donna D.Sklens,Notary Public I My Commission Expires 10/06/2015 1, Jeffrey"Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 2nd day of March ,2015 . Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company Client#: 120981 GMCO2 ' ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 12!(MM/D(MMlDDlYYYY) 14 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 NAMEACT Joan Teeple HUB International Ins Svcs Inc PHONE_(A/C,No,Ext):720-207-2329 (A/C,No):FAX 866-243-0727 2742 Crossroads Blvd E-MAIL oan.tee le hubinternational.com Grand Junction, CO 81506 �ADOREss: joan.teeple@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIL# 888 245-8011 INSURER A:Zurich American Insurance Compa 16535 INSURED INSURER B:American Guarantee and Liabilit 26247 GMCO Corp; GMCO LLC INSURER C: an Pinnacol Assurance Company 41190 PO Box 1480 INSURER D: Rifle, CO 81650 INSURER E: INSURER F: CA Resident License#0757776 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR INVD POLICY NUMBER W SMMIDD1YYYY)JMM/DD/ YY)__ _ A GENERAL LIABILITY CPO399130613 12/31/2014 12/31/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $300 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) , CLAIMS-MADE I XI 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 $2,000,000 POLICY PEI° LOC $ A AUTOMOBILE LIABILITY CPO399130613 12/31/2014 12/31/2015 COMBINaccident)ED SINGLE LIMIT $1,000,000 (Ea _. XI ANY AUTO BODILY INJURY(Per person) $ I—ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X AUTOSWNED Per accident) R0PERTY DAMAGE $ I B I X UMBRELLA LIAB X OCCUR AUC485679104 12/31/2014 12/31/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION 4155502 07/01/2014 07/01/2015 X I WC STATU- I Nil- AND EMPLOYERS'LIABILITY TORY LIMITS ER- ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N!A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) This seciton intentionally left blank CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Motor Grade Division ACCORDANCE WITH THE POLICY PROVISIONS. 111 H Street PO Box 758 AUTHORIZED REPRESENTATIVE Greeley, CO 80632I --6 2 p �� ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3248037/M3247947 KY01 MEMORANDUM 2_ EL�� TO: Clerk to the Board DATE: March 17, 2015 r=-0 N? Y S FROM: Curtis Hall, Public Works Department SUBJECT: Agenda Item Bid #B 1300035 Doc #2013-0446 Contract Agreement Extension/Renewal with Envirotech for the 2015 Dust Palliative Supply. Enclosures U':Fnnaic A(.LVDA nicu,o,.Scnee-(-unn. Aoc 07O45 N4467 (0 �3 d� abi� 3-oz5 /o BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Weld County 2015 Dust Palliatives Supply,Bid#B1300035 DEPARTMENT: PUBLIC WORKS DATE: 02-17-2015 PERSON REQUESTING: Curtis Hall, Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County has two different Dust Palliatives Supply Agreements that were bid and approved in 2013. One agreement was with GMCO Corporation for 1,500,000 gallons of an 80-20 blend of mag-lig at $0.546 per gallon to be delivered to the county and provide a bulk storage tank at no cost. The other agreement was with EnviroTech Services Inc. for 500,000 gallons of an 80-20 blend of mag-lig at $0.46 to be picked up at their location. The combined agreement total was for 2,000,000 gallons at a total cost of$1,049,000. The Dust Palliatives Supply contracts were set up to be extended or renewed up to 2 additional times. The Board has the option of renewing the agreements from January 16, 2015, to December 15, 2015, as permitted by the contract. This extension would be the final renewable contract year of the two year extensions. The contract allows for yearly bid adjustments based upon the current Denver/Boulder/Greeley Consumer Price Index (CPI), which was a 2.8%increase from 2013 to 2014. Both companies are asking for cost increases, which are higher than the 2.8% CPI. GMCO is asking for a 3.5% increase adjusting their price to $0.565 per gallon and EnviroTech Services is asking for a 6.25% increase on their Durablend product they bid as an alternative on the 2013 bid adjusting their price to $1.03 per gallon. Public Works believes if this contract were to be bid out again this year it would result in higher costs than the requested increase. GMCO experienced an increase in both the magnesium chloride and lignin sulfate both of the last two years and is the only company still distributing this product locally. EnviroTech is a sole source provider of Durablend and there would be no benefit in re- bidding out this product. Last year GMCO provided the entire dust palliative product (2,000,000 gallons) to the county with no increase in their base price per gallon even though they were allowed per the contract to ask for a 2.77% increase. EnviroTech asked for a 28% increase in the magnesium chloride and a similar increase of 6.25% with their Durablend product. We tested the Durablend product last year and would like to expand the use of this product to see if cost savings could be realized in very specific applications. Public Works Department has been satisfied with GMCO's and EnviroTechs service and products. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public works would like to extend the dust palliative contract for the final year allowed, for 1,600,000 gallons of 80-20 mag-lig blend from GMCO at $0.565 per gallon for a contract price of $904,000 and 225,000 gallons of Durablend from EnviroTech at $1.03 per gallon for a contract price of 231,750. The total contract dollars would be$1,135,750 and the budgeted amount for 2015 is $1,146,000. IT approved Public Works will work with Don Warden for budget adjustments. Approve Schedule Recommendation Work Session Other/Comments: Barbara Kirkmeyer, Chair Mike Freeman Sean P. Conway Julie Cozad Steve Moreno frt Attachments pc: Jay McDonald N`ICotlisACa nm criCa3\20 oe mrn.aavork Session Request does CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIROTECH SERVICES INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 2°° day of March, 2015, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the"Department",and Envirotech Services inc,hereinafter referred to as the"Contractor". WHEREAS the parties entered into an agreement on February 22, 2013(the"Original Agreement"), identified as document by the Weld County Clerk to the Board of County Commissioners as document#81300035/2013-0446. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement,which is incorporated by reference herein,as well as the terms provided herein. NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: • The Original Agreement will end on December 15,2014. • The parties agree to extend the Original Agreement for an additional 1 year period,which will begin December 16,2014, and will end on December 15,2015. • The Renewal,together with the Original Agreement,constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. The original bid schedule is to be replaced by the attached 2015 bid schedule. 2. Contract price increase from$0.97 to$1.03 per gallon,for a total contract amount not to exceed$231,750. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,and year first above written. CONTRACTOR: 7(4 & P. ted Name --- �� BOARD OF COUNTY COMMISSIONERS -- WELD COUNTY,COLORADO Sign re ATTEST: Weld un rk to the Board ° Y-4) /Barbara Kirkmeyer,Ch r 2015 MAR 2 BY: Deputy Clerk o the oard 361 l APPROVED AS TO SUBSTANCE: ROVED AS TO F DIN / kl,q yn Controller Ele ff Depart nt Head APPR S T O • Tt- , ^/r_ a` c unty t Director of Gener ervices p20/3 _ V4('' 2015 BID SCHEDULE ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives 225.000 GALLONS / ,� '�7)14 ?J/ 77 o ITEM# ITEM OUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 20,000 gallons PER 106.08 Bulk Storage Tank I MONTH N/A N/A Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver load material onto bulk tanks. Prices for the bulk tank shall include delivery and removal and a pumping system to load the material in to and out of the tank. PERFORMANCE Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 106111178 CONTRACTOR: SURETY: ( gaddress) legal principalf ) atne,legal status and (Name, status and place o husiruss EnviroTech Services, Inc. Travelers Casualty and Surety Company of America 910 54th Avenue, Suite 230 One Tower Square Greeley, CO 80634 Hartford, CT 06183 OWNER: (Name,legal status and address) The Weld County Department of Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 CONSTRUCTION CONTRACT Date: March 2, 2015 Amount:S 231,750.00 Two Hundred Thirty One Thousand Seven Hundred Fifty Dollars and 00/100 Description: (Name and location) #B1300035/2013-0446 BOND Date: March 2, 2015 (Not earlier than Construction Contract Date) Amount:S 231,750.00 Two Hundred Thirty One Thousand Seven Hundred Fifty Dollars and 00/100 Modifications to this Bond: [ x None See Section 16 CONTRACTOR AS PRINCIPAL SURETY /6*aM"'Ut yc Company: EnviroTech Services Inc. Company: Travelers Casualty and Surety Corr i America� ' p� ) c3� (Corporate Seal) (Corporate Seal) _�,r HACRt��i r i 2Signature' l IG C '---- Signature: 4 Iwo Al.,t. Name an: L'v.aeles 3 D t tcs o.v Name and A ej n ra G. Ven ga Title: Se.cc,-c-e.e` Title: Atto ne -in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) USI Insurance Services, LLC 1904 Warren Avenue Cheyenne, WY 82001 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may, within five(5) business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. lithe Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14,2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond arc as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 PAYMENT Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 106111178 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) EnviroTech Services, Inc. Travelers Casualty and Surety Company of America 910 54th Avenue,Suite 230 One Tower Square Greeley, CO 80634 Hartford, CT 06183 OWNER: (Name,legal status and address) The Weld County Department of Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 CONSTRUCTION CONTRACT Date: March 2, 2015 Amount:$ 231,750.00 Two Hundred Thirty One Thousand Seven Hundred Fifty Dollars and 00/100 Description: (Name and location) #B1300035/2013-0446 BOND Date: March 2, 2015 (Not earlier than Construction Contract Date) Amount:$ 231,750.00 Two Hundred Thirty One Thousand Seven Hundred Fifty Dollars and 00/100 Modifications to this Bond: x None Sec Section 18 �JRpr.„ir� CONTRACTOR AS PRINCIPAL SURETY ha�` ............ Company: EnviroTech Services/Pi Company: Travelers Casualty and Suret AA'yi�likietli75 (Corporate Seal) (Corporate Seal) _: C0M, / Signatures�� 7 �U «`" Signature: I Name and Cher(el s B - +D 7cic S d As Name and Alejan G. enega Title: Beard Title: Attorn y 'n-Fact (Any additional signrs appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) USI Insurance Services, LLC 1904 Warren Avenue Cheyenne, WY 82001 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition § l The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). § 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that arc disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. § I0 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. § 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The tenn Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond arc as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American institute of Architects Document A312,2010 edition 4 TRAVELERSJ POWER OF ATTORNEY Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Surety Bond No, 106111178 Principal: EnviroTech Services, Inc. OR Project Description: #81300035/2013-0446 Obligee: The Weld County Department of Public Works KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Alejandra G.Venegas of the City of Cheyenne ,State of WY ,their true and lawful Attorney-in-Fact,to sign,execute,seal and acknowledge the surety bond(s)referenced above. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this 10th day of September,2012. Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company .3U TY oice `�i itro ��u��y osttery �{fAk, t o t 11axt.rm �j era.,r �./JO��t w K 3912SSo .r ?*t 9 +s.a+ . r' tr�� pp � State of Connecticut By: - City of Hartford ss. Robert L Raney,Senior Vice President On this the 10f'' day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. c.T1r My Commission expires the 30th day of June, 2016. �(�* *40))* QA'"t' . Marie C.Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required) by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2nd day of March , 2015 A-G�-=- KC if-6.4-- Kevin E.Hughes,Assistant Secretary ,e-f-,.O �TT . 't. tqt. ci,/"..1.74.,,,..r) �.�.'W, , �� 'YM(,\.9, �i n c1' 1.0. * gyp, T" rGL:-”ft�7NwrtdC11 hut^ ./ J 1 i 1911 0 , 1977 C D` l _ ` +„ ^ t�° ��µa>��c. r rasf )�, . r 16$1 * 1� �l4�o �i SSAL•� ,. 7 Yr, is �87G,l/ 4�,+te�"«a► ly.� 4' ..J is. V fs.,1 is . r .• . ../ �, ..... 1 \19 JtN.% To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named Individuals and the details of the bond to which the power/s attached. _____.......4,, ENVISER-01 VLUJAN AcC: RO CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDDlYYYYJ `� 3/11/2015 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 art endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services LLC PHONE i FAX 1904 Warren Avenue INC No,Ext) 307)6354231____.-.. __--- ,I(ac,No): (307)635-4237 E-MAIL Cheyenne,WY 82001 ADDRESS INSURER(S)AFFORDING COVERAGE NAIC d INSURER A_Navigators Specialty Insurance Company 36056 INSURED INSURER B:Navigators Insurance Company 42307 EnviroTech Services,Inc. INSURER C: 910 54th Avenue,Suite#230 INSURER D: Greeley,CO 80634 INSURERS: INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI-lIS 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. ADDLISU9R - r POLICY EFF 'I-POLICY EXP INSRI TYPE OF INSURANCE LTR INSD.WVDI POLICY NUMBER •IMMIDDIYYYY{I(MM/DO/YYYYI I LIMITS A X COMMERCIAL GENERAL LIABILITY rI I I EACH OCCURRENCE $ 1,000,000 -- CLAIMS MADE IX OCCUR ICH14NP3709281NC DAMAGE TOGO-RENTED 04(1512014 04115/2015 PREMISES(Eaxnxrence, is 500,000 X Pollution Ind EXP(Any one person) I$ 25,000 _... PERSONAL 8 ADV INJURY 3 1,000,000 I GENT AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE - S 2,000,000 X POLICY I I jEC I1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER S AUTOMOBILE LIABILITY j COMBINE 1DISINGLE LIMIT $ -_-1,000,000 B ANY AUTO I CE11 BAP01735603 - 04115/2014 04/15/2015 BODILY INJURY(Per person) $ 1 ALL OWNEDS I X (SCHEDULED BODILY INJURY(Per aocidenl) S NON-ONR EO , PROPERTY DAMAGE $ X HIRED AUTOS AUTOS i ,(Per accident) S I i UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ I$ 2,000,000 A X 'EXCESS LIAR CLAIMS-MADE CH14NP3709281NC 04/15/2014 04/15/2015 AGGREGATE I s 2.000,000 IDED I RI ETENTI0N$ Annl Aggregate s 2,000,000 WORKERS COMPENSATION I I PER 1 OTH- I AND EMPLOYERS'LIABILITY YIN { STATUTC. ER _I ANY PROPRIETOR/PARTNER/EXECUTIVE N 1 A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? . _.. (Mandatory In NH) E L.DISEASE-EA EMPLOYEE S II yes,describe under I �, DESCRIPTION OF OPERATIONS below F I. DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate is issued usual to operations of manufacturing.This certificate supersedes any previously issued certificate. RE:81300035/2013-0446 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Weld County Department of Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street,PO Box 758 AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 2512014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT NO. 014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY It Is hereby agreed as follows: A. The following is added to Paragraph c.Method of Sharing In Subsection 15.Other Insurance of SECTION IV. CONDITIONS OF INSURANCE: Notwithstanding the foregoing,we will not seek contribution from other Insurance available to an Additional Insured fisted within or endorsed to this policy,but only if you have agreed in a written contract to provide such Additional Insured with primary and non-contributing insurance,and such contract Is executed and effective prior to any claim, occurrence, loss, excess loss, or other Injury or damage, to which this policy applies. B. Nothing in this endorsement shall operate or be construed to increase any of our limits of liability under this Policy. Alt other terms,conditions,and exclusions shall remain the same Form No: NENV4017 (81111) Page 1 of 1 z.,!1/4.. rgsl MEMORANDUM N T...Y _ TO: Clerk to the Board DATE: March 25, 2013 FROM: Mike Livengood, Public Works SUBJECT: Consent Agenda Item RE: Doc. #2013-0446 • Bid No. B1300035 Contract Extension/Renewal for the 2014 DustPalliative Supply with GMCO Corporation. Attached is one original Contract Extension/Renewal. M:\Francie\AGENDA memos\AgendaChairSignature.doc kafAa____} 3'31- cc.'A19 (re, z) 3/Sy/ 020/3 -0gtgo 64 2 CONTRACT EXTENSION/RENEWAL Dust Palliatives Supply Date: 2/26/2014 Dust Palliative Supply Bid No.B1300035 The project, in general consists of delivering of 2,000,000 gallons Liquid Dust Palliatives to bulk tanks and providing a 20,000 gallon bulk storage tank for use in providing dust mitigation on gravel roads within Weld County. Owner: Weld County Public Works Department,P.O.Box 758 Greeley, Colorado 80632 Vendor: GMCO Corporation,P.O.Box 1480 Rifle, Colorado 81650 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Dust Palliative Supply Agreement for GMCO Corporation is extended from January 16, 2014 to December 15, 2014, as permitted by the contract. This extension is the first renewable contract year of a possible two year extension. Change to Original Bid Schedule: The 2014 Bid Schedule for the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: There is no change in the contract price of$0.546 a gallon from 2013 to 2014. CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: P 3 Owner Representative: L4aCrilu Date: MAR 1 2014 Douglas ademacher (Chair) Project Manager: /11-'7" Date: Director:C. Date: -3 -;,l5 / APPROVALS: Vender: GMC Corporation ' By: — Date: 3/3/14 Jer Henderson Title: Pr si ent 070/3- BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Weld County 2014 Dust Palliatives Supply, Bid#B1300035 DEPARTMENT: PUBLIC WORKS DATE: 03-11-2014 PERSON REQUESTING: Curtis Hall, Motor Grader Supervisor,Weld County Public Works Brief description of the problem/issue: Weld County has two Dust Palliatives Supply Agreements that were bid and approved in February 2013. One agreement is with GMCO Corporation for 1,500,000 gallons to be delivered to Weld County shops and provide a bulk storage tank. The other agreement is with Envirotech Services Inc. for 500,000 gallons to be picked up at their facility, for a total of 2,000,000 gallons. The Dust Palliatives Supply contracts are set up to be extended or renewed. The Board has the option of renewing the agreements from January 16, 2014, to December 15, 2014, as permitted by the contract. This is the first extension of two, one year extensions. The contract allows for yearly bid adjustments based upon the current Denver/Boulder/Greeley Consumer Price Index, which is a 2.77% increase from 2012 to 2013. GMCO Corporation did not request an increase for this year. Envirotech Services requested an increase of 28% which is not within the amount allowed for yearly bid adjustments according to the contract for 2014. • GMCO Corporation bid 2,000,000 gallons at $0.546/gallon for a total contract price of$1,092,000.00. and they will provide a 20,000 gallon bulk storage tank at no charge. • Envirotech Services bid 500,000 gallons that Weld County picks up at $0.640/gallon for a total contract price of$320,000.00 Public Works Department has been satisfied with GMCO's service and products The amount budgeted for 2014 is $1,088,500.00. Public Works will work with Don Warden if budget adjustments are necessary. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public Works recommends approving the renewal of GMCO Corporation's 2014 Bid Schedule and Dust Palliatives Supply Agreement, and reject the contract extension from Envirotech„ for the 2014 Dust Palliatives Supply Approve Schedule Recommendation Work Session Other/Comments: Douglas Rademacher,Chair Barb Kirkmeyer Sean P.Conway _l Mike Freeman Fnl� William F. Garcia (4 j, Attachments pc: David Bauer, Elizabeth Relford M\Curtis\Contracts\2013\20 Ucontrztt\Work Session Request.docx BID PROPOSAL Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. Bid Proposals shall not, for any reason, be unbound from this Document. The Bid Proposal must be filled out completely, in detail, in ink and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. 2014 BID SCHEDULE ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 209.08 Liquid Dust Palliatives 2,000,000 GALLONS $0.546 $1,092,000.00 ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 20,000 gallon PER 106.08 Bulk Storage Tank I MONTH No Charge No Charge No Charge for bulk storage tank when used with GMCO material. Prices for the liquid dust palliatives shall include all labor and equipment costs necessary to deliver load material onto bulk tanks. Prices for the bulk tank shall include delivery and removal and a pumping system to load the material in to and out of the tank. BID SUMMARY I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. FIRM GMCO Corporation, BUSINESS ADDRESS P.O. Box 1480 CITY, STATE,ZIP CODE Rifle,Colorado 81650 TELEPHONE NO. 970-625-9100 FAX NO. 970-625-9101 TAXPAYERLD. 45-4028929 BY: Je Henderson TITLE : DATE: 3/3/14 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98- 03551. WELD COUNTY FAX NO. (970)352-9019. NOTE: The following are items of work to be completed by Weld County: Client#: 120981 GMCO2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/03/2014 • 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 Courtney Brown • HUB International Ins Svcs Inc PHONE 970-254-3310 FA1 866-908-6374 (A/C,No,EXU: (A/C,No): 2742 Crossroads Blvd EMAIL ADDRESS: courtney'brown@hubinternational.com Grand Junction, CO 81506 INSURER(S)AFFORDING COVERAGE NAIL# 888 245-8011 INSURER A:Zurich American Insurance Compa 16535 INSURED INSURER B:American Guarantee and Liabilit 26247 GMCO Corp INSURER c:Pinnacol Assurance Company 41190 PO Box 1480 INSURER D: Rifle, CO 81650 INSURERS: INSURER F: CA License#0757776 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. INSR T TYPE OF INSURANCE INSR L WVD POLICY NUMBER (MM/DDYIYEYYY) (MM/DDT EXP LIMITS A GENERAL LIABILITY CPO399130612 12/31/201312/31/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(UpEaoccurrence) $300,000 ICLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X PD Ded:5,000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY jEOT LOC $ A AUTOMOBILE LIABILITY CPO399130612 12/31/2013 12/31/2014 (EOM accideentSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ X AUTOS (Per accident) $ B x UMBRELLA LIAR X OCCUR AUC485679103 12/31/2013 12/31/2014 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION 4155502 07/01/2013 07/01/2014 X IWCSTIMITs IFORH AND EMPLOYERS'LIABILITY OFFICERIMEMBER EXCLUDED?ECUTIVE Y/N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 ' If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) This seciton intentionally left blank CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Motor Grade Division ACCORDANCE WITH THE POLICY PROVISIONS, 111 H Street PO Box 758 AUTHORIZED REPRESENTATIVE Greeley,CO 80632 �/✓=�� I �.,, ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD $C979C1 SO/M9RndC79 II-111 • • - PERFORMANCE BOND • • : Dust Palliatives Supply . ::.:.;` • KNOW ALL IVIEN BY THE PRESENTS- that : :. GMCO Corporation (Name of Vender) P.O.Box 1480,Rifle,CO 81650 (Address of Vender) ti Corporaon l • . ..... .:. • : . . . . ; : :: ,hereinafter called Principal . . . .12* Vender, and a(Corporation. Partnership,or Individual) Washington International Insurance Company (Name'of Surety} 475 N.Martingale Road,Suite 850,Schaumburg,:IL 60173 • (Address of Surety) hereinafter called surety, are held and firmly bound unto • Welt!County, Colorado (Name of Otitner) 1111 H Street,P.O. Box 758,Greeley.Colorado 80632 (Address of Owner) • • hereinafter called Owner, in the penal sum of One Million Ninety Two Thousand Dollars and No Cents Dollars, ($ 1,092,000.00 ), 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 picsei is• THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owitet•, dated the 26 day of February 20 14 , a copy of which is hereto : ...• attached and made a part hereof for the construction of: 1)us(Palliatives Sti l : described in the Invitation for Bid, Bid No.111300035 NOW 'I'1-ILRLF0RC, if the Contractor shall well, truly and faithfully perform its ditties, all of undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereQ `:. .: :.. f and any extensions.theicot'which may he 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 tinder 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 iemaitt:it.::' force and effect. . . .. .....:. PROVIDED, I'URTLICR,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 pei`fornted there tinder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, artt�al 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 ibo final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. PERFORMANCE BOND Dust Palliatives Supply. • IN WITNGSS:W:I10RCOP, this,:instrument:is:executed in five(5) counterparts, each one of which snail be: :_ deemed an original,this 20: day of March ,20.14;: ., GMCO Corporation Contract • ( .oiti°lctor Secretary eY �.�a ,�r.�-rr� i7 (SEAL) P.O. Box 1480,Rifle,CO 81650. (Witness as to Contractor) (Address) P.O..Box 1480,.Rifle,CO 81650 (Addl*SS) • ATTEST: Washington International Insurance Company (Surety) Secretary Surety (SEAL) ::..� BY W. ..esc as to Surety Atto 1 yin-Fact -Ashley K.Anderson 2742 Crossroads Blvd.,Grand Junction,CO 81506. . 475 N.Martingale Road,Suite.850,Schaumburg,IL 60173 (Address) (Address) NOTE Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond. IMPORTANT:-1 Surety companies executing Bonds must appear on the Treasury Department's mo;t current list(Circular.570'as amended)and be ailthoiized to transact business in the State where the Project is located. : PAYMENT BONA, ,:...:: ..: ` : : ::::::..: .::;. `: :. .. .. : : . ,. Dust Pa-lliati�Ves�S.ut nl KNOW ALL MEN BY THE PRESENTS that GMCO Corporation:: of.Contractor : . .... . .. (Name P.O.Box 1.480.Rifle,:COr 8165Q • (Address of Contracto). ... . .., Corporation . hereinafter called Principal Coritiactor,and a(Corpciration.Paintersliip,or'Individoal)• . Washington International Insurance Company (Name of Sure . 475 N.Martingale Road,Suite;850,Schaumburg,IL 60173 (Address of Surety) , hereinafter tailed surety,are held and firmly bound unto 1r1'eld County.Colorado (Name of Owner) • I I l 1 H Street; P.O.Box 758,:Greeley, Colorado $0630. . . . (Address of Owrier) Hereinafter called Owner,in the penal sum of One Million Ninety Two Thousand'Dollars and No Cents r. Dollars, ($ 1,092,000.00 ), iti 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,.ointi and severally firmly 1.)Y these presents. y THE CONDITION OF THIS.OBLIGATION is such that whereas, the contractor entered into a certain Contract with the Owner,dated the 26 day of February 20 14: a copy of vidhieli is hereto attached and made a part hereof for the construction of: • Dust palliatives supply described in the invitation for Bid, Bid No.B13titW35 i. NOW, THEREFORE, if the Contractor shall proinptly 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 moditication'thereof, including all amounts due for materials, lbricants, oil, gasoline, repairs on machinery, equipment and tools,consumed or used in connection Nvith the construction of such 1Vork,and all insurance premiums on said Work, and for all labor, perforrned in such Work whether by Subcontractor or otherwise then this obligation shall be void,;otherwise to.remain in full force and effect. PROVIDED, FtIRTI-IER, 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 Worl- .to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this [fond, and it does hereby waive • notice of airy such change,extension of time;alteration oraddition 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 ntay be unsatisfied. . LABOR&MATERIALS PAYMENT BOND Dust Palliatives Supply IN WITNESS WHEREOF, this..instrument is executed in five(5)counterparts,each one of which shall be deemed an original, this 20 day of.: March ,2014 . ' GMCO Corporation Con actor 46*44—: Ely; (Contractor)Secretar)� e-i e- :,sue 21 /re'c.�p� (SEAL) P.O.Box 1480,Ritter CO 81650 (Witness as to Contractor) (Address) P.O.Box 1480,Rifle,CO 81650 (Address) ATTEST: (24,' (-1.. : Washington International Insurance Company (Surety)Secretary Surety (SEAL) 01/01)/ L.,IP/l/f/1"' By V__. •....42 [K..ck.e/t.L.4trv,P Witness-as tO Sur Attorn in-Fact `Ashley.K.Anderson 2742 Crossroads Blvd.,Grand Junction;CO 81506 475 N.Martingale Road, Ite 850,Schaumburg,IL 60173 (Address) (Address) NOTE: :Dateof Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute. IMPORTANT: Surely companies executing Bonds titust 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. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: TIMOTHY T.BLANCHARD,ANDREW P.WALTERS, ANITA C.KELLER,ASHLEY K.ANDERSON and JONATHAN B.LAND JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or maybe required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contractor suretyship executed under this authority shall exceed the amount of FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by'facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9111 of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ��1PurY/ .7 a\ a0.mnoow„u� 110Ng1 `n 2:Lo 4F:$y By __. _.� coPPore.�a `J SEAL :m= Steven P.Anderson,senior President of Washington International Insurance company azc SEAL ae 1973 u &Senior Vice President olsord'Amarican Specialty Insurance Company 0 n6 O' q kill1TP5 l 9 g a oN r AN dP� *g4 SEyj R+k to //I/IIIIIn111PtP �^` David M.Layman,Vice President of Washington International Insurance Company y Rhlgf a114t ,aa &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June ,2012 before me,a Notary Public personally appeared Steven P.Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 11 "OFFICIAL SEAL - Nom- nlr',0 , n,� DONNA D.SKLENS Notary Public,State of Illinois t Donna D.Skiers,Notary Public My Commission Expires 10/06/2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 20th day of March ,2014 p / Jeffrey Goldberg,Vice President&Assistant secretary of Washington International Insurance Company&Notth American specialty Insurance Company W 1861 � , ), r - MEMORANDUM - L! r N T y TO: Board of Commissioners DATE: February 22, 2013 FROM: Dave Bauer, Director of Public Works SUBJECT: 2013 Dust Palliative Supply Bid, B1300035 The Public Works Department recommends that the Board of County Commissioners accept the low bid from GMCO Corporation, for dust palliative chemical for 2013 at a cost of$0.546 per gallon for 75% of the 2,000,000 gallon bid. The Public Works Department also recommends that the Board of County Commissioners accept the bid from GMCO for a 20,000 portable storage tank of No Charge. The cost for the 1,500,000 delivered to the county tanks and the supplied portable tank from GMCO is $819,000. The Public Works Department recommends that the Board of County Commissioners accept the alternate bid submitted by Envirotech of$0.499 per gallon for 25% of the 2,000,000 gallon bid. These 500,000 gallons can be picked up at Envirotech's facility on Weld County road 33 south of road 394 and could be used on the chemically treated roads in the southwest portion of the county. The cost of the 500,000 gallons from Envirotech is $249,500. The total of$1,068,500 is a savings of$23,500 over awarding the entire contract to the low bidder. If you have any questions, please contact me at extension 3739. V =;- O' 1`1• L ") '� Z t G a__)(*; WELD COUNTY PURCHASING Wear 915 10TH St Room #334, Greeley CO 80631 IP , 11r E-Mail : mwaltersCcr�co.weld . co. us E-mail : reverettCcilco.weld . co . us Lr r I , Phone : (970) 356-4000 , Ext 4222 or 4223 Fax: G o U t? z ' (970) 336-7226 DATE OF BID : February 11th, 2013 REQUEST FOR: 2013 DUST PALLIATIVE SUPPLY DEPARTMENT: Public Works Department BID NO : #B1300035 PRESENT DATE : February 13th , 2013 APPROVAL DATE : February 27th, 2013- (One year contract-renewable for up to (two) additional years) LIQUID DUST PALLATIVES TANK VENDORS PER GALLON CONTRACT PRICE STORAGE GMCO CORPORATION $0 . 546 $ 1 , 092 , 000. 00 NO CHG P O Box 1480 Rifle CO 81650 ENVIROTECH SERVICES INC $0. 556 $ 1 , 112 , 000. 00 NO CHG 910 54th Avenue #230 $0 . 970 (Durablend) Greeley CO 80634 ALTERNATIVE BID: (NOT REQUESTED) ENVIROTECH SERVICES INC $0 . 499 - PICKUP PRICE FROM THEIR EVANS FACILITY 910 54th Avenue #230 Greeley CO 80634 The project, in general consists of delivering of 2,000,000 gallons Liquid Dust Palliatives to bulk tanks and providing a 20,000 gallon bulk storage tank for use in providing dust mitigation on gravel roads within Weld County. BIDS ARE BEING REVIEWED AT THIS TIME (7243/,1e v 2013-0446 � � &a;c\ Hello