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Home My WebLink About20130313.tiff RECEIVED •444. dam. ` t�rl _ a MEMORANDUM � ,E,� ,t_COI ',.' . —_ tl i 4 � 1 s}� 11 f. _. ,_ E VI��G O L' T Y '1O: Clerk to the Board DATE: March 11, 2015 FROM: Josh I Iolbrook, Inspection Supervisor SUBJECT: BOCC Consent Agenda RE: Bid #B1300032 Doc #2013-0313 Contract Agreement Extension/Renewal with J-2 Contracting. This extension/renewal is from March 5, 2015. to March 4, 2016. Ian d ( . „-� .3 "1- i 070/3- 0313 3-R3-c2ols 6-4 O6A? • BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld 2015 Class 6 Road Base/ Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 3.3.2015 PERSON REQUESTING: Joshua [lolbrook, Weld County Public Works Brief description of the problem/issue: The current contracts for Class 6 Road Base that Weld County has with J-2, L.G. Everist and Martin Marietta are all nearing expiration. All contracts allow for yearly extensions and possible rate adjustments. Per the contracts, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denyer/Boulder/Creeley Consumer Price Index (CPI). Pic projected percent change to the CP Index is a 2.75%. .1his extension would be for the third year of a possible three year limit. Martin Marietta could not renew their contract this year due to a shortage of material in the 35'"Ave gravel pit. J-2 increased their price from $6.50 to $6.65 a ton (2.31%) from 2014 to 2015. This material is a crushed concrete that is scheduled for this summer on JB's alley project. The total contract amount for J-2 would be $3,325. I,.G. Everist increased their price from $7.00 to S7.19 a ton (+2.71%) from 2014 to 2015. The total contract amount tiff 1..(i. liverist is ,532,355.00. The total amount utilized in 2015 for this product is 535,680.00, which is under the 2015 budgeted amount. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extensions for J-2 and L.G Everist. Recommendation to the Board: Public Works is very satisfied with the vendor's product and rates. Based upon past experiences, I am recommending approval for the attached 2015 contract renewals for L.G Everist and.1-2. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair -_ Mike Freeman, I'ro-Iem Scan P. Conway Julie Cozad Steve Moreno 'iedo ,Ir9O.i RUfe y4I r•r l-' J . n , ` Kate POI:LH a Ioi I-_:rd I ,. 3. CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN AftTHE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND J-2 CONTRACTING COMPANY This Agreement Extension/Renewal("Renewal"), made and entered into 25 day of February,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 J-2 Contracting Company,hereinafter referred to as the"Contractor". WHEREAS the parties entered into an agreement on March 4,2013(the"Original Agreement"),identified as document Bp1300032/2013-0313. 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 Agreement will end on March 4,2014. • The parties agree to extend the Agreement for an additional one year period,which will begin March 5.2015,and will end on March 4 2016. • The Renewal,together with the Agreement,constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1.This extension will be the final year of a possible three year contract 2.The 2014 Bid Schedule of the contact shall be replaced by the attached 2015 Bid Schedule. 3. The total contract amount not to exceed$3,325.00 • 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:<)niT/L/°c r,t- CO i4 2 /�5 c�› APPROVED AS TO STAN : Printed�� Signature Ele d 7al or Department Head is '",y "..orOCA40.0 ``f e.ilk it4',,e) \ ATTEST: SAP ED AS FU DI G6),nO \eld C C to the Board Controller Vct'iO ' BOARD OF COUNTY COMMISSIONERS APPROVES T9,F WELD COUNTY,COLD 0 my Att ney tee) Barbara Kirkmeyer, hair 601, MAR 2 3 2015 Director of General Services 02 D/3 — 402/3 • • 2015 BID SCHEDULE Class 6 Road Base Sunuly I J-2 North Weld County(Greeley) ITEM# ITEM OUANTITV UNIT T PRICE PER CONTRACT PRICE 1NIT 703 03 Class 6 ARC 500 ION 6 65 53325.00 South Weld County _rim a in i of AvrtrI t NIT PRICE:PER CONTRACT PWCF: (NIT 703 03 Class 6 ABC 0 TON 665 $O.0O BID SUMMARY 1 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 J-2 Contracting Co. BUSINESS ADDRESS PO Box 129 CITY,STATE,ZIP CODE Greeley,CO 80632 TELEPHONE NO. 970-392-0694 FAX NO. 970-392-0695 TAXPAYER I.D.H 84-1346070 BY: , TITLE: President DATE; 1/27/2015 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: RECEIVED tT y a MEMORANDUM co U — TO: Clerk to the Board DATE: March 11, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Consent Agenda RE: Bid #B1300032 Doc #2013-0313 Contract Agreement Extension/Renewal with L. G. Everist, Inc. This extension/renewal is from March 5, 2015, to March 4, 2016. 0 nt- o _ . d 1/2 r>//1G) A,/.3G3/3 3- is-2�0"J5, �_ �� EGbold BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld 2015 Class 6 Road Base/ Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: - 3.3.2015 PERSON REQUESTING: Joshua llolbrook, Weld County Public Works Brief description of the problem/issue: The current contracts for Class 6 Road Base that Weld County has with J-2, L.G. Everist and Martin Marietta are all nearing expiration. All contracts allow for yearly extensions and possible rate adjustments. Per the contracts, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPU). The projected percent change to the CP Index is a -2.75%. This extension would be for the third year of a possible three year limit. Martin Marietta could not renew their contract this year due to a shortage of material in the 35th Ave gravel pit. J-2 increased their price from $6.50 to $6.65 a ten (2.31%) from 2014 to 2015, This material is a crushed concrete that is scheduled for this summer on JB's alley project. The total contract amount for J-2 would be $3,325. L.G. Everist increased their price from $7.00 to S7.19 a ton (+2.71%) from 2014 to 2015. The total contract amount for TX). Everist is ,$32,355.00. The total amount utilized in 2015 for this product is $35,680.00, which is wider the 2015 budgeted amount. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extensions for J-2 and L.G Everist. Recommendation to the Board: Public Works is very satisfied with the vendor's product and rates. Based upon past experiences, I am recommending approval for the attached 2015 contract renewals for L.G Everist and J-2. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tern Sean P. Conway _ Sse/(7711._ Julie Cozad W✓� Steve Moreno f 'i AttJCA1rni L 'UISCcrlral Lxlen,ucMSenewAl forl2.lid l L Lvensi 2:,IS Raft SCIInNIIL:Tor 2 nn,I 16 Fvena CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN -r THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS L "_,j AND L.G EVERIST INC. This Agreement Extension/Renewal("Renewal"),made and entered into 25 day of February,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 L.G Everist Inc.,hereinafter referred to as the"Contractor". WHEREAS the parties entered into an agreement on March 4,2013(the"Original Agreement"),identified as document 6411300032/2013-0313. 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 Agreement will end on March 4,2014. • The parties agree to extend the Agreement for an additional one year period,which will begin March 5,2015,and will end on March 4,2016. • The Renewal,together with the Agreement,constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1.This extension will be the final year of a possible three year contract 2.The 2014 Bid Schedule of the contact shall be replaced by the attached 2015 Bid Schedule. 3. The total contract amount not to exceed$32,355 • 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. CONTR FAR: / i. )44 ()/e- e (/a° r APPROVED AS TO STANCE: P '" Name aei7 1444. Electetl O fal or Department Head Signature q �; • • el"- Y ATTEST: P O D AS T FUN Ji i'_ = �, ld C t CI to the Board � {We uny -i Controllerrv�w ) tics, BOARD OF COUNTY COMMISSIONERS APPR F WELD COUNTY,COLORAD /)aitiilt(44 County ey Barbara Kirkmeyer,C it MAR 1 2015 Director of General Services ,20/5—0'/, 2015 BID SCHEDULE Class 6 Road Base Supply/L.G.Everist North Weld County(Greeley) ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACTPRICt UNIT 703.03 Class 6 ABC 0 TON South Weld County ITEM# QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 703.03 Class 6 ABC 4,500 TON 57.19 $32,355 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. 11 FIRM L 6 U e ri's 7 .t1 c . l ^� BUSINESS ADDRESS 73.2 / E• 0 ev-A A �"t ` T °L 0 O CITY,STATE,ZIP CODE /Ie Nde a-� ` Q ,Y",/, y 6 TELEPHONE NO. 3o326-4 2:7- 2- FAX NO. 303 2 g."9 /3 4< TAXPAYER I ji 116 O 2 q BY: // M C-A ee(� TITLE : 4/e 5 MA-- j/�Gj o r -DATE: 3/./ (/ 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: • �^ MEMORANDUM U G O u N T_ � TO: Clerk to the Board DATE: February 20, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid#B1300032 Attached is the 2014 Contract Extension / Renewal for the Class 6 Road Base Supply with J-2 Contracting. One original is attached. M:Trancie\AGENDA memos\AgendaJosh.docx &114-124- CC.' �1)(t as,( v- >Canc& a-ay- lotq a- ad cite ao EGO(3n • . . J i'4 ,. BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST Y RE: Weld 2014 Class 6 Road Base/Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.18.2014 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Class 6 Road Base between Weld County and J-2, L.G Everist and Martin Marietta is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPI). The projected percent change to the CP Index between 2013 and 2014 is a +2.75%. This extension would be for the second year of a possible three year limit.. Martin Marietta increased their price from. $7.00 to $7.10 a ton(+1.4%) from 2013 to 2014. The total contract • amount for Martin Marietta would be$169,690.00 t ! L.G Everist did not have an increase on their $7.00 a ton for 2014. The total contract amount for L.G Everist would be$34,300.00 J-2 increased their price from $6.35 to $6.50 a ton (2.36%) from 2013 to 2014. This material is a crushed concrete that we were going to try on the Low Volume road project on 54th st. Due to the flood last September we were not able to complete the project,but it is on the schedule to be done this fall. The total contract amount for J-2 would be$25,350.00 The 2014 budget for this product has $300,000.00 available. The total amount utilized in 2014 for this product would be $229,340.00. 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; PW is very satisfied with the vendor's product and rates. Based upon past experiences I am recommending approval for the attached 2014 contract renewals for Martin Marietila,L.G Everist and 3-2. Approve Schedule Recommendation Work Session Comments Douglas Rademacher,Chair Barbara Kirkmeyer, Pro-Tern Sean P.Conway ' Mike Freeman V(4:- — William F. Garcia _.. c CONTRACT EXTENSION/RENEWAL Class 6 Road Base Supply Date: 2.17.2014 Project: Bid No. 1300032/Supply Class 6 Road base for Weld County during the 2014 construction season Owner: Weld County Public Works Department,PO Box 758.Greeley,Colorado 80632 Vendor: J-2 Contracting Company,PO Box 129,Greeley,CO 80632 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for J-2 Contracting Company is extended from March 5,2014 to March 4,2015 as permitted by the contract. This extension will be the second year of a possible three year contract. Change to Original Rate Schedule: The 2013 Bid Schedule of the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: The total contract amount of$25,350.00 CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: FEB 2 4 2014 Owner Representative 6 vvp,c9.—t- Date: Dou as Rade cher(Chair) Supervisor: --� Date: f 0 44Operations Manager: Date: O 24 pil (Interim) APPROVALS: ,/, Vendor:J-2 Contraciin of atiy By: 6'1/ l� Date: 2//7// Title: '9-�/'Es�J�,��- aO46 _4 / 2014 BID SCHEDULE Class 6 Road Base Supply/J-2 North Weld County(Greeley) ITEM# ITEM OUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 703.03 Class 6 ABC 3,900 TON 6.50 lei 3.0,U d South Weld County(See map on page 38 for location of projects) ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 703.03 Class 6 ABC 0 TON Wage M:1StcvelClass6 Road Base Coolraet12014U-212014 Class 6 Gravel Supply s6.5O.docx r •i LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply BOND #34BCSGN9735 KNOW ALL MEN BY THE PRESENTS;that J-2 Contracting Company (Name of Contractor) P.O. Box 129; Greeley, CO 80632 (Address of Contractor) a Corporation ,hereinafter called Contractor,and a(Corporation,Partnership, or Individual) Hartford Casualty Insurance Company (Name of Surety) One Hartford Plaza; Hartford, CT 06155-0001 (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 Twenty-Five Thousand, Three Hundred Fifty and no/100thsDollars, (S 25,350.00 ),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 18th day of February , 20 14 ,a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1300032 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery,equipment and tools,consumed or used in connection with the construction of such Work,and all insurance premiums on said Work, and for all labor,performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED,FURTHER,that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED,FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. 4I Page M:1Stevc\Class 6 Road Base Contract120131Contract DocsV-21Notice of Award and Agreemeot.docx 4 LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 27th day of February ,20 14 J-2 Contracting Co Contractor/r By i (Contractor) Secretary (SEAL) —'� P.O. Box 129 (Witness as to Contractor) (Address) hie7) E /li Greeley, CO 80632 (Address) ATTEST: Kagt1AAAL 1)1/Al (Surety) Witness (SEAL) Hartford Casualty Insurance Company Witness as to urety Attorney-in-Fact K'Anne E. Vogel cC P.O. Box 578 One Hartford Plaza (Address) (Address) Greeley, CO 80632 Hartford, CT 06155-0001 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. SIP a g c M:\Stcve\Class 6 Road Base Contract@013\Contract DoesVdUJotice of Award and Agreementdocx Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD Ad P BOND T-4 One Hartford Hartford,Connecticut 06155 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-340869,34-342316,34-341738,34-343634 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Katherine E. Dill, KAnne E. Vogel, Loree Vanderhye, Melanie Lathouwers, Russell D. Lear, Chris Richmond, Russell Michels, Darlene Krings, Diane Clementson,Kelly 71 Urwiller, Jennifer Winter, Wesley J. Butorac, Steven J. Blohm of Denver, Fort Collins& Greeley CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the • nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. "-mkt. 0,620.26. 3 `4.tt rM fjjaw.r. r"•'vir 'aMria Yn :, _!q "* 9 fix" ti e- ll AS 4 / per ntw�0 • qa, �' : 1970 J� sjjj's fD7B {{(ppp I9t9 VCSY C Wesley W.Cowling,Assistant Secretary M.Ross Fisher,Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12th day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut;that he is the Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. a//p,N�� Ayysmut ry • Kathleen T.Maynard Notary Public My Commission Expires July 3I,2016 CERTIFICATE I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY thauhe above and fort.Q mg is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of Petri 5't Signed and sealed at the City of Hartford. �^-.J ryrrratr, , wow", ..• gay tt rs_dia 14r4;4::‘ w,N•^ .f/ ,($ t tee, :° . _ '°'; ''s a i w's i. � -4 .- • %rob f 0.: 1078 s 'Or 4 y 2974 a' Gary W.Stumper,Vice President t r; MEMORANDUM 1/3 GO:U �?TY TO: Clerk to the Board DATE: February 20, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid#B1300032 Attached is the 2014 Contract Extension / Renewal for the Class 6 Road Base Supply with Martin Marietta Materials, Inc. One original is attached. M:\Francie\AGENDA memos\AgendaJosh.docx de-1/W '-1d rreme%) az13- 03a a,-ay-2oig E& Wo8 1 :) 7 if BOARD OF COUNTY COMMISSIONERS ` REVIEW/WORK SESSION REQUEST RE: Weld 2014 Class 6 Road Base/Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.18.2014 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Class 6 Road Base between Weld County and J-2, L.G Everist and Martin Marietta is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPI). The projected percent change to the CP Index between 2013 and 2014 is a +2.75%. This extension would be for the second year of a possible three year limit.. Martin Marietta increased their price from $7.00 to $7.10 a ton (+1.4%) from 2013 to 2014. The total contract amount for Martin Marietta would be$169,690.00 L.G Everist did not have an increase on their$7.00 a ton for 2014. The total contract amount for L.G Everist would be$34,300.00 J-2 increased their price from $6.35 to $6.50 a ton (2.36%) from 2013 to 2014. This material is a crushed concrete that we were going to try on the Low Volume road project on 54th st. Due to the flood last September we were not able to complete the project,but it is on the schedule to be done this fall. The total contract amount for J-2 would be$25,350.00 The 2014 budget for this product has $300,000.00 available. The total amount utilized in 2014 for this product would be$229,340.00. 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: PW is very satisfied with the vendor's product and rates. Based upon past experiences I am recommending approval for the attached 2014 contract renewals for Martin Marietta,L.G Everist and J-2. Approve Schedule Recommendation Work Session Comments Douglas Rademacher,Chair Barbara Kirkmeyer, Pro-Tem • Sean P.Conway Mike Freeman f- William F. Garcia CONTRACT EXTENSION/RENEWAL Class 6 Road Base Supply Date: 2.17.2014 Project: Bid No. 1300032/Supply Class 6 Road base for Weld County during the 2014 construction season Owner: Weld County Public Works Department.PO Box 758.Greeley,Colorado 80632 Vendor: Martin Marietta Materials Inc.,10170 Church Ranch Way.Suite 201.Westminster,CO 80021 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for Martin Marietta Materials is extended from March 5,2014 to March 4, 2015 as permitted by the contract. This extension will be the second year of a possible three year contract. Change to Original Rate Schedule: The 2013 Bid Schedule of the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: The total contract amount of$169,690.00 CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED. / FEB 2 4 2014 Owner Representativ 9 L 13.-E' Date: ` Douglas R�Rademm� er(Chair) Supervisor: J� �l,►�`.., - Date: Z./. Iy Operations Manager: Date: (Interim) J APPROVALS: Vendor:Marti rietta Mater Inc. Cf By: Date: 4A Title: AA A- rJ�_ S A-47 }At-L a©/3- o. /,� P 2014 Stn SChEDULE Class ti Road Rase Supply/Martin Marietta North Weld County(Greeley) rt tl:at H I7I{11..-.. OuAN•I II V UNIT PRICE:PER CONTRACT PRICE IiNi'1 I 1I13.01 1Im.f'Alm• I1I\ fl South Weld County(See map on page 38 for location of projects) __-- i•l EM# ITEM QLIANI•ITY (WU PRICE PER CONTRA(•1 PRICE UNIT mi.n3 (lass fl,vlt n I I,rV • ( I .,...1,110:44 11'Idl.I.11 :•'.d\I..v....11 1%...I..:•••1.•I:1`•I.nt h. .;;III.:I„if,.I h.11.... .rI111 :K'1I: • Gravel Supply.docx LABOR&MATERIALS PAYMENT BOND Bond No. 016053199 Class 6 Road Base Supply KNOW ALL MEN BY THE PRESENTS;that Martin Marietta Materials,Inc. (Name of Contractor) 1800 North Taft Hill Road,Fort Collins,Colorado 80521 (Address of Contractor) ,hereinafter called • Contractor,and a(Corporation,Partnership,or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street.Boston,Massachusetts 02116 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County,Colorado (Name of Owner) 1111 H Street,P.O.Box 758,Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner,in the penal sum of One Hundred Sixty-nine Thousand Six Hundred Ninety Dollars and Zero Cents Dollars,($ 169,690.00** ), 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 18th day of February , 20 14 , a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1300032 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline,repairs on machinery,equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED,FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. • LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply IN WITNESS WHEREOF, this instrument is executed in five(5)counterparts, each one of which shall be deemed an original, this 14th day of March ,2014 Martin Marietta Materials,Inc. Contractor -�c........fr), -Ay By Asst.(Contractor)Secretary Byron reech,Vice President and Treasurer Pamela M.Kelly (SEAL) 2710 Wycliff Road Todd Crump (Witness as to Co actor) (Address) 2710 Wycliff Road Raleigh,North Carolina 27607 • (Address) Raleigh,North Carolina 27607 ATTEST: (Surety) Sesr - Kri sty W.Kretzschmar,Attorney-In-Fact (SEAL) ewid V By atoecOSL ^ Witness as to Surety,Todd Crump Attorney-in-Fact,Rebeca L.Gomez Porras 2710 Wycliff Road 4300 Emperor Boulevard,Suite 300 (Address) (Address) Raleigh,North Carolina 27607 Durham,North Carolina 27703 NOIE: 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. - •-.. ...� . •• - .. - .. • . :. - - _ . _. - .. - .. a TFiiS ROWER-OF ATTORNEY IS NOT_V/WD_UNLESS I7IS.PRtNTED O,N RED BACKGROUND. T J owe ofAttQrrley�riras the acts`of those named t�ierelrl;and_they have.no authority so bind:the Company except Iii the manner and to the extent herein stated.•: _ :. _ - - . . _ - certificate.No. :::::.-.:...... ;•_ - _ : American Elre.and• Casualty Com• pany. L•erty'dill-•--.Insurance Company ' = The Ohio•Casualty.Insurance Company! =West American Insurance Company • :PO•WER OF-:ATTORNEY .. • : = '�KNO ALL'-.PERSON BY THESE PRESENTS:•ThetAmertcen Fire_&.CasualtyCompanyand Tho_Onlo Casualty stirence •lompanyare!m..... ns duly organ ell underit laws of. _ :dli`e State of New Hampshire ihritLiberty Mutual insurance Company ls.aboaporahon duulgcoiganixe•dundar•Ihe laws he Slate ofMasaechueette and We• -': ca• insurance Company'' is:a_corpora'ton duly organized underthe Iayvs of trG State of Indiana(heerein coltednrely called ttie Companles�;pUrs fitta.e3id_byeu'UJd,ltyherein set forth;does hen y'name,constriuh: = _ - an'd ap olnt,� -Byron Creech_Kristy W KreIzschiriar4 Rat eon L Gompz l orras Todd�n]n•rp .. - • _•: - - - 7. If there be mae ilia'ane�'�•'ed;�^'.`�e�arid�lawfid attotn•ataid to make,execrate, owJedge " Udlip a city_oE Raleloh::;=::, :-•state:of•Nt; .::-_eadi....a -Ay If t tie n._8r�eln. .> !:. ._ a. and'deliver for and on its.behalf as surely end as its act and•deed any end ail undertaWngs�.bonds,.reiogn css- ,`.5 obi galion's seals pursuance of thes •e presents ani-shal3. _- be a`_s•�raing upon the.Companjes as Ifiheyhake_bpen duly signed by the president and attested by the secret•-�yo---itCompanies in their o�iri proper persons • _ _• •Com ides have - •"`rate ofthe °P°.-?-..7-.: = . ridUie�"�"o a Pe. IN WITNESS WHEREOF.=Ne L'owei: Itaseeeri."subsaiiiie.ry an•litho-fed:of -•at:-o't.. l: tlie:• mp®nles*71...7'..:. --,--.-..,...---• cofp,... - tlf@ret0:lhis='.2nd' day of July • .• - 2013 • - - • c = :.;Ainentart rldtr rid Casua Com _�o: - - any. Part!!::• _ s� -- a Y N '=kN G - 'S_ U AA - .d - q - am1• ' ,, _ nce C- siia .Instlra - ��.. • •- - � -nor � - .+ �>.. �'"M � - - _� .K9. - .pally :a _ �. - • LibeMutualansuragceCompany ar =•-=•�'�'� •-�19U6=`Y _ :a -.1..9.19'=: n .r,:_1§.12' • � ►.=_ :7997: - _ - - _ - -AfRB In.8.!'!!. - 8 = , .- _. .w • West ffr an p ny =y Assistant�rj^ - - -▪ • rt =1` - • C3 smeary SJA'fE_QE>W -.y re's:.: • - - - :f: ' _ .COl1N - - �' Idt'i_ - ,�:?` On 2nd •=day of_July _, 2i.L-before.me.personaii appeared.Gregory_W_Davenport vuho ec cnowledged.•himself fo be the Assistant Secretary of Argencz i +� ;d-:5J°" :Cast ..N l;ompany,:t.iberty M...1.t frrBlggrice Company,Tdre Dh°Gri try Compaq°-and West Asnencan•Insurance•Company,-and that tae as such;being suthon••:-,....,.•-.:to do 2c ort h.__ t�r f as a duly,puthunu d officer., ►-�.•3i;615E t�.ttrefoleg-Qli .�nsfun:.:: rthe'purpoeesihereigcgu'•hell Y'.algnir .7 4 a;'wesii _ - - - . - 'c-E ,► ',.1-:: -' -- :. - e ;:i..'-ii:., sebatSeattIe lVashingtorf on tthe day m dyear_tir :written: ' - • =so ; :Ig(�.:N�B �IEFI�OF.f have.heretrrito sutiac�$ell?►N:riatrie eiid:afj6ted_rity'riotar'ter :� � - - - y�- _ - ' ern �:•YA. 4t ▪ C = ;C;.y • - _ Pubilo :.�L • • u 'p: oAtrom ade.ant,:executed.pursuantt4sndby,.authority_ofthe:fdk tiingBy- 6aridAtghOtiraao►rsdf ltgeiicanFireandCasttaltyyConipeny,.The0hioCasually.Insurance, mo .O. ; .. :�su a e read) es follows. • Company_:L'i6eify:Mutual insurance Cornpa`...z. yest_Arrieijcen Gisurertce-darnpariywhich•resdnrsbns areri t irilu.15-'Gs rrsl .trop-_ ng, _ '..47.,..g_ ::•8).1;r. — R Y Secdon-i2 Poi erofAttorne.An:oftiter:4ibtharrotfidalotttie CgfporatIon ao,..iii edlo thetpuryose in w iling.bythe Chairman or the President;anosubject _ :to iCfaE lit .OFFjCRS Y Y of ar torsi ch liii ation s tfie..Chai-rman_orthe.President may prescribe,shall appoint such.adorniiiiti ndact as:maybe necessary:to actin behet of.the Corporation.to-make exeaite,sear;y+y o c Witi w7edge:-end deliver:--surely.any acid ai rindertakings,bonds,recogni[ances and other surety.e..gatlens_Such aitomoys•in-feet subj toihe Ymitatigns setforih in their•respec ye_: .p,`- ,E "ors of attorney shall hale full:power to;t id the Corporation by,their signature and execution of anyauch:instruments and to attach thereto the seal:of the Corporal Wham• ..s.12 y, n esentativeorattom a actuntler led,such instruments shall b •as binding as¢signed byt[bRresidelttand;attestesl:Un riiii cietary Any power or eutho r iii tell to eniji rear �i• . _ :�.. `a" � visions of this artiicle-may be•revoked atany time by.UteBoaid,the Chakttran he Preadent or by the officer orolfiy:be granting sucta.power or authority.• ......9:1+d- -— _ ••. —-^ -- . ..: "'.......:7• — -. -.. •--. NI =..43" acknooL,E XIII ,Ex•eixrtlon ofContreds-SECTION .Si rety-Bonds and:Urtdeakings,Any otircetof the Coma .---eutt razed for that iurpose teereting bythe diatrmari orthe pfesiderd,- =��_ aaz:c, z>; ._andafib t to suds(imehti. a as the i:teked iii o`rthe president lray_pres til. 4,sa.....appofritsycb attomsys lr olkra_ ...ay:be necessary.!-.ctln:behalf of the Company to make ex+lcU-F - M '5 "seat,accknowled a and deliver as sure any and all .suretaldri a bonds,recognizance: i rother-sure obi ors Such a air act sub . to the Ilmftatiors:set forth lit their tE ao O-.�: .r g ' 9 _ lY._!. ._ .,. tlom@y-..- - .I�l ,. 'n•:=respective;powers:of_attorney,shall have full power to bind the.Company by>fleir•s•fgrnature:at dixecu-Hdn of any hi.in-stnimeireand toetfaththereto•the seal of the Company tuner so= •s T_ e e dv$u ► u_ sha1beasbil?dingaN.sib.ble-C4 eside•ntanldcai by' e' t y = - • '• Cirtlficate a 5f'Designation-..The President_-of�the.Company,`acting prssuant to t ie_Byl`awsof the.Company auuO oibes:Gregely W Davenport,Assistant:Secretary.to appoint suck►-.:::, ••-_:_i:•:-,-.:ti.omeys in-factas may.be necess•ary to ark on)behalf of the Compapy to make execute:seal •ciao ledge Slid deliver as=surely any and all unde�takings,bonds,iecogrezances and o rsurety obligations •••.77.a71 • _ I�iel�orizatisn-BygnetiFiousconaevtoftheCerrrpanysBoardofDrrectors iheCompanycons9nts:thatfacslm'�eiormechanically_r produced:signatureofanyassistantsecretay•01ihe i..:-,ar c wbeerevp'r appea rinig upol a Lamed copyof any power of attorney Issued by the Company In corineotforl with •-aarr ctyrbonda; -.- -lie Valid and bkidlrg:upon the Cxoiltpany With. =t iteearoe7otae 'tta eTthct•asoftgfi marw�y affixed.- - •- - • ce Com tlY�f�.=- :.utual Insurer- .'be�-�.. M - ee rrf� RAY ��Ttie Ofuo Casu▪V =of American 61n3 a••' ~Gobi . -,- y.9 ...1.:... • _ �`i;�avidte:-Caiey,�the unde�sfgned;Assistant Sacral•°,.. . Casualty _ PatiY . _. - =�fuiidiiican insurance Company do hereby.certify thatthe ofrginaipower of r ttomoy ofwhioli.he foregoing is a_full,trueand•correct copy o itie PotyerofAttomey executed by said Compaantes ` th m ulFferce-and dtfel and has not been revoked _ _. _.:• :` _.:_ �. _. :..::.:....:............. . ... IN'CfSTIMUNY-WHEREOF,:I have hereuri6epet_my tt d•an•d aillxed!ie seals of avid Camp�illes.tllls 1�^I'':day of �i ,20_1 _ -...;.....:..."2..":"•••••E••••75‘7";,,, ANO CggO r�tSV:rN5LIq Fi Uprt P� • r ._ : ' - lac. '5 ��(...„__ cc.. • F ▪ �By �� 19DSy• 919': '1972 :: - O 6: ro.:• s lravid'M:Care , sistant Secretary _ 5 = •i 0;10 _yl.�H F / _ _s.z:.:- -.:..--5,:--1,,:...E.,---.....:..... - _,.,.-...f..:.7_,_7..., ,..a.........,.:.7......;..7.....:•.:...,:. ..:,..:?..•:.••:. . _. . •:. • 12gf30D_-. l ts:1 87S haot2 . 0 1861 MEMORANDUM 1414'G T TO: Clerk to the Board DATE: February 20, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda RE: Bid#B1300032 Attached is the 2014 Contract Extension / Renewal for the Class 6 Road Base Supply with L. G. Everist, Inc. One original is attached. M:\FrancieWGENDA memos\Agendajosh,docx a-a6-aDiy o?O/3- O313 - ly ECObQB I • / . 1 4 BOARD OF COUNTY COMMISSIONERS I REVIEW/WORK SESSION REQUEST ;„. RE: Weld 2014 Class 6 Road Base/Renewal DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 2.18.2014 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Class 6 Road Base between Weld County and J-2. LG. Everist and Martin Marietta is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley j Consumer Price Index (CPI). The projected percent change to the CP Index between 2013 and 2014 is a i ' +2.75%. This extension would be for the second year of a possible three year limit.. { Martin Marietta increased their price from $7.00 to $7.10 a ton (+1.4%) from 2013 to 2014. The total contract amount for Martin Marietta would be$169,690.00 i L.G Everist did not have an increase on their $7.00 a ton for 2014. The total contract amount for L.G Everist would be$34,300.00 1 J-2 increased their price from $6.35 to $6.50 a ton (2.36%) from 2013 to 2014. This material is a crushed concrete that we were going to try on the Low Volume road project on 54a` st. Due to the flood last September we were not able to complete the project,but it is on the schedule to be done this fall. The total contract amount for J-2 would be$25,350.00 The 2014 budget for this product has $300,000.00 available. The total amount utilized in 2014 for this product would be$229,340.00. i I What options exist for the Board? (Include consequences,impacts, costs,etc.of options) t The Board may either approve or deny the contract renewal/extension. i Recommendation to the Board: 4 . PW is very satisfied with the vendor's product and rates. Based upon past experiences I am recommending approval for the attached 2014 contract renewals for Martin Marietta, L.G Everist and J-2. 1 Approv e Schedule i Recommendation Work Session Comments I I Douglas Rademacher,Chair ` " _. _.._..._.___.__ I I Barbara Kirkmeyer,Pro-Tern _ ` I • Sean P. Conway —.- y - _ __.___._ Mike Freeman 4-r1 ,,,_ -. ,____._ William F. Garcia tAist: ._ I 3 CONTRACT EXTENSION/RENEWAL Class 6 Road Base Supply • Date: 2.17.2014 Project: Bid No. 1300032/Supply Class 6 Road base for Weld County during the 2014 construction season Owner: Weld County Public Works Department,PO Box 758,Greeley,Colorado 80632 Vendor: L.G Everist Inc..7321 E.88th Ave.Suite 200,Henderson,CO 80640 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for L.G Everist is extended from March 5,2014 to March 4,2015 as permitted by the contract. This extension will be the second year of a possible three year contract. Change to Original Rate Schedule: The 2013 Bid Schedule of the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: The total contract amount of$34,300.00 CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: FEB 2 4 2014 Owner Representati . Date: Do lassRRRaade/aaccher(Chair) 7 Supervisor: 'c gs/20/ ///�A Date: Z /7`•�y Operations Manager: 0 4 C Date:_03/49",_ _ (Interim) `` �� (( APPROVALS: Vendorverist,Inc. ' /�/ ' Dater / 7-7. By: ��' Title: Lam ) / feS ri /aril)Gr rj tp r anus -©S,4 r 2014 BID SCHEDULE Class 6 Road Base Supply/LG North Weld County(Greeley) ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 703.03 Class 6 ABC 0 TON South Weld County(See map on page 38 for location of projects) ITEM It ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 703.03 Class 6 ABC 4,900 TON 7.00 S34,300 • I Ip a g e C:\Users\tjcheever\AppOataLL0CaI\M'crosofl\Windows\Temporary Internet Piles\Content.Outlook\DI830AVO\2014 Class 6 Gravel Supply 021014 (2).docx f RIDER Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 To be attached to and form a part of: Bond No. 105818885 Type of Bond: Supply Bond Executed by L. G. Everist, Inc., PO Box 5829, Sioux Falls SD 57117-5829, as Principal, and by Travelers Casualty and Surety Company of America, as Surety, in favor of Weld County Colorado, PO Box 758, 1111 H Street, Greeley CO 80632 and dated February 14, 2013. In consideration of the premium charged for the attached bond, it is hereby agreed to change: Expiration date of the bond and the penalty of the bond From: Prior Expiration of March 4, 2014 and penalty of$97,400 To: Expiration of March 4, 2015 and penalty of$34,300 This rider is effective March 7, 2014. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. SIGNED, SEALED AND DATED this 7th day of March, 2014. ist, Inc. By: Principal Travelers Casualty and Surety Company of America By: vV &"1/ W.W. Townsend Attorney-in-Fact `RIDER ACCEPTED BY: (Obligee) Date `If Obligee signature required, please sign duplicate and return to Surety. S-1234(01-99) in WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227418 Certificate No. 005723223 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 J.E.Jencks,G.M.Joyce,Jack E.Miller,J.D.Muller,C.A.Reaves,J.J.Scherschligt,Roger Starks, and W.W.Townsend, of the City of Sioux Falls ,State of South Dakota ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or-proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 4th day of December 2013 • 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 o �!a_ 6c ,y' S S�A, �o a f >. ob y \......40- gY ''57 a e u °a " " 33 \,Is,Intof ........N a r9 pyt AtN State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 4th day of December 2013 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. /JET _ /� In Witness Whereof,I hereunto set my hand and official seal. STAR % w� C • i.di My Commission expires the 30th day of June,2016. * Pow * Made C.Tctreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a ri- MEMORANDUM ' TO: Donna Bechler, Clerk to the Board DATE: March 20, 2014 W�` c COLORADO FROM: Francie Collins, Public Works SUBJECT: Item for Recording RE: B1300032 Doc#: 2013-0313 Enclosed are the bonds for the recently approved renewal/extensions on the Class 6 Road Base Supply vendors/contractors: L. G. Everist Martin Marietta Materials, Inc. J-2 Contracting Company M:\Francie\AGENDA memos\ItemForRecording.docx E, j� MEMORANDUM v �LUNTY 71 2— TO: Clerk to the Board DATE: February 28, 2013 FROM: Josh Ilolbrook, Inspection Supervisor SUBJECT: Agenda Attached are three separate agreements and bonds for the Class 6 Road Base Supply for 2013. Bid approved February 13, 2013, Bid # B1300032, Doc #2013-0313 L. G. Everist, Inc., one original attached J-2 Contracting Company, one original attached Martin Marietta Materials, one original attached. VI.Fancle.A5endalosh doex C13 - ( .5i3 f- , AGREEMENT Class 6 Road Base Supply THIS AGREEMENT, made this L1fti day of ✓ .t2'"- ,20 13 , by and between Weld County, Colorado,hereinafter called "Owner" and -3-Z- Grf r 2s Co.,�,w - doing business as(an individual,) or (a partnership,) or (a corporation)hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following: Aggregate Crushing and Stockpiling of Class 6 Road Base described in the Invitation for Bids, Bid No. BI300032 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar days after the date of the Notice to Proceed and will commence to supply Class 6 Road Base Supply as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Schedule (E) Bid Summary (F) Receipt of Addenda (G) Bid Bond (H) W-9, Request for Taxpayer Identification Number and Certification (I) Statement of Qualifications and Subcontractors (J) Anti-Collusion Affidavit (K) Notice of Award (I.) Agreement (M) Labor& Materials Payment Bond (N) Change Order (O) Contract Extension/Renewal (P) Lien Waiver (Q) Final Lien Waiver (R) Project Special Provisions (5) General Conditions and Information ("f) Revision of Section 105,Claims for Contract Adjustment (U) Revision of Section 106.Samples, Tests,Cited Specifications (V) Revision of Section 106, Storage of Materials No. , dated ,20 No. , dated ,20 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract r.) Documents. or otherwise agreed upon in writing. 3 3 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors. ' administrators, successors, and assigns. 3 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money 3 V appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this (�( .l Contract requiring additional compensable work to be performed, which work causes the aggregate 2 I Al s,wc,aass O Road Base Contract'20 I 3Con,r ,o .J-'_,]eticc.of Au a rd and Api<rn,c t doe. amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing,that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF CONTRAC OR WELD COUNT CO MISSIONERS BY(/0 BY NAME William F.Garcia NAME Y.26/7-5: 4f1s( ep y(Plleaae Type) TITLE Chair TITLE / ��GCL/LQ MAR p 4 2013 �- 2 �C/��a�J�p/ Date ADDRESS 0 C dz7J`1 � , Co cc-- (SEAL) (SEAL) ATTEST: O\Aa.ta. S .. ATTEST: Weld County Clerk to the Board BY //i/.� ,n ,s ►�/ BY L6GIb'( Deputy Clerk a1h d1ILa% (Please Type) / �Y =, TITLE 1.Z/bra XP.G�/M4t / 1161 t itt) E C> 0 GB } r M:\Steve\Class 6 Road Base Cornract\2013\Contract DocsU-2\Notice of Award and Agreement does NOTICE OF AWARD Class 6 Road Base Supply To: Chris Leone J-2 Contracting Company PO Box 129 Greeley, CO 80632 Project Description: Class 6 Road Base Supply The project, in general consists of crushing and stockpiling 3900 tons of aggregate for road construction projects within Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of 524,765.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten(10)calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 14 day of February ,2013 Weld County,Colorado,Owner By \41 Josh Holbrook,Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this 6. VAT day of Ulcp/G,.r ,2013 By: ,_._ C/+/UCs IfQ.✓F Title: Aeli-, —/e/ 1 NISte,e'CIss 6 Road Base C t tQ01:Conlr tD W=.Notice ol Awa'd and Ameewu doc, ... -.� _ LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply BOND#34BCSGF0079 KNOW ALL MEN BY THE PRESENTS;that J-2 Contracting Company (Name of Contractor) P.O.Box 129;Greeley,CO 80632 (Address of Contractor) a Corporation ,hereinafter called Contractor,and a(Corporation,Partnership,or Individual) Hartford Casualty Insurance Company (Name of Surety) One Hartford Plaza;Hartford,CT 06155-0001 (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 Twenty-Four Thousand,Seven Hundred Sixty-Five and no/100ths Dollars,($24,765.00 ),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 t: p day of cry , 20 13 ,a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1300032 NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials,lubricants,oil, gasoline, repairs on machinery,equipment and tools,consumed or used in connection with the construction of such Work,and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED,FURTHER,that the said Surety for value received hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED,FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. 4 l l'., z M:'Steve+Class 6 Road Base Contract12013`.Contract DoesV-2\Notice of Award and Agreement.docx LABOR& MATERIALS PAYMENT BOND (:lass 6 Road Base Supple IN WITNESS WHEREOF, this instrument is executed in five(5)counterparts, each one of which shall he deemed an original. this day of .20 Contractino Cor panyi Ctrtttractor:. trL By _ . ----- I-Contractor), ecretary (SEAL.) P.O.Box 129 Witness as to Contractor) (Address) P. Q d'f /3-2. /� Greeley,CO 80632 (Address) af,„z,„ .Y0 / ATTEST: (Surety)lettXtExxxx Witness (SEAL) Hartford Casualty Insurance Company BL.KiatANL 6-), \}(-N,,c., Witness as t Surety Attorney-in-Fact K'Anne E.Vogel P.O.Box 578 One Hartford Plaza (Address) (Address) Greeley,CO 80632 Hartford,CT 06155-0001 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. 5' M:tit wc-Cli<,6 R,d nase C,mtrte_flt?Contact D.ns J-2 N.,litx of Award and Agrnenwraakxx Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY One HBOND,T-4 aartford Plaza Hartford, Connecticut 06155 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 34-340869, 34-342316, 34-341738,34-343634 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Stale of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Katherine E. Dill, K'Anne E. Vogel, Loree Vanderhye, Melanie Lathouwers, Russell D. Lear, Brandi Tetley, Chris Richmond, Russell Michels, Darlene Krings, Diane Clementson, Kelly T. Urwiller, Jennifer Winter of Denver, Greeley& of Fort Collins, CO their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. * cc % c snets. ,.ry 1'1 '••••„,•:.:,•,;,;,y� ��-o.. ';\ GL- Le. C. -p-,a__ f_2:1111/4- ______ Wesley W. Cowling,Assistant Secretary M. Ross Fisher,Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12"' day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ir�w"ue tiroAt c r .y,12,<4 i Karhl t t Ma nand ��1111 Notary Public My Commission Expires July il.2_015 CERTIFICATE I, the undersigned, Vice President of the Companies, 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 still in full force effective as of . Signed and sealed at the City of Hartford. nr_of ity r--- if✓N `,rt r' ra J • c7 _Nttt 8 reBB ! :i 11\ :. `'�/ ., t rri comatia •P 1B70z_. N.:, • B:. 1919 u,yli ,,L� t.- (• Gary W.Stumper,Vice President A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) 2/5/2013 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 Autumn Lee CISR NAME: Moody Insurance Agency, Inc. PH NN.Ertl (303)824-6600 LAIC,NoI.(303)370-0118 (AI8055 East Tufts Avenue E-MAIL alee@moodyins.com ADDRESS: Suite 1000 INSURERLS)AFFORDING COVERAGE NAIC# Denver CO 80237 INSURER A:Pinnacol Assurance 41190 INSURED INSURER B: _- -_-__ i-,--- J-2 Contracting Co. , Inc. INSURER C: __ PO Box 129 INSURER D: INSURER E: Greeley CO 80632 INSURERF: 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 NOTVITHSTANDING 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 — TADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER I(POLICY YYYY) ( YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO-RENTED COMMERCIAL GENERAL LIABILITY i PREMISES(Ea occurrence)_ $ CLAIMS-MADE I j OCCUR I MED EXP(Any one person) $ PERSONAL&AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY F-1 IT P LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ _ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS [---- AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS I (Peracc;dentl $ UMBRELLA LIAR iOCCUR EACH OCCURRENCE $ — I EXCESS LIAR CLAIMS-MADE AGGREGATE $ I - - ----- - I DED ,RETENTION$ ! $ A WORKERS COMPENSATION XI WC STATU- OTH- AND EMPLOYERS'LIABILITY _ ORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN F L EACH ACCIDENT $ 1,000,000 (Mandatory in OFFICER/MEMBER EXCLUDED? N NIA 114522 10/1/2012 10/1/2013 E L.DISEASE-EA EMPLOYEE S 1,000,000 (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below_-_ -k E L DISEASE-POLICY LIMIT S 1,000,_000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Blanket WOS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Public Works 1111 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE A Lee, CISR/AUTLEE _---LLj44.4e-tit._, r ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. 1NS02b,?nrrn5:nr Tha ernan names anrt Inr, .arc.raniefara`I mark of A("(P) DESCRIPTIONS (Continued from Page 1) J2 Contracting J2 Real Estate LLC J2 Equipment Leasing LLC J2 Company Weld County is named as an additional insured in regard to the Weld County Class 6 Road Base Supply Project per policy terms and conditions. AMS 25.3(2009/09) 2 of 2 #S765161/M761703 Client#: 45027 JTWOC ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 2118/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Nancy Keiser Flood & Peterson Ins., Inc. PHONE —_.----.---_...._ - _ _..._—_-- ,FAX 0 (A/C,No,Exg_970 356-0123 ,(A/C,Nod 9705066836 P.O.Box 578 E-MAIL ADDRESS: nkeiser@floodpeterson.com Greeley, CO80632 PRODUCER CUSTOMERIDN970 _- ._..... - 3564123 INSURER(S)AFFORDING COVERAGE ,NAIC X INSURED INSURER A:Travelers Insurance Company J2 Contracting Company,Inc. PO Box 129 INSURER B INSURER C Greeley,CO 80632 INSURER D: ! _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADDLSUBR POLICY EFF 'POLICY EXP LTR TYPE OF INSURANCE INSR WV° POLICY NUMBER (MM/DD/YYYY) I(MMIDD/YYYY) [ LIMITS A GENERAL LIABILITY 'DTCO325D6576IND13 01/01/2013 01/01/2014 EACH OCCURRENCE ;$1,000,000 • FDAMAGETORENTED•-- --T X. COMMERCIAL GENERAL LIABILITY I , I I L PREMISES j a occurrence) i$300,000 CLAIMS-MADE _X,OCCUR MED EXP(Any one person) I s5,000 • XI PD Ded:2,500 !PERSONALBADVINJURY [$1,000,000 GENERAL AGGREGATE I$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG 1$2,000,000 [_POLICY, ECT I LOC I • ;$ A :AUTOMOBILE LIABILITY i 810325D6576TIL13 01/01/2013 01/01/2014 COMBINED SINGLE LIMIT •(Ea accident) $1 000 000 X ANY AUTO I •----... ._.-. .....----...._-.....—_i ------ --X ' i ;BODILY INJURY(Per person) I$ • ALL OWNED AUTOS I --•---- ---- BODILY INJURY(Per accident)LS SCHEDULED AUTOS I PROPERTY DAMAGEXI $ XI HIRED AUTOS I � j(Per accident) XI NON•OWNED AUTOS I ' i $ !$ A UMBRELLA LIAR i • i OCCUR CUP325D6576TIL13 01/01/2013 01/01/2014f EACH OCCURRENCE :2,000,000 --1-EXCESS LIAB I CLAIMS-MADE I AGGREGATE - $2,000,000 DEDUCTIBLE $ X RETENTION $ 10,000 I$ WORKERS COMPENSATION i • WC STATU- I !0TH-{ AND EMPLOYERS'LIABILITY Y/N I : .,15)B,y LIMITS l [FR _ ANY PROPRIETOR/PARTNERIEXECUT IVE I OFFICER/MEMBER EXCLUDED? NIA E.L EACH ACCIDENT $ (Mandatory in NH) - ,E L DISEASE-EA EMPLOYEE}_$ If yes describe under i i _..... DESCRIPTION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT 1$ A Inland Marine I QT6607225L939 01/01/2013 01/01/2014 $750,000 Leased/Rented $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule,if more space is required) **Supplemental Names- J2 Contracting Company (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 H Street THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80632 AUTHORIZED REPRESENTATIVE <76#4.44,4c, 01988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S765161/M761703 NEK AGREEMENT Class 6 Road Base Supply THIS AGREEMENT,made this day of /t1) /A 04/ ,20 /✓ , by and between Weld County,Colorado,hereinafter called "Owner"and L . 6 . c JL/'JT ZAi C . doing business as(an individual,) or (a partnership,) or a corporates)hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following: Aggregate Crushing and Stockpiling of Class 6 Road Base described in the Invitation for Bids, Bid No. B1300032 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar days after the date of the Notice to Proceed and will commence to supply Class 6 Road Base Supply as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Schedule (E) Bid Summary (F) Receipt of Addenda (G) Bid Bond (H) W-9,Request for Taxpayer Identification Number and Certification (I) Statement of Qualifications and Subcontractors (J) Anti-Collusion Affidavit (K) Notice of Award (L) Agreement (M) Labor&Materials Payment Bond (N) Change Order (O) Contract Extension/Renewal (P) Lien Waiver (Q) Final Lien Waiver (R) Project Special Provisions (S) General Conditions and Information (T) Revision of Section 105,Claims for Contract Adjustment (U) Revision of Section 106, Samples, Tests,Cited Specifications (V) Revision of Section 106, Storage of Materials No. JV , dated 14- ,20 No. 4/k , dated 112 V y ,20 — O O 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract (h Documents,or otherwise agreed upon in writing. M V 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, 0 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 E P o Mi5teceVClass 6 Road Base Contract 2013 Contract Does G4 Nonce of Award and Agreement dOCX Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor,in writing,that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF CONTRACTOR WELD COUNTY COMMISSIONERS BY ,, l NAME William F.Garcia NAME / 2/14 -�'Ve-KJ (Pl ase Type) TITLE Chair TITLE —Jd-Jf J 4/4 fl tint./ MAR 0 4 2013 Date 73 /x r, ehLA L'e- of C9 (SEAL) • ATTEST asS4p.,..4,J3?fl kw._ • TTEST: Weld County Clerk to the Board ( . BY I � Z% � BY CAA^9e-c., A . t) iA� Deputy Clerk • y-' L a (Please Type) Az TITLE /2I4JT/11.,I- C -Pr<P. c'fL_e!'lV��/ tit =;c C4, (1. OY.t,...... 1<l i rtaN Z 717 r n I- V:' OTARy'. () nil t1tLe1.-IZ,l14 _.C 1'� C v- t /J`I/�! ,, PUBL% ' 9 75 dl Sir Air( Aleec _ eita f'Jt ( -4 it /_l °t _T v 20\ 3 - 031 E6 006B MtStevelClass 6 Road Base Contracc2013VContract DocsVL CP Nonce of Award and Agreemenl.dOCX LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply Bond#105818885 KNOW ALL MEN BY THE PRESENTS;that L. G. Everist, Inc. (Name of Contractor) PO Box 5829 (Address of Contractor) Sioux Falls SD 57117-5829 ,hereinafter called Contractor,and a(Corporation,Partnership,or Individual) Travelers Casualty And Surety Company of America (Name of Surety) One Tower Square, Hartford CT 06183-6014 (Address of Surety) hereinafter called surety,are held and firmly bound unto Weld County,Colorado (Name of Owner) 1111 H Street P.O.Box 758,Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner,in the penal sum of Ninety Seven Thousand Four Hundred Dollars and no/100 Dollars,($ 97,400.00 ),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 14th day of February 20 13 a copy of which is hereto attached and made a part hereof for the construction of Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1300032 NOW, THEREFORE, if the Contactor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery,equipment and tools,consumed or used in connection with the construction of such Work,and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED,FURTHER,that the said Surety for value received hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond. and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED,FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. 41R age M:'\SteveClass 6 Road Base Contmetl]013tContract Docs\L.G Nonce of Award and Ag,,,,,, .doer LABOR&MATERIALS PAYMENT BOND Class 6 Road Base Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 14th day of February 20 13 L. G. Everist, Inc. y-� �C ctor c �nua�' 57,tcnRti , By GZfl (Contractor) Secretary / (SEAL) -J &(nit- t t_ (2 r2A. tit 111 73 1 I 2 -L. c� (Witness as to Contractor) (Address) e147,{ .1,1 LIB I 1,t 2 i u �4 L�C k's,r !1Al jR... 7 4 ef) ��1 2. �� J! (Addreg`s) U. ....._ ...,,..om. L, t S. , L 0,lt_w2G4, L NOTARY �z.a'c_ I e l� C e S c / ` AllEST: -- (� • oF Li i %/ • , /2eK: L'/3Z) T.M. Cri enden, Notary Public Commission -April 14, 2015 (SEAL) Travelers Casualty And Surety Co p of America By V " Witness as to S • J. A . Miller Attorney-in-Fact .W. Townsend 1501 S First venue PO Box 5113 (Address) (Address) Sioux Falls SD 57105 Sioux Falls SD 57117-5113 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended)and be authorized to transact business in the State where the Project is located. 5I P a g e M\Steveclass 6 Road Base COMact\2013\Goniract Docs\L C≥ohcr of Award and Agreement.docx NOTICE OF AWARD Class 6 Road Base Supply To: Tim Cheever L.C.Everist,Inc. 7321 E.88th Ave.Suite 200 Henderson,CO 80640 Project Description: Class 6 Road Base Supply The project, in general consists of crushing and stockpiling 2,400 tons of aggregate from the Rinn Valley Plant and 11,600 tons of aggregate from the Ft. Lupton Plant for road construction projects within Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$97,400.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten(10)calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10)days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 14 day of February ,2013 Weld County,Colorado,Owner ON.Digitally Signed by Josh Holbrook on dr-os,a«gaawem,o,ka, wma con,r.��>abr woa:.o�=u.er.. By . la cn<loeb Holbrook Dare.20130E 141315:54-0700' Josh Holbrook,Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above QNotice of Award is hereby acknowledged by 9C ,U. -E/1 A. .( t-b-, 1 e_,' , (Contractor) Dated thi of , [1d-CL-dA 20 /3 By: /�/,�-�- AcC_ ° Title: h le6 /L/// /7ilia �j / `- - ; �r ,JtZ 1 L[�-L ,t. 'al( art, a�N1 .!vVT,Q•. �1*-)14 iti 2 a,a- 1� ,,LU4 • c,/ ///.1/�l a v'r1OTARy`� `1t "( (it x-1,..-41_)itc'A • (zr ghi � ':sq:Pus�.c... ........ NI ASiese1Class 6 Road Base Contract 2017VConlract DocsL C Notice of Award and Agreement.docx WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 224581 Certificate No. 004931116 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland.that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint J. E.Jencks,G. M.Joyce,G. A. Loos,Jack E.Miller,J. D. Muller,C. A. Reaves,J.J. Scherschligt, Roger Starks, W.W.Townsend, and J. A. Miller of the City of Sioux Falls ,State of South Dakota , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 20th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of June 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 �yr..-m e :? 2 .vo y°u°^r 19$1 'As SE ALaoI tt s. . +�c �•. f 4� �........ ,snmronrr tumraro, qn ode:� wxs. 8 g awe � � .. p. State of Connecticut By: City of Hartford ss. Georg Thompson, ninr ice President On this the 20th June 2012 day of , before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, 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,1 hereunto set my hand and official seal. `TAlI W e . �.� My Commission expires the 30th day of June,2016. O°OAP # w�Marie C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, 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 14TH day of FEBRUARY _,2013 . fnughesistant Sec tary �c" ♦rA a art�M Nsz9 a+ sy".k umaan. Yue e. ' €o ammo crt % etconv_a^rE�t. £ �vonarF n, gift) is rF 1951 5.1 seaL ; \, AL../ �` p+4 41 e To verify the authenticity of this Power of Attorney.call I-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 is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A cwo® D ND/YYYY) 25/20 CERTIFICATE OF LIABILITY INSURANCE 2/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bonita Feilmeier SilverStone Group PHONE PAX 1300 West 57th Street Ste 101 (A/C,No.Est):605-444-5104 (A/c,No1:866-427-6568 AIL Sioux Falls SD 57108 ADDRESS: bfeilmeier@ssgi.com PRODUCER CUSTOMER ID*:11386 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Twin City Fire Insurance Co. 29459 LG Everist INSURER B:ST PAUL FIRE & CAS INS CO 40967 PO Sox 5829 Sioux Falls SD 57117 INSURER D:Hartford Fire Insurance Co. 19682 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1853468415 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM/DDW M/YYY) (MDD/YYYY7 C GENERAL LIABILITY 41UENOH2097 7/1/2012 7/1/2013 EACHOCCURREyCE $1,000,000 DAMAGE TO RENTED 500,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(My one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY Pi PFCOT PH LOC $ C AUTOMOBILE LIABILITY 41UENOH2096 7/1/2012 7/1/2013 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) S X NON-OWNED AUTOS B X UMBRELLA LIAB X OCCUR ZUP14N24 724-12-NF 7/1/2012 7/1/2013 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERS COMPENSATION 41UENOH2095 7/1/2012 7/1/2013 X nCSTAµU- OTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? Y 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 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Weld County Public Works are additional insured to the above policies as their interests may appear subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Public Works Joshua Holbrook, Const. Inspection Supervisor AUTHORIZED REPRESENTATIVE 1111 e Street Greeley CO 80632 ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD AGREEMENT Class 6 Road Base Supply THIS AGREEMENT,made this ,-NO day of iraer-4l F' 20 /3 ,by and between Weld County,Colorado,hereinafter called"Owner"and Mein 1741 4fir r/E/T$ MA7;Al r4'1-5 doing business as(an individual,) or (a partnership,) or (a corporation)hereinafter called"Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following:Aggregate Crushing and Stockpiling of Class 6 Road Base described in the Invitation for Bids,Bid No.B1300032 2. The Contractor will furnish all of the material, supplies,tools, equipment, labor and other services necessary for the completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar days after the date of the Notice to Proceed and will commence to supply Class 6 Road Base Supply as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term"Contract Documents"means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Schedule (E) Bid Summary (F) Receipt of Addenda (G) Bid Bond (H) W-9,Request for Taxpayer Identification Number and Certification m Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (K) Notice of Award (L) Agreement (M) Labor&Materials Payment Bond (N) Change Order (O) Contract Extension/Renewal (P) Lien Waiver (Q) Final Lien Waiver (R) Project Special Provisions (5) General Conditions and Information (T) Revision of Section 105,Claims for Contract Adjustment (U) Revision of Section 106,Samples,Tests,Cited Specifications (V) Revision of Section 106,Storage of Materials No. dated 20 No. dated 20 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,or otherwise weed 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 ZIP.ye Mi@v,1C16a 6 Road Corancil7013iCam i Rata.ni,ManneM,iu of Award Ave •thdocx EC C_ &. 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: ACLEr 1hW BY: 771E BOARD OF CONTRACTOR RS BY C/ #?. BY Martin Marietta Materials NAME William F.Garcia NAME Gary Pearcy (Pkase Type) TITLE Chair TITLE Area Sales Manager MAR 0 4 2013 Date ADDRESS 1800 N. Taft Hill Rd. Fort Collins CO 80521 otISIllys eAcs to v Ol'A 9N ; (SEAL) (SEAL) = ` N Ry .;a ATTEST: ......9 '•• Oyu aw -�VC.� ATTEST: � OF CO`O „P • Weld County Clerk to the Boerd �• BY ' 1. BY Abby Christine Glaser Deputy Clerk' • '' i //� % (Please Type) �lJ ay: ' 1411 TITLE Administrative Assistant 1b61 (t.t, : -; �a6U6� I ~, r®QP`��i� 20 \ -05\3 E- 6 006a JI ,sa M\SA,.etCJw 6Red Be CtielYCansa Don%Nnea WiaMTbee NAwd sod • Bond No.018063109 LABOR&MATERIALS PAYMENT BONI) Class 6 Road Base Supply KNOW ALL MEN BY THE PRESENTS;that Martin Marietta Materials,Inc. (Name of Contractor) 10170 Church Ranch Way.Suite 201,Westminster.CO 80021 (Address of Contractor) hereinafter called Contractor,and a(Corporation.Partnership.or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street.Boston.M 02116 (Address of Surety)hereinafter called called surety,are held and firmly bound unto Weld County Colorado (Name of Owner) I JJJJI Sure l—P.O,Box 75$.Clock-v. Colorado BOb32 (Address of Owner) hereinafter called(homer,in the penal sum of l_wenly Light'thousand Seven Hundred Dollars and Zero Carts Dollars,($2S 700.00 ),in lawful money of the United States of America,for the payment of which sum well and truly to be mode,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 March 20 13 ,a copy of which is hereto attached and made a part hereof for the construction of: Class 6 Road Base Supply described in the Invitation for Bid, Bid No.B1300932 NOW, TIII EFORE, if the Contractor stud] 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 oa said Work,and for all labor,performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED.FURTHER,that the said Surety for value received hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time,alteration Of addition to the terms of tie 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. s. hilSe,Kl'Im 6 sad Bas Gramm=liCanno Doeilifistin Via yyd err Avs,d W *muter...docx Bond No 016053109 LABOR&MATERIALS PAYMENT BOND Civet 6 Road Base Snook Qd V/ITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original, this 27th day of February Marti'Marietta Materials,Luc Contractor By A . Asst_ Kentraelof)Secretary Byron reech,Assistant Treasurer Ann M.Connick (SEAL) 2710 WyclifF Road Todd Crump(Witttas as to Cootr4tor) (Address) 2710 Wvcliff Road Raleigh,NC 27607 (Address) Raleigh,NC 27607 ATTEST: Kristy W.Kretzschmar,Attorney-In-Fact (SEAL) B1��"n co. ( r rt .L.A4O Wetness as to Surety Todd Cru Auomr Y m-Fact,Rebeca L.Gomez Porras 7710 Wyrtiff Road _ 43110 Ernpcvr BI"d.Seine;00 (Address) (Address) Raleigh,NC 27607 Durham,NC 27703 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership,all partners should execute Bond. IMPORTANT: Surely 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. S P.,- uttiftwin.aa l../lo.I- MOrilC..wau Aa\Mad MNeelVblceelAvid.d A,.a...docx THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Imes the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein staled.378481 American Fire and Casualty Company Certificate No Liberty Mutual Insurance Company The ChM Casually Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY leJOWN ALL PERSONS BY THESE PRESENTS: ThatAmerian Fire&Casually Company and The Ohio Casualty Insurance Company am corporations duly organized under the laws of to Stale of Ohio,that Liberty Mutual Insurance Company Is a corporation duce organized under the laws of the State of Massarhl duly organized let the laws of the Stale of New Hampshire,and West American Insurance Company .that uPnder e la Insurance the h Stale Company Indiana corporation collective jn toad the'Companies' , Is corporation duly organized CRE under the lays of Stork of GO (herein pursuant b and by authority herein set forth,does hereby name.constitute and appoint, BYRON cREscx.Tone cnuwP neBPrJu L.sore¢PORRAS MISTY N.KBEriaCHAAR all of the city of RALEIGH state of Nonrx CAaouueacl individually if there be more Ilan one named,its true and bwful atbmey-b-fact to make,execute,seal,admgwledge and delver,for and on is behalf as surety and as its acts deed,any and all undertakings,bonds,recogrizances and other surely obpgatbrs,in pursuance of Ouse presets and shall be as finding upon the Companies as t they taw been signed by the president and attested by the secretary of the Companies in their own proper persons. NAT day ESSSeiWHERE ,IN:WafaofAtdmgyhasbeen subscribed byanaultwdzedofhcerorofficialofineCompanes and the corporate seals oftheCompanies have been affixedteretothis r fl y/yLv Waco �„wAmerican Fire and Casualt Cora an S. ^J/ \Tea c P y ry..o,,,,y „. t. The Ohio Casually Insurance Company N 3 .01.,,°"c 1901 ` Liberty Mutual Insurance CannymTO Y o 3N "' �s'°° \�\�__��F ��i is iv` SE.1LJY Peerless Insurance Company c \\ West American Insurance Company t. C m I �s.rxc`� 'iTaHE.w` NgHCE COI �2�i �y� m a By: ? .: STATE OF WASHINGTON acs C m 7 STATE c OF KING Gregory W Davenport,Aes&Innt Secretary a C a co W O a Conine la day of MAY , 201x before me personally appeared Gregory W.Davenport.who cab- 0 O— ��y Compaq,Liberty Mutual insurance The Ohio Casual Company, any a West himself n be anc Cora ny,and that at he, sn Erb ng dot `m L a bate&so to do,execute me o i Company,f Casually d by signing i s ing en be Company and Wiens by ms Insurance y Company,and he,as such,being em 1e m Ima9 eg nstiunerp far the by stn p plxposos memo contained s nn behalf of the mrpnmalbrs by himself as a duce authorized officer E E to,1 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washtugtan,on the day and year first above wrtlen. t o off ,. C Q C:7 17 cc p m �,uv w. ri f�YJ. O lc F izim ,rte„ O -, KD Riley No Plblit Ai m C ` This Poser ofAtomey is made and executed pursuant to and authority of the follows By-laws and'Aidlx'riza&ms ofAnarlal Flre and Casty Co _m CL m Y Casually l The Ohio Casualty Insurance o. w m Company,Liberty Mutual Insurance CoMpeny,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reeding as lobes .=o Y« ARTICLE N—OFFICERS—Seddon 12.Power of Attorney.Any officer or other official of the Corporation aumaizedfor that purpose in wdtkg by the Chairman or the President,and subject O m Ep e to such limitation as the Chai man or the President may prescribe,shall appoint such attorneys-in-fact as may he necessary to act in behat of the Corporation to make,execute,seat ay m E m ackgMetlge and detverasseery any and atundeakygs,hoxh,rawgnizaxxs and oche sy powers of attorney,shall have full power to tuna the Corporation �Y obany suc Such thorn id to attach,subject to me the Seal set forth In their respective —F O Ln by their signature and execution of any such Instruments and to thereto me seal of the Corporation. When so >�. ,7 a executed,SWl instruments shall be as daring as If signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fad under es To c yy the provisions of this ankle may be revoked at any the by the Board,the Chairman,the President or by the officer or officers granting such power a authority 5 al 2w ` ARTICLE XIll-Execution of Contracts-SECTION 5.Surely Bonds and Undertakings.Any officer al Ire Company authorized for that purpose b wiling by the chairman or the president tto 3 and affect fect to such ltnlcatbns as the chairman or the president may pescibe,shall appoint such attorneys-n-fact,as may be necessary to act In behalf of the Company to make,execute, ca o seal.acknowledge and deliver a suety any and at undertakings,bonds,recognizances and other surety odlgatons. Such attorneys-in-fact stead to the tmtaliors set to m rth In their .. respective powers of attorney,that have fug pea to bind to Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When o executed such instruments shat be as binding as it signed by me president and attested by the secretary so a 1 Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Cora attorney-In-fact as ray be necessary to act on behalf of theY and deliver ra s etyC anyyW.Daveryon,ngs,Assistant Secretarytoces a such surely ob6gaborw Authorization Company to rtunue,execute,seal,aderawietlge and as suety any and all undertakings,bonds,recogn®Ices and other --By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the CoMpany,wherever appearing upon a caged copy of any paver d attorney issued by the Company m amnecfion wilt surety bonds,shat be valid and biding upon me Company nth me same force and effect as though manually affixed. Amain I.Carey,VCom�g�,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West Attorney executed said�and Peerless Insurance Company du heavy certify that the original power of attorney of which the foregoing e e fut true and coned copy of the Power of A byCompanies,is to full face and effect and has not been revoked. RI TESTIMONY WHEREOF,I have hereunto set µmwyYhand and affixed the seals of said Companies this atday of rpasauoty ,201 . �L`pr4An deo tt S�.v IN% r 'G\ of Oice St I.eegre �Uy///�/y 1 r 4 r 11CWPOMI® i '•r ,... .„. r+ SHAT. i SEAh '+o 7901 v By: �' 'c� tQE �, a° 7:— Es W /T i(NEAT/'a/4 Dazed M.Carey,Assh am Secrets �(rYCOH N( l0 'h-z 3 ° '1EF--:lc/ LN'1HtF-4t Secretary POA-AFCC,LAIC,O@C,plc&VWC LMS_I2e73_)x1a2 NOTICE OF AWARD Class 6 Road Base SUDDIV To:Gary Pearcy Martin Marietta Materials Inc. 10170 Church Ranch Way,Suite 201 Westminster,CO 80021 Project Description: Class 6 Road Base Supply The project, in general consists of crushing and stockpiling 4.108 tons of aggregate from the 35ave pit in Greeley for road construction projects within Weld County. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$28,700.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten(10)calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten(10)days from the date of this Notice,said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 14 day of February 2013 Weld County,Colorado,Owner By earlWe.,ee— Josh Holbrook,Construction Inspection Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ,'t,4tnev ////In/derrr N/nrE/infr.S (Contractor) ,/ ? Dated this a L9 day of a `,g K�r ,200 -/3 /J/f By: (, Anil"'7 Title: �`t c, cec/ .c Ili e a. M14MICYr 6 Real eu eosravUOINalwe eeual.en 61e„6nldbea&Mad ad Ayora.docX NI 1 184: , MEMORANDUM •zste` A -- TO: Dave Bauer, Director of Public Works DATE: February 11 , 2013 Trevor Jiricek, Director of General Services v. I CC: Janet Carter, Traffic Engineer. O � 7 el y� ` f . tot FROM : Joshua Holbrook, Construction Inspection Supervisor SUBJECT: 2013 Class 6 Road Base Supply / Bid #B1300032 BOCC Approval Date February 13 , 2013 BID NO : #61300032 On January 29, 2013 , five bids were opened for the 2013 Class 6 road base supply contract. Five bids were received for this project and amounts per ton ranged from $6 .35/ton to $7 . 75/ton. Public Works is recommending the award of this contract to multiple vendors' base on their proximity to our county projects as discussed at the work session on February 11 , 2013 . It is our recommendation to award this contract to : J-2 Contracting Company for a total amount of $24,765.00 /Pit location : East 18th St. Greeley, CO Martin Marietta Materials for a total amount of $28,700.00 / Pit location: 35ave Greeley, CO L.G Everist, Inc for a total amount of $97,400.00 / Pit location(s) : WCR 7 (Rinn valley) and WCR 18 (Ft. Lupton) These contractors have completed similar work for us in the past with success. This project is anticipated to begin in March 2013 with completion of the project at the end of July 2013 . /$6/,5 r.27a6.6'15/3 C.\Users\sbrown\AppData\I ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\SY4JG0N7\2013 rec ven.doc /! er4„)6 6 (0 a 0 Q 0 0 / > \ z < \ mi - o � 2 - oz ^ N \ 26 \ M ] - ° 2 ) r § \ k§ § E z D § ° eaw 1- I- ■ ,_ ow k � § & ) § // Lu ® ® ® ® 0 (0 ,-- 2 o o � wiii a. wo2E ) & � = 6w � ).c. 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