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Home My WebLink About20121169.tiff r861 MEMORANDUM L! r ' nil} NTY z TO: Clerk to the Board DATE: February 19, 201 FROM: Curtis Hall, Motor Grader Supervisor Public Works Department SUBJECT: BOCC Consent Agenda RE: Bid#B1200083, Doc#2012-1169 Attached is the Surface Gravel Supply Agreement extension/renewal, Bid Schedule, and bond with L. G. Everist for the 2014 gravel supply. Attached are three duplicate original Contract Extension / Renewals. Please return two to Public Works. M:\Francie\AGENDA memos\AgendaCurtis-1 docx o? prielp /o frane:e_ ‘Ja/as/47oiV cc;fld(Carf s �Freinek) sang ryoc c kette do— o7/aQ/awr 07012 — l i t ti a- aut• aoly EG 001/44 to BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Weld County 2014 Surface Gravel Supply,Bid#B1200083,Doc#2012-1169 DEPARTMENT: PUBLIC WORKS DATE: 02-03-2014 PERSON REQUESTING: Curtis Hall, Motor Grader Supervisor,Weld County Public Works Brief description of the problem/issue: Weld County has two different Surface Gravel Supply Agreements that were bid and approved in 2012. One agreement is with Connell Resources for the northwest area and the other agreement is with L. G. Everist for the south area of Weld County. The Surface Gravel Supply contracts were set up to be extended or renewed. The Board has the option of renewing the agreements from January 1, 2014, to December 31, 2014, as permitted by the contract. This extension will be the last year of the three year contract term. The contract allows for yearly bid adjustments based upon the current Denver/Boulder/Greeley Consumer Price Index, which was a 2.75% increase from 2012 to 2013. Connell Resources Inc. and L.G. Everist both requested an increase that was within the amount allowed for yearly bid adjustments according to the contract for 2014. Both contractors were low bid for the 2012 Surface Gravel Supply Contract for their respective areas. The projected budgeted amount for 2014 is$ 624,150. The Public Works Department has been satisfied with their products. What options exist for the Board? (Include consequences,impacts,costs,etc.of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for both Connell Resources Inc. and L.G. Everist renewals under the Surface Gravel Supply Contract for the 2014 gravel supply. Approve Schedule Recommendation Work Session Other/Comments: Douglas Rademacher,Chair I J Barb Kirkmeyer Sean P.Conway Mike Freeman h1� William F.Garcia ' Attachments pc: David Bauer, Elizabeth Relford M:\Ctirtis1Conbncu12011H01 lcontrecAWork Session Request docx CONTRACT EXTENSION/RENEWAL Surface Gravel Supply Date: 01-30-2014 Project: South Surface Gravel Supply BID REQUEST NO.B 1200083 Owner: Weld County Public Works Department,P.O.Box 758,Greeley,Colorado 80632 Vendor: L.G. Everist Inc..7321 E. 88" Avenue Suite 200.Henderson,Colorado,80640 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for L.G. Everist Inc. is extended from January 1, 2014, to December 31,2014, as permitted by the contract. This extension will be the third year of a possible three year contract. Change to Original Bid Schedule: The 2013 Bid Schedule of the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: The 2013 contract price of$6.75 per ton is now modified to$6.94 per ton during this 2014 Con&act Extension/Renewal. 2014 Total Contract Price$312,300.00 CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: nn k4 -- FEB 2 4 2014 Owner Representative: 6(((4(((''' 4 �Gs� �Cs C e4r— Date: a d (Chair) Project Manager: ///�� Date: Z,/y/4/Director: () "� Date: Calf e/ 9 APPROVALS: Contractor Everist I `y� 13y: // Date: &2 2 -5 Title: -4- iC S y4-GUCi Q e r M:\Cutlis\Contracts\2013\2013contracElgeverisICONTRACT EXTENSION docx 070/07 - /le9 2014 BID SCHEDULE South West ITEM# OUANTITY [SNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel 45,000 TON $6.94 $312,300 Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. M:4CurtislConlracls4201 312 01 3contractlIgevadstCON RACT EXTENS1ON.docx t " RIDER Travelers-Casualty and Surety-Company of America Orre`TOWer Square, Hanford, CT 06183 To be attached to and form a part of: Bond No. 105818888 Type of Bond: Performance/Payment 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.1111 H StreetLPO Box 758.Greeley CO 80632 and dated February 26,2013. Inconsideration of the premium charged for-the attached bond,=it is hereby agreed to change: Expiration date and penalty amount ;Prom:: January 1,2014-penalty$303;750 To: ,December 31.,2014-penalty$0000 0 This rider is effective . January 1.2014. 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. TJie-referenced bond shall be subject to all its agreements, limitations and conditions:except as herein expressly modified. SIGNED, SEALED AND DATED this 6th day pf February, 2014.. L.G_:.5.3..e../ ,,1 By"---7 /4:1-7v Principal Travelers:Casualty and Surety Coins y-0 America By: PI (,c/ W.W. Townsend. Attorney-in-Fact -'RIDER ACCEPTED.BY; (Obligee) �g, ,,,t2„' .w ��t-'f \,';::•.7"k' A - IfOebligee.signature required, please sign.duplicate and return to Surety. , 3 ; 1 u„1 v A'f�S•_ Y -xb 1.. :` ^ a: ys $ i. &I (01-99) tti 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. 005723 21.0 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 � I J.E.Jencks,G.M.Joyce,Jack E.Miller,J.D.Muller,C.A.Reaves,J.J.Scherschligt,Roger Starks, and W.W.Townsend, ' I Sioux Falls South Dakota of the City of ,State of ,their true and lawful Altomey(s)-in-Pact, 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 c, cnsu�t ..o9litr � ew �m'"�r,,, osnN..!xspq ,pa,�rvsaa9 srarnx\ ,�M�wnryr oY £ 24tlwo:r ay'Fww+ �, ((ff��¢:.. H' `"� NP aY �(' <� INCORPORATED m�lnp 6 l�i�'Unoa,,,/,a `r{0,ORRT C n 1 1¢982 p �3 �9� s+ 09'"- z i v3 1957 Y" }.S ^, ONN "wa EAL.o: ;;s.sExA t W � FOaD, < (4 C £ c,'as'R sip; \a .......:yAr v..... .'i <y e= i� „�i` �\\4 �` ruVx. /;' `- 1896 m\ .1� N i 6 a wt 1trN °wwY�,^�`, „s-�.HN/ �s.,�.Na •tyi":ve .pMl AtNe State of Connecticut By: r� 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. p,TFT In Witness Whereof,I hereunto set my hand and official seal. ITMD. C • �� My Commission expires the 30th day of June,2016. *t AUBIO * Marie C.Tetreault,Notary Public• 58440-8-12 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 6TH day of FEBRUARY ,20 14. arree Kevin E.Hughes,Assistant Sec pxs . uses �ciiv anonµeswmckE� MitcC Q9p ox � V₹ G evon � 'a#' 6 n wrMrGW161 ar b �ko .1'11 't96z o 1977 h " r E 3 xunwsn. a�rwnww. $ < " +RoC S' 1951 [XC'z tSB tt `' co�xx. c & Y " 1696 4.vt4rTo verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .861 MEMORANDUM wz..4 c=ou7 - TO: Clerk to the Board DATE: February 19, 2012 FROM: Curtis Hall, Motor Grader Supervisor Public Works Department SUBJECT: BOCC Consent Agenda RE: Bid#B1200083, Doc#2012-1169 Attached is the Surface Gravel Supply Agreement extension/renewal, Bid Schedule, and bond with Connell Resources for the 2014 gravel supply. Attached are three duplicate original Contract Extension/Renewals. Please return two to Public Works. M:\Francie\AGENDA memos\AgendaCurt is-2.docx a 4244 /7L1444teleler a/as CC' p (Car4ss-ri2mae) C a a-ae-07e / do,a 1 lkn9 c9- 011 -07014 'ec to coca BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Weld County 2014 Surface Gravel Supply,Bid#81200083,Doc#2012-1169 DEPARTMENT: PUBLIC WORKS DATE: 02-03-2014 PERSON REQUESTING: Curtis Hall,Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County has two different Surface Gravel Supply Agreements that were bid and approved in 2012. One agreement is with Connell Resources for the northwest area and the other agreement is with L. G. Everist for the south area of Weld County. The Surface Gravel Supply contracts were set up to be extended or renewed. The Board has the option of renewing the agreements from January 1, 2014, to December 31, 2014, as permitted by the contract. This extension will be the last year of the three year contract term. The contract allows for yearly bid adjustments based upon the current Denver/Boulder/Greeley Consumer Price Index, which was a 2.75%increase from 2012 to 2013. Connell Resources Inc. and L.G. Everist both requested an increase that was within the amount allowed for yearly bid adjustments according to the contract for 2014: Both contractors were low bid for the 2012 Surface Gravel Supply Contract for their respective areas. The projected budgeted amount for 2014 is$624,150. The Public Works Department has been satisfied with their products. What options exist for the Board? (Include consequences,impacts,costs,etc.of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for both Connell Resources Inc. and L.G. Everist renewals under the Surface Gravel Supply Contract for the 2014 gravel supply. Approve Schedule Recommendation Work Session Other/Comments: Douglas Rademacher,Chair Barb Kirkmeyer Sean P.Conway '711 Mike Freeman 1Y\C William F.Garcia CAA, Attachments pc: David Bauer,Elizabeth Relford M3Canis\C000nctk12013 2033contaet\Wosk Session Request dock a CONTRACT EXTENSION/RENEWAL Surface Gravel Supply Date: 01-23-2014 Project: Northwest Surface Gravel Supply BID REQUEST NO.BI200083 Owner: Weld County Public Works Department,P.O.Box 758,Greeley,Colorado 80632 Vendor: Connell Resources Inc.,7785 Highland Meadows Parkway,Fort Collins, Co 80528 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Surface Gravel Supply Agreement for Connell Resources Inc. is pPY 8 extended from January 1, 2014, to December 31, 2014, as permitted by the contract. This extension will be the third year of a possible three year contract. Change to Original Bid Schedule: The 2013 Bid Schedule of the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: The 2013 contract price of$6.75 per ton is modified to$6.93 per ton during this 2014 Contract Extension/Renewal. 2014 Total Contract Price$311,850.00 CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: (( FEB 2 4 2014 Owner Representativ : ass up cS .-Z� Date: glas Ra�her(Chair) Project Manager: /�}� Date: z.)S.IV Director: 0.A.A...„ Iy�a,��YG� l�f' Date: WI�//y APPROVALS: 1. v I Vendor:Connell Resources Inc. By: 1./J-02____ A _ Date: i (Q1/1/1 Title: w..F . M\Curtis\Contracts\2013\2013contract\mnnelICONTRACT EXTENSION docx aoia-i//9 2014 BID SCHEDULE North West ITEM# ;TEM OUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel 45,000 TON $6.93 $311,850 costs necessary to stockpile and load material ready Prices will include all labor p Y for use. Transportation of all the aggregates will be by Weld County personnel. M1CurtislContracts120 1 312 0 1 3contracAconnelLCONTRACT EXIENSION.docx 11ilk .•• TRAVELERS License No. RIDER To be attached to and form part of Bond No. 105759955 Issued on behalf of Connell Resources, Inc. as Principal,and in favor of Weld County Public Works Department as Obligee. It is agreed that: O 1. The Surety hereby gives its consent to change the Name: from: to: © 2. The Surety hereby gives its consent to extend the contract date from: January 1, 2014 to: DPrenher "I1 , 2014 ® 3. The Surety hereby gives its consent to change the contract amount . from: $303,750.00 to: $311,850.00 • This rider shall become effective as of January 1, 2014 • PROVIDED,however,that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed,sealed and dated January 15, 2014 . Travelers Casualty and Surety Company of America By: .,a\► r c., Q Q'st, i. Diane F. Clementson, Attorney-in-Fact Accepted: or Connell Resources, Inc. Obligee Principal A_____: By: By: -1,..a.._, ``,,% 1Iill,, 0V%ESO!i /, •...........4 i 8-4111(8/66) 0i : ZZ111(8/66) n : SE :• • - 0 *,,%.- ‘‘ ,I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ji a 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 3 Attorney-In Fact No. 226237 Certificate No. 0 0 5 5 3 4 9 9 7 . KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance f 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 1 laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Darlene Krings,William C.Bensler,Kelly T.Urwiller,Diane F.Clementson,Anthony P.Stimac,Royal R.Lovell,Russell D.Lear,Katherine E.Dill, K'Anne E.Vogel,Jennifer Winter,Steve J.Blohm,and Wesley J.Burorac of the City of Greeley ,State of Colorado ,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 p 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 19th - day of June 2013 Farmington Casualty Company St.Paul Mercury Insurance Company iFidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty InsuiMice 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 fl C c.•'an Rn.:c :S.;r-+�., �T..,'IJ+ 0 h" AIN� State of Connecticut By: / . ' City of Hartford ss. Robert L.Raney, color Vice President On this the 19th day of June 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. to•Terget \,� _- n�, In Witness Whereof,I hereunto set my hand and official seal. 4 T h .G ld/� C . i..lJ My Commission expires the 30th day of June,2016. P p08`Sp * Marie C.Tetreault,Notary Public .4* �,s 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I f - - WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER S : « 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 15th day of January 20 14 Kevin B Hughess,,Assistant Sec t essui `t 1.41r :pE6 OAF i11/(g'9 ;jIN5Uqut tCre 4Na Ot> SAY oe.€9°14::y Fob°ha � e P:�naoF:G' P,........ .h,', �i r e 6 t,'C0.9F86ATED'A • ..,„Et,1:6 oenrf \ �'7 982 0 1977 t; +x€ £; _._ .o HARTFORD. . a[xvmORD, "maw Ea \�.. C. n m �: • 0 1896 :$1 AP �:-SEAL,o} ≥r.SBAL co e LOOM. R X w q t ,pt r:Tee i !� J . ��%„'m�f !S.AX� �y,.......ra ar F� Y+ 4yl AINS'" To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.comi 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 MEMORANDUM tit c O_u-T _ TO: Clerk to the Board DATE: March 7, 2013 FROM: Curtis Hall, Public Works SUBJECT: Consent Agenda Item RE: Doc. # 2012-116, Bid No. B1200083 2013 Surface Gravel Supply Contract Extension/ Renewals: 1) L. G. Everist, Inc., (south area) 2) Connell Resources (northwest area) Attached is one each original Contract Extension/Renewal from L. G. Everist, Inc. and Connell Resources. 7 M:\Francie\AgendaChairSignature.doc EC' CC 66' BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld County 2013 Surface Gravel Supply,Bid #B1200083, Doc #2012-1169 DEPARTMENT: PUBLIC WORKS DATE: 02-26-2013 PERSON REQUESTING: Curtis Hall, Motor Grader Supervisor, Weld County Public Works Brief description of the problem/issue: Weld County has two different Surface Gravel Supply Agreements that were bid and approved in 2012. One agreement is with Connell Resources for the northwest area and the other agreement is with L. G. Everist for the south area of Weld County. The Surface Gravel Supply contracts were set up to be extended or renewed. The Board has the option of renewing both agreements from June 18, 2013, to December 31, 2013, as permitted by the contract. This extension would be in the second year of a possible three year contract limit. The contract also allows for yearly bid adjustments based upon the current Denver/Boulder/Greeley Consumer Price Index, which was a 1.70% increase from 2011 to 2012. Neither Connell Resources Inc. nor L.G. Everist requested an increase in price for 2013. Both contractors were low bid for the 2012 Surface Gravel Supply Contract for their respective areas. The projected budgeted amount for 2013 is $ 607,500. The Public Works Department has been satisfied with their products. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for both Connell Resources Inc. and L.G. Everist renewals under the Surface Gravel Supply Contract for the 2013 gravel supply. Approve Schedule Recommendation Work Session Comments William F.Garcia, Chair CAA Douglas Rademacher, Pro-Tern Sean P. Conway Mike Freeman NM Barbara Kirkmeyer Attachments pc: David Bauer, Public Works Director M\Ct ttisVCununctsA20 13'201]rontractAWork Session Request dos CONTRACT EXTENSION /RENEWAL Surface Gravel Supply Date: 02-26-2013 Project: South Surface Gravel Supply BID REQUEST NO.B 1200083 • Owner: Weld County Public Works Department, P.O. Box 758, Greeley, Colorado 80632 Vendor: L.G. Everist Inc., 7321 E. 88th Avenue Suite 200, Henderson,Colorado, 80640 The following change is hereby made to the Contract Documents: t ' 6• C✓w15f Inc. Contract Time Extension: The original Agreement for ConnefiaimiLinceserr kie. is extended from June 18, 2013, to December 31, 2013, as permitted by the contract. This extension will be the second year of a possible three year contract. Change to Original Bid Schedule: The 2012 Bid Schedule of the original contract shall be replaced by the attached 2013 Bid Schedule. CHANGE TO CONTRACT PRICE: The 2012 contract price of$ 6.75 per ton is not modified and remains in effect. CHANGE TO CONTRACT TIME: The Contract time will be increased by 196 calendar days. RECOMMENDED: Owner Representative: " v Date: MAR 1 1 2013 W Iliam F. Gar, la(Chair) / Project Manager: x,�L1 �/IevQ Qr Date: Op(/ 7&7/3 Director: 1f ,( Date: O6/2 APPROVALS: Contractor . Everist H . #26 45 By: /�� Date: �� Title: St& /7/4.4.-c E i VI Cunls Contracts 20132013conrrocI IgeveristCONTR ACT FxTENSION docx 2013 BID SCHEDULE North West ITEM# ITEM QUANTITY UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel 45,000 TON $6.75 $303,750 Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. M'Curds\Contracts\2013\2013 contracNgeveristCONTRACT EXTENSION.docx • r AGREEMENT 2012 Surface Gravel Supply THIS AGREEMENT,made this //IA day of Pc' G ,20 /2 by and between Weld County,Colorado, hereinafter called "Owner" and L. G.Everist, Inc., 7321 E. 88i° Avenue, Suite 200, Henderson, Colorado 80640, 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: The Contractor will commence and complete the following: Surface Gravel Supply described in the Invitation for Bids,Bid No.B 1200083,for the South center of operations in the amount of$202,500. 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 Surface Gravel Supply as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term"Contract Documents"means and includes the following: (A) Invitation for Bids (B) Bid Proposal (C) Bid Schedule (D) Bid Summary (E) Receipt of Addenda (F) Bid Bond (G) W-9,Request for Taxpayer Identification Number and Certification (H) Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (I) Notice of Award (K) Agreement (L) Performance Bond (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 (W) Revision of Section 703,Aggregate (X) Map Locations No. , dated ,20 No. , dated ,20 c;70 Ia- II (01 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto ant their respective heirs, executors, administrators,successors,and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: THE BOARD OF CONTRACTOR WELD COUNTY COMMISSIONERS ////� BY P ce BY J ! /,P � NAME Sean P.Conway NAME l� A e t d e _ ! (Please Type) TITLE Chair TITLE 6'A-le /21,4-K/7e_r Date JUN 18 2012 ADDRESS L, G. Et,j er irsfyit�C. y:- it R---\ _732 / I_ - g8+fit 4-cie. 241-1(020( !>r\C /47eNder≤oto (O U . = .-..taus, `/ G n ._v 1861 r C.I:r �'Li o0o i (SEAL) IM F/ (SEAL) �s . ti 144a----77 , ATTEST: TTEST: 4 Pier la stcis Weld County Clerk to the Board Q•Ynee -( -•,.,,,,,r,,,,,•. BY r ' BY J tunes A• S;Hymn Deputy Clerk the Board (Please Type) • TITLE ASsis+MvAI. 5rcrt..#0.ri M:\Curtis\Contracts\2012\AGREE-LGEverist-Soulh.decx ao/ca //,g 2 CONTRACT EXTENSION/RENEWAL Surface Gravel Supply Date: 02-26-2013 Project: Northwest Surface Gravel Supply BID REQUEST NO. 81200083 Owner: Weld County Public Works Department, P.O. Box 758, Greeley, Colorado 80632 Vendor: Connell Resources Inc.,7785 Highland Meadows Parkway, Fort Collins, Co 80528 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for Connell Resources Inc. is extended from June 18, 2013, to December 31, 2013, as permitted by the contract. This extension will be the second year of a possible three year contract. Change to Original Bid Schedule: The 2012 Bid Schedule of the original contract shall be replaced by the attached 2013 Bid Schedule. CHANGE TO CONTRACT PRICE: The 2012 contract price of$6.75 per ton is not modified and remains in effect. CHANGE TO CONTRACT TIME: The Contract time will be increased by 196 calendar days. RECOMMENDED: -'_ MAR 1 1 2013 Owner Representative: Date: lliamF.F. Garcia(/Chhair) Project Manager: — l \l ) Date: ©p77OZ�/�� Director: \nf Date: 1.6."/--? APPROVALS: APPROVALS: Contractor Connel esources Inc. By: Date: 3///!3 Title: a<< We--5/221— //2 _ M-\Cntlls\Contracts'2013\20 I lconvaa\connelTCONTRACT EXTENSION docx 07O/2-i/ley 2013 BID SCHEDULE North West ITEM# ITEM OUANTITT UNIT PRICE PER CONTRACT PRICE UNIT 304.00 Surface Gravel 45,000 TON $6.75 $303,750 Prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all the aggregates will be by Weld County personnel. MVCurtisAContracts\20 13V 20 13contract\connelICONTRACT EXTENSION.docx AGREEMENT 2012 Surface Gravel Supply THIS AGREEMENT,made this l J day of -5t,*,Y1e ,2011, by and between Weld County, Colorado, hereinafter called "Owner" and Connell Resources, Inc., 7785 Highland Meadows Pkwy, Suite 100, Ft. Collins, CO 80528 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: Surface Gravel Supply described in the Invitation for Bids,Bid No. B 1200083, for the Northwest center of operations in the amount of S202,500. 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 Surface Gravel Supply as specified by the Contract Documents. 4, The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term"Contract Documents"means and includes the following: (A) Invitation for Bids (B) Bid Proposal (C) Bid Schedule (D) Bid Summary (E) Receipt of Addenda (F) Bid Bond (G) W-9,Request for Taxpayer Identification Number and Certification (H) Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (J) Notice of Award (K) Agreement (L) Performance Bond (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 (1) 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 (W) Revision of Section 703, Aggregate (X) Map Locations No. , dated ,20 _ No. , dated aOla -lI 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,successors,and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date first above written. ORDERED BY: ACCEPTED BY: �,/)J THE BOARD OF CONTRACTOR: (.Lie!! eesocA('f651, T WELD COUNTY COMMISSIONERS c /J BY c_t _. BY _ NAME Sean P. Conway NAME cQbn 'V [Naf(C✓� /rp (PI T TITLE Chair TITLE (// (e5'/( C/1! Date JUN 18 2012 ARDREss 7783 iliffilzis et `tort 045 0 te15ar 7 (SEAL) test ' �'i-=:.r -- (SEAL) ATTEST: ATTEST: Weld County Clerk to the Board LI A z BY/ jindLQ. S2�L-C.L�(G� BY !r ✓I c6(500_Deputy Cler o the Board (P e:se Type) h / eere cr y TITLE Sag 4Qlt"S / M:\Curtis\Contracts\2012UGREE-Connel I-North W est.dacx C/a- /%‘ -, Las• t, MEMORANDUM ; I r : — & r TO: Pat Persichino,Director of Public Works DATE: May 17,2012 U N '.. FROM: Curtis Hall,Motor Grader Supervisor SUBJECT: Surface Gravel Supply for 2012 (BID REQUEST NO.B1200083) On May 1",2012,the bids were opened Tor the Surface Gravel Supply for 2012. Below arc a list of bids that where submitted. VENDORS PLANT LOCATION UNIT PRICE PER TON L.G Everist Inc. (WCR 26 Lohmann Plant) $6.75 7321 E.88th Avenue Suite 200 (WCR 7 Rinn Valley Plant) $6.75 Henderson,CO 80640 (WCR 18 Ft.Lupton Plant) $6.75 (WCR 120 Carr Pit) $7.25 Connell Resources,Inc. (Hwy 392 and CR 13 Serfir Pit) $675 7785 Highland Meadows Pkwy (r-25 Frontage Rd Carr Pit) $7.75 Suite 100 Fort Collins,CO 80528 Dietzler Construction (WCR 95 and 96(Thomas Pit) $ 12.00 1306 S.Main Street Torrington,WY 82240 Martin Marietta Materials (North 35th Ave,Greeley) $6.90 925 North 35th Avenue Greeley,CO 80634 Pine Bluff Gravel&Excavating (Kimball,Nebraska Pit) $7.35 215 Main Street Suite B,P.O.Box 609 Pine Bluffs,WY 82082 We have worked with the following suppliers and have had satisfactory results: Martin Marietta Materials, Connell Resources, Inc., and L. G. Everist,Inc. North East: The second low bid for the material supply was submitted by Martin Marietta Materials,The Weld County Public Works Department recommends Martin Marietta Materials be awarded the bid for the North East material supply due to plant location. Plant Location: Martin Marietta Materials--located at 925 North 35'h Avenue,Greeley,CO. North West: The low bid for the material supply was submitted by Connell Resources Inc. The Weld County Public Works Department recommends Connell Resources Inc.be awarded the bid for the North West material supply. Plant Location: Connell Resources Inc.—located at 64026 1-25 Frontage Rd. South: The low bid for the material supply was submitted by L.G Everist Inc. The Weld County Public Works Department recommends L.G Everist Inc.be awarded the bid for the South material supply. Plant Location: L.G.Everist Inc. --located at 12546 WCR 18,FT.Lupton,CO. Central: The second low bid for the material supply was submitted by Martin Marietta Materials. The Weld County Public Works Department recommends Martin Marietta Materials be awarded the bid for the South material supply due to the plant location. Plant Location: Martin Marietta Materials--925 North 35th Avenue,Greeley,CO. The Weld County Public Works Department recommends that the bids be awarded as listed below based on the unit prices shown in the summary. C:\Documents and Settings\dbcchler\Local SeltingslTemporary Internet Files\Content.Outlook\HDO4AU84\SURFACE GRAVEL SUPPLY 83 approval letter docx o?OA; — MO9 EG 00(01, co C CO V a N. c0 N Cr (0 w V d a c 0- U c 1 To o c > E o -- a > o O) co O) a(0 7 O C O C E V C 7 -I N C O J 0 N •J J W 11� COa_. 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V H- 0 A A A 3 s .V, ° •O _ � ;A; CL 5 w s o m U — N ri 4 vi r- oa o- F U s �► r ��_- MEMORANDUM CG O_.U N T_Y TO: Clerk to the Board DATE: June 12, 2012 FROM: Curtis Hall, Motor Grader Supervisor Public Works Department SUBJECT: BOCC Agenda Bid No. B1200083 Attached are three original, duplicate signed agreements with Connell Resources, Inc. for the 2012 Gravel Surface Supply Bid, northwest center operations in the amount of$202,500. Please return two signed original agreements to Public Works. M\Curtis\Contracts\2012\BoccAgendaCoverMemo-1.docx ( r. . ) Crf �4 e 7:_ CC : pc3, Pu - AGREEMENT 2012 Surface Gravel Supply THIS AGREEMENT,made this day of , 20 by and between Weld County, Colorado, hereinafter called "Owner" and Connell Resources, Inc., 7785 Highland Meadows Pkwy, Suite 100, Ft. Collins, CO 80528 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: Surface Gravel Supply described in the Invitation for Bids, Bid No. B1200083, for the Northwest center of operations in the amount of$202,500. 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 Surface Gravel Supply as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Bid Proposal (C) Bid Schedule (D) Bid Summary (E) Receipt of Addenda (F) Bid Bond (G) W-9, Request for Taxpayer Identification Number and Certification (H) Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (J) Notice of Award (K) Agreement (L) Performance Bond (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 (W) Revision of Section 703, Aggregate (X) Map Locations No. , dated , 20 No. , dated , 20 } -. 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents, or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. 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: Amen esorarre5_, rne, WELD COUNTY COMM)ISSIONERS �i 6 __ > BY I / NAME Sean P. Conway NAME 0-1w) / . alarrev. Pe., (Flue T TITLE Chair TITLE / � res/ C/1/Date JUN 18 2012 A 'DRESS 1785 di1 h/,t�'1/lkz s6/i r z� Fort otos, (d . D5-02<S7 / � f 1 JI /rJ (SEAL) 1861 .'r 1 (SEAL) ATTEST: a ATTEST: Weld County Clerk to the Board it BY/ j 1 / �LX C-lG/-"C.J BY br l �✓l,_, else✓, �y Cler Cler o the Board (P eo se Type) f See re ila7 TITLE .S.54/4n / M:\Curtis\Contracts\2012\AGREE-Connell-North W est.docx 26/a- // 7- • Ilb/ li-V Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal stators and principal place of business) ADDITIONS AND DELETIONS: Connell Resources, Inc. Travelers Casualty and Surety The author of this document has 7785 Highland Meadows Parkway Company of America added information needed for its Suite 100 One Tower Square completion.The author may also Fort Collins,CO 80528 Hartford. CT 06183 have revised the text of the original AIA standard form.An Additions and OWNER: Deletions Report that notes added (Name, legal status and address) information as well as revisions to the Weld County,Colorado standard form text is available from the author and should be reviewed.A 1111 H Street vertical line in the left margin of this Greeley, CO 80632-0758 document indicates where the author has added necessary information CONSTRUCTION CONTRACT and where the author has added to or Date: deleted from the original AIA text. Amount: $202,500.00 This document has important legal Description: consequences.Consultation with an (Name and location) attorney is encouraged with respect 2012 Surface Gravel Supply to its completion or modification. Project No.B 1200083—Northwest Area Greeley, CO Any singular reference to Contractor, Surety,Owner or other party shall be BOND NUMBER: 105759955 considered plural where applicable. Date: (Not earlier than Construction Contract Date) Amount: $202,500.00 Modifications to this Bond: X None (Paragraphs deleted) CONTRACTOR AS PRINCIPAL SURETY Connell Resources, Inc. Travelers Casualty and Surety Company of America ( orate Seal) (Corporate Seal) Signature: Signature: 'L'W't 4 —( it2-4"f'}' . I Name and c:7bl A4. �/ANH Name and Darlene Krings IJ Title: �e f�tl'•o/A.7- Title: Attorney-in-Fact (Awe additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) Flood&Peterson Insurance, Inc. 4821 Wheaton Drive Fort Collins,CO 80525 (970)266-8710 (Row deleted) AlA Document A312""-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it,may result in 1 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 11:27:53 on 06/01/2012 under Order No.4906480174_1 which expires on 10/30/2012,and is not for resale. User Notes: (961556537) § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond.except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or § 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances; .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness.the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312'"'-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by Init. U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of It,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:27.53 on 06/01/2012 under Order No.4906460174_1 which expires on 10/30/2012,and is not for resale User Notes: (961556537) § T If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. § 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. Init. AIA Document A312",-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 11:27:53 on 06/01/2012 under Order No.4906480174_1 which expires on 10/30/2012,and is not for resale. User Notes: (961556537) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. AIA Document 4312TM-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This Abe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 11:27:53 on 06/01/2012 under Order No.4906480174_1 which expires on 10/30/2012,and is not for resale. User Notes: (961556537) A_IA Document A312t" - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: Connell Resources, Inc. Travelers Casualty and Surety The author of this document has 7785 Highland Meadows Parkway Company of America added information needed for its Suite 100 One Tower Square completion.The author may also Fort Collins,CO 80528 Hartford,CT 06183 have revised the text of the original AIA standard form.An Additions and OWNER: Deletions Report that notes added (Name, legal status and address) information as well as revisions to the Weld County,Colorado standard form text is available from the author and should be reviewed.A 1111 H Street vertical line in the left margin of this Greeley, CO 806324)758 document indicates where the author has added necessary information CONSTRUCTION CONTRACT and where the author has added to or Date: deleted from the original AIA text. Amount: $202,500.00 This document has important legal Description: (Name and location) consequences.Consultation with an attorney is encouraged with respect 2012 Surface Gravel Supply to its completion or modification. Project No.B 1200083—Northwest Area Greeley,CO Any singular reference to Contractor, (Paragraphs deleted) Surety,Owner or other party shall be BOND NUMBER: 105759955 considered plural where applicable. Date: (Not earlier than Construction Contract Date) Amount: $202,500.00 Modifications to this Bond: X None CONTRACTOR AS PRINCIPAL SURETY Connell Resources, Inc. Travelers Casualty and Surety Company of America Corporate Seal) (Corporate Seal) � Signature: Signature: ttttyul�l ,Yt,L.yt? '. Name and 7.7>/he,/t7ab e x, Name and Darlene Krings / U Title: (/kc Pes'J"t Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry) Flood &Peterson Insurance, Inc. 4821 Wheaton Drive, Fort Collins,CO 80525 (970)266-8710 (Row deleted) AIA Document A312*M-2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AlA® Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of It,may result in 1 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:29:56 on 06/01/2012 under Order No.4 9064 801 74_1 which expires on 10/30/2012,and is not for resale. User Notes: (1163551572) § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). § 5.2 Claimants.who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § B The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any.under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Al Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A1Ae Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 11 29 56 on 06/01/2012 under Order No.4906480174_1 which expires on 10/30/2012,and is not for resale. User Notes: (1163551572) § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall pennit a copy to be made. § 16 Definitions § 16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. § 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor.materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312T"'-2010 Payment Bond.The American institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by Init. U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 11:29:56 on 06/01/2012 under Order No.4906480174_1 which expires on 10/30/2012,and is not for resale User Notes: (l l&'.. 1572) § 16.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below,for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Ink. AIA Document A312""-2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA' Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in 4 severe chill and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:29:56 on 06/01/2012 under Order No.4906480174_1 which expires on 10/30/2012,and is not for resale User Notes: (1163551572) WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a 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. 223049 Certificate No. rl `..� t-; a i'1^ '1-; ...1 L1 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 Darlene Krings,William C. Bensler, Kelly T.Urwiller,Diane F.Clementson,Anthony P.Sumac, Royal R. Lovell,Jennifer Winter, Russell D. Lear, Katherine E.Dill,Brandi J.Tetley,and K'Anne E.Vogel of the City of Greeley ,State of Colorado ,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. 16th IN WITH S WHEREOF,the Comp es ave caused this instrument to be signed and their corporate seals to be hereto affixed.this December 2011 day of 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 on5l.,re` .. 1'\ 4 e IXfG9 p X�,,, Xa� Xp` g}Svowt X. 0°Y 44k ��i'°:XI pt° -1' a it $'tom 6 nieraN tFa rt i/ r1m+ /£000voxXrp:.m1 �'. InR1FUr0, 'f _g198 2c O s,-, , . t i E 19$1 Stay SEAL.o? 1 S "I\ c°9. 9 % 7 t �At ti Y o' `a', aid4.4....; e p . .�> i 19's .. `,fim,f` 11•::...±--'1. '011 Alafi State of Connecticut By: City of Hartford ss. Georg Thompson, 'enior ice President On this the 16th day of December 2011 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, Si. 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 aw�duly �authorized officer. In Witness Whereof,I hereunto set my hand and official seal. ' VW .a"c' " ' �"�"" /L My Commission expires the 30th day of June,2016. O PUMA * Marie C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. f 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 Surely 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 day of ,20 . Kevin E.Hughes,Assistant Sec tary c^o�s°vWe i a asx ixs { asµrr 44°.c �+e `% Y r Q �,o 09�C'C� 1P p10P91. Pa. F, 3 �4 d r° k 1977 ■c1951m : c" rn , e °"e ci s a�7 />r � SE AL;o3 114.SEAL r xr. e ! v /M:r.i' ♦' 4MI ANtdr' To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Client#: 14427 CONREI 4 ACORDW. CERTIFICATE OF LIABILITY INSURANCE DATE TE(MMIDDNYY 012 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CUNTALT Nikki Mosbrucker PRODUCER NAME: Flood& Peterson Ins.,Inc. (PHONE E�MA L 970 266-7123 I(AID,No) 970 506-6823 'Ex".P.O.Box 578 ADDRESS: nikki.mosbrucker@floodandpeterson.com Greeley,CO 80632 PRODUCER CUSTOMER ID%: 970 356-0123 INSURER(S)AFFORDING COVERAGE NAIC it INSURED INSURER A:Travelers Insurance Company Connell Resources, Inc. INSURER B'Pinnacol Assurance 7785 Highland Meadows Parkway#100 INSURER C: Fort Collins,CO 80528 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. /NOR ADDLBUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSR NVD POLICY NUMBER (MM/DDNYYY) (MMIODIYYYYI A GENERAL LIABILITY DTCO4794N532- 06/01/201206/01/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY IND13 PREMISES(Ea occu occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Anyone person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY X moi LOC $ A AUTOMOBILE LIABILITY DT6104794N532• 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT $ (Ea eccidanl) 1,000,000 X ANY AUTO TIL13 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS X Drive Other Car $ A x UMBRELLA LIAB X OCCUR DTSMCUP4794N- 06/01/201206/01/2013 EACH OCCURRENCE 510,000,000 EXCESSLIAB CLAIMS-MADE 532TIL13 AGGREGATE $10,000,000 DEDUCTIBLEI $ X RETENTION $ ! $ B WORKERS COMPENSATION 4029651 06/01/2012 06/01/2013 X IrRRY IMITBTATu-S I IOTRH- AND EMPLOYERS'LIABILITY TO ANY PROPRIETOR/PARTNER/EXECUTIVE Y IN E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes describe under E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Surface Gravel Supply Agreement Weld County,Colorado, by and throught he Board of County Commissioners of the County of Weld, its officers (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Department ACCORDANCE WITH THE POLICY PROVISIONS. 1111 H Street PO Box 758 AUTHORIZED REPRESENTATIVE Greeley,CO 80632 ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S699494/M698847 NIK DESCRIPTIONS (Continued from Page 1) and employees are named as additional insured, but only as respects liability arising out of work performed by the named insured(Excluding Workers'Compensation). AMS 25.3(2009/09) 2 of 2 #S699494/M698847 _ 1861 MEMORANDUM 1„G U_N?Y TO: Clerk to the Board DATE: June 12, 2012 FROM: Curtis Hall, Motor Grader Supervisor Public Works Department SUBJECT: BOCC Agenda Bid No. B1200083 Attached are two original, duplicate signed agreements with L. G. Everist, Inc. for the 2012 Gravel Surface Supply Bid, south center operations in the amount of$202,500. Please return one signed original agreement to Public Works. M:\Curtis\ConVacls\2012\sOCCAgendaCoverMemo,docx Ci .. 1V '.) C r / AGREEMENT 2012 Surface Gravel Supply THIS AGREEMENT,made this day of , 20 /2 , by and between Weld County, Colorado, hereinafter called "Owner" and L. G. Everist, Inc., 7321 E. 88th Avenue, Suite 200, Henderson, Colorado 80640, 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: Surface Gravel Supply described in the Invitation for Bids, Bid No. B1200083, for the South center of operations in the amount of$202,500. 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 Surface Gravel Supply as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term "Contract Documents"means and includes the following: (A) Invitation for Bids (B) Bid Proposal (C) Bid Schedule (D) Bid Summary - (E) Receipt of Addenda (F) Bid Bond (G) W-9,Request for Taxpayer Identification Number and Certification (H) Statement of Qualifications and Subcontractors (I) Anti-Collusion Affidavit (J) Notice of Award (K) Agreement (L) Performance Bond (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 (W) Revision of Section 703,Aggregate (X) Map Locations No. , dated , 20 No. , dated , 20 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. 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 BY //l^z- ,, NAME Sean P. Conway NAME 0 bee_v e tt- f (Please Type) TITLE Chair TITLE 6./.1-/e S /21,1 c r Date JUN 18 2012 ADDRESS L, C, FS er srsf/tic. tryil N 1321 r - 8"R+h '4-de. 3uifca20( fm, 1-4,vdersoyO (6 CJ n'&' /� Cc �kY I �J c3[i[!!i �[ tset 'r r ! e �T (SEAL) 1 , �.F i� I � (SEAL) (_ ATTEST: /- j 7 • HEST: (14-a' 0 o00 i_ii 1, Weld County Clerk to the Board emu-- � .,,, r-C BY �/i2uL _ .6' �.� BY rzrnes SC filler. Deputy Clerk the Board (Please Type) TITLE ASScs4Dat. Srcct_.4-a i M:\Curtis\Contracts\2012\AGREE-LGEverist-South.doex /.2—I/ 7 PERFORMANCE BOND #105771888 Surface Gravel Supply 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) 1 111 II Street.P.O.Box 758. Greeley,Colorado 80632 (Address of Owner) hereinafter called Owner. in the penal sum of Two Hundred Two Thousand Five Hundred & no/100 Dollars, (S202,500,00 ), 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 4th day of June , 2012 , a copy of which is hereto attached and made a part hereof for the construction of: Surface Gravel Supply: described in the Invitation for Bid, Bid No.81200083 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall he void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. Page 27 PERFORMANCE BOND Surface Gravel Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 4th day of June , 2012 . L. G. Everist, Inc. 7 Cfor D _�K (:.1 e¢r BY —k!/LZe� ✓� / weal (Contractor) Secretary (SEAL) COA.11..kr ,Ea_AA.4-- 7?,,. ,, ,se ce..2 7 . (Witness as to Contractor) (Address) 70- Eo.k 0902 J/o✓x sa//f _2) c7//7 (Address) s/otit -C/4r CD -7//7 ATTEST: Li ) I/ 2Lt. T.M. Cr4nden, Notary Public Commission -April 14, 2015 ) (SEAL) / i 44/1 By 71 !// Witn sr to Surety J.A. Miller Attorney-in-Fact W.W. Townsend 1501S 1st A . 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. Page 28 LABOR&MATERIALS PAYMENT BOND Surface Gravel Supply 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 T 06183-6014 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County.Colorado (Name of Owner) 111 I H Street,P.O.Box 758,Greeley. Colorado 80632 {Address of Owner) hereinafter called Chimer, in the penal turn of _Two Hundred Two Thousand Five Hundred Dollars & no/100 Dollars.($202,500.00 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 4th _day of June . 2012 ,a copy of which is hereto attached and made a pan hereof for the construction of: Surface Gravel Supply described in the Invitation for Aid, Bid No.B1200083 NOW, THEREFORE. if the Contractor shall promptly make payment to all persons. firms, Subcontractors, and corporations famishing 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 he 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 he unsatisfied. Page 29 LABOR&MATERIALS PAYMENT BOND Surface Gravel Supply IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be deemed an original, this 4th day of June ,-"0 12 . L. G. Everist, Inc. C ntractor r ��lP( (C By �� (Contrac or)Score ry (SEAL) Q (� q ,� t s^ C „E ?o. �ov 5 f (Witness as to Contractor) r (Address) PO. Foy Jrta9 �l%oUXC./(1- �i c7//7 / (Address) %cal< c///, eh) 57/77 ATTEST: L 2 T.M. Crifilth den, Notary Public Commission -April 14, 2015 (SEAL) � . i� By Witness as to Su J.A. Miller Attorney-in-Fact W.W. Townsend 1501 S 1st e. 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. Page 30 • * WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .A4 POWER OF ATTORNEY TRAVELERS 1 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 4 9 Attorney-In Fact No. 224581 Certificate No. 0 0 6 7 218 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 Casually 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 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. 7th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day,of January 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 S tee 1 E 195 ,yit" SE AL e� 58EL.z 9„ca+rv� �p State of Connecticut By: City of Hartford ss. Georg 'Thompson. enior 'ice President On this the 17d1 day of January 2012 . before me personally appeared George W. Thompson, who acknowledged himself to he 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 ae duly �authorized officer. In Witness Whereof,I hereunto set my hand and official seal. ,TA11IN aw� C • j-� My Commission expires the 30th day of June,2016. * ailt� * Marie C.Tetreault.Notary Public C, 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 he 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 4TH day off/JUNE ,2O 12 . fE.Hughes.Assistant Sec tary e 51 m • M 3 sv"'�`' xa " ycwy", .r19s 7 etY eSaxva f° Oe MCCIW0IFD il` x 4 ff el."4 e 3 gq i6appy ! ! Vr'' " 'i......rx+ 1r .�:" "4 An Atn To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelershond.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 186} - MEMORANDUM 1r iAl rA r ' TO: Pat Persichino, Director of Public Works DATE: May 17, 2012 UN • i f! , ` FROM: Curtis Hall, Motor Grader Supervisor SUBJECT: Surface Gravel Supply for 2012 (BID REQUEST NO. B1200083) On May 1°,2012,the bids were opened for the Surface Gravel Supply for 2012. Below are a list of bids that where submitted. VENDORS PLANT LOCATION UNIT PRICE PER TON L.G Everist Inc. (WCR 26 Lohmann Plant) $6.75 7321 E. 88th Avenue Suite 200 (WCR 7 Rinn Valley Plant) $6.75 Henderson,CO 80640 (WCR 18 Ft.Lupton Plant) $6.75 (WCR 120 Carr Pit) $7.25 Connell Resources,Inc. (Hwy 392 and CR 13 Serfir Pit) $6.75 7785 Highland Meadows Pkwy (1-25 Frontage Rd Carr Pit) $7.75 Suite 100 Fort Collins,CO 80528 Dietzler Construction (WCR 95 and 96(Thomas Pit) $ 12.00 1306 S.Main Street Torrington,WY 82240 Martin Marietta Materials (North 35th Ave,Greeley) $6.90 925 North 35th Avenue Greeley,CO 80634 Pine Bluff Gravel&Excavating (Kimball,Nebraska Pit) $7.35 215 Main Street Suite B,P.O. Box 609 Pine Bluffs,WY 82082 We have worked with the following suppliers and have had satisfactory results: Martin Marietta Materials, Connell Resources, Inc., and L. G. Everist,Inc. North East: The second low bid for the material supply was submitted by Martin Marietta Materials,The Weld County Public Works Department recommends Martin Marietta Materials be awarded the bid for the North East material supply due to plant location. Plant Location: Martin Marietta Materials--located at 925 North 35th Avenue,Greeley,CO. North West: The low bid for the material supply was submitted by Connell Resources Inc. The Weld County Public Works Department recommends Connell Resources Inc.be awarded the bid for the North West material supply. Plant Location: Connell Resources Inc.--located at 64026 I-25 Frontage Rd. South: The low bid for the material supply was submitted by L.G Everist Inc. The Weld County Public Works Department recommends L.G Everist Inc.be awarded the bid for the South material supply. Plant Location: L.G.Everist Inc. --located at 12546 WCR 18,FT.Lupton,CO. Central: The second low bid for the material supply was submitted by Martin Marietta Materials. The Weld County Public Works Department recommends Martin Marietta Materials be awarded the bid for the South material supply due to the plant location. Plant Location: Martin Marietta Materials--925 North 35th Avenue,Greeley,CO. The Weld County Public Works Department recommends that the bids be awarded as listed below based on the unit prices shown in the summary. C:\Documents and Settings\dbechler\Local Settings\Temporary Internet Files\Content.Outlook\HDO4AU84\SURFACE GRAVEL SUPPLY 83 approval letter.docx -51/421/22)/ ao/a- //109 EC7oa(04' Summary/Recommendations: Vendor Vendor NORTH EAST SUPPLY NORTH WEST SUPPLY Martin Marietta Materials 30,000 tons @$6.90/ton Connell Resources Inc. 30,000 tons @$6.75/ton 925 North 35th Avenue,Greeley Carr Pit—64026 I-25 Frontage Rd SOUTH SUPPLY CENTRAL SUPPLY L.G.Everist Inc. 30,000 tons @ 6.75/ton Martin Marietta Materials 60,000 tons @ 6.90/ton 12546 WCR 18,Ft. Lupton 925 North 35th Avenue,Greeley C:\Documents and Settings\dbechler\Local Settings\Temporary Internet Files\Content.Outlook\HDO4AU84\SURFACE GRAVEL SUPPLY 83 approval letter.docx C ---- co '° r Cco c — a w MN (0 a. CO \n o c d c d o c r > 0 0) D cE co 7 N O C E C O J O I n CN O rIf) O JLL) N 1...1.) 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CENTER OF OPERATIONS 08 „ i • • ' .T; ` 1 .1...1,r.1 e : j LOCATIONS: "•r 85 err:pal i. t TONS _ : North East/Wt;R 300 and 105 30.00 •+ ..: f�';T' 0 1 •North West/WCR 06 and 37 30. 0 °` 1 _~ _• �: : . • '....r South/WCR 40 and 30 .` rr O _ 1 Public Works Office/1111 H ST 60, 0 ' ��r - • • '0 TOTAL. 150,000 .�. . '` 111HST r_yl r ._r 85 ALProx CO3)00 ..i . ..7 • 72 ... ... 1' it fir; • f••: 70 I •:i 7 •� ..i: .68.. a.• :5■r• :t.1.. 64 • • �31 �•34 85'" t 58 34 •34 34 34/rL`rir' 56.. 52 _.,'7.8 7[1•hbY1.i i L• 85 1 alb. 50 • ' . .I. .r.:-.S .1 f • 5 F.Jr r�ql+ ...y:. 1- i• j3�41z,+ -44.. SCl1 E. 85 Al.:. ; icaaa/s" 85:' . y r.- .•C� .••1:"11 . .• .:AFWoz 34 .300001 7 r35V�r' . 1...: 1 302... •• w+E • - 26 24 I 22 1 1 1 i" 'Ile • • • 14. } 3 r..l ) r: :q�. . ' 6 ti 0 3 6 12 18 24 �. • : : : 1••••11 I i t.... •__ • 2 ��i Miles Hello