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HomeMy WebLinkAbout20121168.tiff • MEMORANDUM co- N T _ TO: Clerk to the Board DATE: May 15, 2014 FROM: Neal Bowers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Bid No. B1200075 Doc #: 2012-1168 Please submit for Chair's signature: Contract Extension/Renewal for 2014 Crack Filler material Supply with Crafco, Inc. Attached is one original. q// (-Fe / /� /I ///, 2012 - 1168 m:\erancie\AGENDA memos\AgendaNealBowers.docx frL,• Pw / 7 &. Ai s) �/��66 li 5-4a-`/9t, JV C/ l/' CONTRACT EXTENSION/RENEWAL Crack Filler Material Supply 2014 Date: 4/27/2014 Project _Crack Filler Material Supply 2014 Owner: Weld County Public Works 1 1 11 H Street,P.O. Box 758 Greeley.Colorado 80632 Vendor: Crafco Inc.420 N Roosevelt Ave.Chandler.AZ 85226 The following change is hereby made to the Contract Documents: Contract Time Extension:May 22,2014 to Dec 31,2014.This is the 3"d year of a 3 year renewable contract. Change to Original Rate Schedule:Crafco Inc.held the unit price same as last year.See attached bid schedule CHANGE TO CONTRACT PRICE: See attached bid summary CHANGE TO CONTRACT TIME: The Contract time will be increased by 224 calendar days. RECOMMENDED: Owner Representativ alt W)j fLt,i/ Date: MAY 2 1 2014 Douglas Radcm cher,Chair Supervisor: r ,c 13.0-'Vt)4M--- Date: q 1 3/I LI Director: Date: -5—//3.7/y APPROVALS: Crafco, Inc. Vendor: _ • — — Date: April 28,2014 Titl • stern Regional Sales Manager ao/G1-/J d BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Weld County 2014 Crack Filler Material Supply DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 5/13/14 PERSON REQUESTING: Neal Bowers, Weld County Public Works Brief description of the problem/issue: The original agreement for the Crack Filler Material Supply can be extended from May 22, 2014 to Dec. 31. 2014 as permitted by the contract. This extension would the third year of a possible three year contract. The contract also allows for a yearly rate adjustment based upon the current Denver/Boulder/Greeley Consumer Price Index which was a 2.77% increase from Dec. 2012 to Dec. 2013. Crafco Inc. did not request an increase in price. Bid submitted doesn't exceed the 2014 budget for crack filler. 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 of renewal for Crafco Inc. under the Crack Filler Material Supply Contract. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair Barbara Kirkmeyer. Pro-Tem Sean P. Conway Mike Freeman William F. Garcia BID SCHEDULE Item Description Estimated Unit Unit Price Contract Bid Quantity 2014 411 Rubberized Crack 50 Ton $1,066.40 B 1200075 Filler/Delivery BID SUMMARY The bidder will include shipping and handling into the base Bid. Material will be delivered to the Weld County Public Works facility located at Ill ) II Street,Greeley, Colorado. [ certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County \\ill meet all specifications it has so indicated on this bid form. TOTAL BID SUMMARY S_53,320.00 FIRM Crafco, Inc. BUSINESS ADDRESS 420 N. Roosevelt Ave. CITY, STATE,ZIP CODE Chandler, AZ 85226 TELEPHONE NO. 602-276-0406 FAX NO.480-961-0513 TAXPAYER I.D.# 86-0324978 BY: Bryan Darling TITLE : Western Regiona Sales Manager DATE: April 25, 2014 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98-03551. WELD COUNTY FAX NO. (970) 352-90)9. NOTE: The following are items of work to be completed by Weld County: 2014 Crack Filler Material Supply Bid it B1200075 Crafco Inc. Item tt Item Unit 2012 Unit Price 2013 Unit Price 2014 Unit Price 411 Rubberized Crack Ton $1,066.40 $1,066.40 $1,066.40 Filler/Delivery 60 tons 50 tons 50 tons $63.984.00 $53,320.00 $53,320.00 w • • CONTINUATION CERTIFICATE THE Western Surety Company (hereinafter called the Surety) hereby continues in force its Bond No. 929498429 in the sum of Fifty Three Thousand Three Hundred Twenty Dollars and No Cents ($ 53,320.00 )dollars, on behalf of Crafco, Inc. in favor of Weld County Public Works Department, Greeley, Colorado for the (extended)term beginning on the 22st day of May 2014 , and ending on the 31st day of December 2014 , subject to all the covenants and conditions of said Bond. This Continuation is executed upon the express condition that the Company's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Company has caused this instrument to be signed by its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this 5th day of ay 2014 Crafco, Inc. Western Surety Company Principal ,._./Surety By By_ �04 J G.Vea y,Jr. Attorney-in-Fact her Brown Bottrell Insurance, Inc. Form F5567 . - Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Jim A Armstrong, Jerry G Veazey Jr, Robert L Elliott, Jerry Eugene Horner Jr,,Jason J Young,Trina Cobb,Linda D Whittington, Peggy L Jackson,Thomas Brent Tyler,Brody Eric Buckley,Angela •Bullie,Katie Aldridge,Individually of Jackson,MS,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby ghen,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof:duly adopted,as indicated,by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 8th day of November,2012. WESTERN SURETY COMPANY uaaC R4 aw r, s '� A I T.Bmfiat,Vice President State of South Dakota J ss County of Minnehaha On this 8th day of November,2012,before me personally came Paul T.Bmfiat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires • + 1 J.MOHR June 23,2015 CAL NOTARY PUBLIC wa. SO um DAKOTA - ... 4---in 64A} J.Mohr,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of MAY 0 5 2014 . `stow'" j; WESTERN SURETY COMPANY \i aeA�1: Cr. L.Nelson,Assistant Secretary Fonn F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. a 10 .y r. a. CO ti ds MEMORANDUM U N Y TO: Clerk to the Board DATE: April 17, 2013 FROM: Neal Bowers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Bid No. 1200075 Doc #: 2012 1168 Contract Extension / Renewal with Crafco Inc. for the 2013 Crack Filler Material Supply in the amount of$53,320.00 Attached is one Contract Extension/Renewal. M\Francie\AgendaNeatBowers.docx i 64a74ce n (it MEMORANDUM "lige TO: Donna, Clerk to the Board DATE: May 3, 2013 COLORADO FROM: Francie Collins, Public Works SUBJECT: Items Returned for Recording: Doc 2012-1168 Contract Extension/Renewal 2013 Crack Filler Material Supply Original Item returned for recording: Attached is one executed, original Contract Extension/Renewal and a bond with Crafco Inc. for County records. M:\Francie\AGENDA memos\ItemForRecording docx o/a//d7 er BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld County 2013 Crack Filler Material Supply DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4/9/13 PERSON REQUESTING: Neal Bowers, Weld County Public Works ;cc Brief description of the problem/issue: The original agreement for the Crack Filler Material Supply can be extended from May 21, 2013 to May 20, 2014 as permitted by the contract. This extension would the second year of a possible three year contract. The contract also allows for a yearly rate adjustment based upon the current Denver/Boulder/Greeley Consumer Price Index which was a 1.7% increase from Dec. 2011 to Dec. 2012. Crafco Inc. did not request an increase in price. Bid submitted doesn't exceed the 2013 budget for crack filler. 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 of renewal for Crafco Inc. under the Crack Filler Material Supply Contract. Approve Schedule Recommendation Work Session Comments William F. Garcia,Chair Douglas Rademacher, Pro-Tern -lam Sean P. Conway lc/ Mike Freeman 1�y1 Barbara Kirkmeyer i \ CONTRACT EXTENSION/RENEWAL Crack Filler Material Supply 2013 Date: 4/9/2013 Project Crack Filler Material Supply 2013 Owner: Weld County Public Works 1111 H Street, P.O. Box 758 Greeley,Colorado 80632 Vendor: Crafco Inc.420 N Roosevelt Ave. Chandler, AZ 85226 The following change is hereby made to the Contract Documents: Contract Time Extension: May 22,2013 to May 21,2014. This is the 2"i year of a 3 year renewable contract. Change to Original Rate Schedule: Crafco Inc. held the unit price same as last year. See attached bid schedule CHANGE TO CONTRACT PRICE: See attached bid summary CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: APR 2 2 2013 Owner Representative: = Date: Wil iam F. Garcia,Chair C� Supervisor: / 2L Date: �/ t// 3 Director. , ,11.(; L� (�'1�� Date: APPROVALS: Contractor: ,C rafc Inc. By: Date:May 1 , 2013 Title: Western Regional Sales Manager NOTICE OF AWARD 2012 CRACK FILLER MATERIAL SUPPLY To: Crafco, Inc. 420 N. Roosevelt Ave. Chandler,AZ 85226 Project Description: 2013 CRACK FILLER MATERIAL SUPPLY The contract,2013 CRACK FILLER MATERIAL SUPPLY, in general consists of supplying bituminous crack fill materials needed to carry out Weld County's maintenance plans. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of$53.320.00 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10)days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 24 day of April .2013 Weld County, lorado,Owner By jerti Pavement Management Supervisor ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Crafco, Inc. (Contractor) Dated this day of May , 20 13 By: Title: Western Regional Sales Manager C/9 // CONTINUATION CERTIFICATE THE Western Surety Company (hereinafter called the Surety) hereby continues in force its Bond No. 929498429 in the sum of Fifty Three Thousand Three Hundred Twenty Dollars and No Cents (g 53,320.00 _) dollars, on behalf of Crafco, Inc. in favor of Weld County Public Works __ for the (extended) term beginning on the ___ 2. day of May 2013 , and ending on the 21 _ day of _ May 2014 , subject to all the covenants and conditions of said Bond. This Continuation is executed upon the express condition that the Company's liability shall not be cumulative and shall be limited at all times by the amount of the penalty stated in the bond. IN WITNESS WHEREOF, the Company has caused this instrument to be signed by its duly authorized Attorney-in-Fact and its corporate seal to be hereto affixed this 29th day of April 2013 Crafco, Inc. Western Surety Company -- Principal Surety - - By. ( By: r}k_z 1— - --- Je G.V ey,Jr. orney-m-Fact • • Form F5567 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal Office in the City of Sioux Falls,and State of South Dakota. and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Jim A Armstrong, Jerry G Veazey Jr, Robert L Elliott, Jerry Eugene Homer Jr, Jason .J Young, Trina Cobb,Linda D Whittington, Peggy L Jackson,Thomas Brent Tyler,Brody Eric Buckley,Angela Bullie,Katie Aldridge, Individually of Jackson,MS,its true and lawful Anorney(s)-m-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to die same extent as if such instruments were signed by a duly authorized offrer of the corporation and all the acts of said Attorney,pursuant to the authority hereby giwn,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 8th day of November,2012. WESTERN SURETY COMPANY w 4�;0;;,rYi a eQr7ro • ___— L ail T.Bmtlat,Vice President State of South Dakota l 3 as County of Minnehaha On this 8th day of November,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota,that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation,that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires • • �`�y J.MOHR 13,"�J June 23,2015 f{ eo'AR Tr att,a tIit Si J.Mohr.Notary Public CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation panted on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th day of April 2013 • sotTMe WESTERN SURETY COMPANY �`LMrvFso L.Nelson.Assistant Secreury Form Fa280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,any Assistant Secretary,or the Treasurer may appoint Anomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • I f � BID SCHEDULE hem Description Estimated Unit Unit Price Contract Bid Quantity 2013 411 Rubberized Crack 50 Ton Filler/Delivery $1,066.4 B1200075 BID SUMMARY The bidder will include shipping and handling into the base Bid. Material will be delivered to the Weld County Public Works facility located at 1 1 11 H Street,Greeley,Colorado. I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. 1 further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. TOTAL BID SUMMARY$ 53,320.00 FIRM Crafco, Inc. BUSINESS ADDRESS 420 N. Roosevelt Ave.__ CITY, STATE,ZIP CODE Chandler, AZ 85226 TELEPHONE NO. 1-800-528-8242 FAX NO. 480-940-0313 TAXPAYER I.D.# 86-0324978 _ BY: Bryan Darling - TITLE : Western Regional Sales Manager DATE: April 3, 2013 WELD COUNTY IS EXEMPT FROM COLORADO SALES'FAXES.CERTIFICATE OF EXEMPTION NO.98-03551. WELD COUNTY FAX NO. (970)352-9019. NOTE: The following are items of work to he completed by Weld County: 2013 Crack Filler Material Supply Bid# B1200075 Crafco Inc. Item It Item Unit 2012 Unit Price 2013 Unit Price 411 Rubberized Crack Ton $1,066.40 $1,066.40 Filler/Delivery 60 tons 50 tons $63.984.00 $53,320.00 MEMORANDUM V � UhT 1 < TO: Clerk to the Board DATE: June 8, 2012 FROM: Neal Bowers, Pavement Management, Public Works SUBJECT: Consent Agenda Item RE: Bid No. B2100075 Please submit for Chair's signature: Agreement for the 2012 Crack Filler material Supply bid with CRAFCO, Inc. One original agreement is enclosed and the labor& materials payment bond. M:\Prancie\AgendaCha irS ignature.doc (al c f Lt i Cie. . Pt(' • AGREEMENT 2012 CRACK FILLER MATERIAL SUPPLY THIS AGREEMENT, made this day of , 2012, by and between Weld County, Colorado, hereinafter called "Owner" and 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: 2012 CRACK FILLER MATERIAL SUPPLY described in the Invitation for Bids, Bid No. B 1200075 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 2012 CRACK FILLER MATERIAL SUPPLY as specified by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms as shown in the Bid Schedule. 5. The term "Contract Documents" means and includes the following: (A) Invitation for Bids (B) Bid Proposal (C) Immigration (D) Bid Schedule/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) Lien Waiver (P) Final Lien Waiver (Q) Notice to Proceed (R) Project Special Provisions Index (S) General Conditions and Information (T) Revision of Section 105,Claims for Contract Adjustment (U) Revision of Section 106,Material Inspection (V) Revision of Section 106,Control of Material (W) Revision of Section 408, Materials/Joint&Crack Sealant No. , dated , 20 No. , dated ,20 Page 27 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 WELD COUNTY CONTRACTOR CRAFC0, INC. t— / / BY ,�—�r BY !' ✓ NAME Sean P. Conway NAME Mark Manning ,/ (Please Type) TITLE Chair TITLE Vice President Date JUN 1 3 2012 ADDRESS 420 N. Roosevelt Avenue T Chandler, AZ 85226 tabs Id, n. J ' 1 l_ (SEAL) • % * ""I (SEAL) ATTEST: .� ATTEST: Weld County Clerk to e Boar �,�_,.>>L__yi /1 / BY ,T %�//iJld . , ' ,('�/L> BY Diane Howard Deputy CI ' to t e Board (Please Type) TITLE Sales Administrator M:AMaintenance Contracts VCrack SealA2012\2012 Crack Seal Bid doc% Page 28 fC/&- %/toe • Bond No.929498429 LABOR&MATERIALS PAYMENT BOND 2012 CRACK FILLER MATERIAL SUPPLY KNOW ALL MEN BY THE PRESENTS;that Crafco, Inc. (Name of Contractor) 420 North Roosevelt,Chandler. AZ 85226-2601 (Address of Contractor) Corporation , hereinafter called Contractor,and a (Corporation,Partnership,or Individual) Western Surety Company WW (Name of Surety) P.O. Box 5077, Sioux Falls,SD 57117-5077 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld CountySolorado (Name of Owner) 1111 H Street.P.O.Box 758,Greeley. Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Sixty Three Thousand Nine Hundred Eighty Four and No Cents Dollars,($63.984.00 ),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 30th day of May , 20 12 ,a copy of which is hereto attached and made a part hereof for the construction of: 2012 CRACK FILLER MATERIAL SUPPLY described in the Invitation for Bids,Bid No.B1200075. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,oil.gasoline,repairs on machinery,equipment and tools,consumed or used in connection with the construction of such Work,and all insurance premiums on said Work, and for all labor,performed in such Work whether by Subcontractor or otherwise,then this obligation shall be void,;otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under of the Specifications accompanying the same shall in any way affect its obligation on this Bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED,FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. Page 32 LABOR& MATERIALS PAYMENT BOND 2012 CRACK FILLER MATERIAL SUPPLY IN WITNESS WHEREOF,this instrument is executeddii five(5)counterparts,each one of which shall be deemed an original,this 2 ' day of �i h ,2012 Crafco, Inc. ra r 0 • (Co ractor)Secretary W;II;Arn W. 1,AMptoN, ehA-itemnr1 (SEAL) I?)WV° fol( 0031 itness as to Con actor) (Address) PO ( 1639 Jac-lL-5or( A5 31al5-- lb3el (Address) JACk5o,I ms 39aIS- jG3� ATTEST: N/A See Attached POA (Surety)Secretary ( AL) By /� -Fa ', A n ge ' ne s as to Surety Jerry G. zey, r. tt M Fa Bo rell Insurance B ltrell Insurance (Address) (Address) P.O. Box 1490,Jackson, MS 39215 P.O. Box 1490.Jackson,MS 39215 NOTE: Date of Bond must not be prior to date of Contract, If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasuiy Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Page 33 _. I Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation.is a duly organized and existing corporation Navin;its principal office in the City of Sioux falls.and State of South Dakota.and That iI does by vinue of the sienalure and seal herein affixed herein make.constitute and appoint Jim A Armstrong, Jerry G Veazey Jr, Robert L Elliott, Jerry Eugene Homer Jr, Jason J Young, Trina Cobb, Linda D Whittington, Peggy L Jackson, Thomas Brent Tyler, Brody Eric Buckley, Angela Bullie, Katie Aldridge, Individually of Jackson.M.S.its true and lawful Atmmcyts-mn-Foci with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other ohl ig tor) instnunents of nvn filar nature -In Unlimited Amounts - and to hind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given.are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted.as indicated,by the shareholders of the corporation. In Witness Whereof.WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to he hereto affixed on this 4th day of January,2012. ,rrywkr� WESTERN SURETY COMPANY trp OM°a Paul .B m0ut,Senior Vice Resident State of South Dakota ss County of Minnehaha On this 4th day of January,2012,before me personally came.Paul T.Brutlat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls.State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instntment is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to he the act and deed of said corporation. My commission expires i D. KRELL `O4 November 30,2012 S �C. NOTARY PUBLICaa LL SOUTH DAKOTA e L i D.Krell.No,ry Public CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set litrth is still in force.imd further certify that the By-law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of +""-`TMe WESTERN SURETY COMPANY ove kit 44a- Iyi �f fLisii L.Nelson,Assistant Secretary Form ha2ht-04.fth - - - Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly advptcd by the Shitrcholders of the Company. Section 7. All bonds, politics. undertakings, Powers of Attorney. or other obligations of the corporation shall he executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary. Treasurer, or any Vice President. or by such other officers as the Board of Directors may authorize. The President, any Vice President,Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies.or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligation of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile. MEMORANDUM TO: Pat Persichino DATE: May 1, 2012 Director of Public Works FROM: Neal Bowers, Pavement Management Supervisor SUBJECT: Recommendation of"2012 Crack Filler Material Supply" Vendor BID REQUEST NO. B1200075 On May 1, 2012 three bids were open for the 2012 Crack Filler Supply. The bid will not exceed the proposed 2012 Crack Filler Material Supply budget. VENDOR UNIT PRICE TOTAL PRICE Crafco, Inc. $1,066.40 $63,984.00 420 N. Roosevelt Ave. Chandler, AZ 85226 Maxwell Products $1080.00 $64,800.00 650 5. Delong Salt Lake City, UT 84104 DISSCO NO BID NO BID 850 S. Lipan St. Denver, CO 80223 The Public Works Department recommends the bid be awarded to Crafco Inc in the amount of $63,984.00. Crafco, Inc was the supply of crack filler to Weld County last year with satisfactory results. 02O/e9—//ea WELD COUNTY PURCHASING gb 915 10TH St Room #334, Greeley CO 80631 E-Mail: mwalters(a�co.weld.co.us i5 Cl. E-mail: reverett(cDco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: May 15', 2012 REQUEST FOR: CRACKFILLER MATERIAL DEPARTMENT: Public Works Dept BID NO: #B1200075 PRESENT DATE: May 7'h, 2012 APPROVAL DATE: May 21st, 2012 CONTRACT: 1 YEAR- RENEWABLE UP TO THREE (3) ADDITIONAL YEARS VENDORS UNIT PRICE TOTAL (Approx 60 Tons) CRAFCO, INC $1,066.40 $63,984.00 420 N. Roosevelt Avenue Chandler AZ 85226 MAXWELL PRODUCTS INC $1,080.00 $64,800.00 650 S. Delong Salt Lake City UT 84104 DENVER INDUSTRIAL SALES & SERVICES NO BID 850 S Lipan Street Denver CO 80223 "BIDS ARE BEING REVIEWED AT THIS TIME BY DEPT** 2012-1168 ****************** REQUEST NO B1200075 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF FINANCE & ADMINISTRATION DATE: April 11, 2012 THIS DOCUMENT CONTAINS GENERAL INFORMATION FOR THE PURCHASING PROCESS OF WELD COUNTY GOVERNMENT. ALL ITEMS MAY NOT BE APPLICABLE. ACTUAL BID SPECIFICATIONS WILL BE FOUND FOLLOWING PAGE 5. NOTICE TO BIDDERS A. The Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Finance & Administration, wishes to purchase the following: 2012 CRACK FILLER MATERIAL SUPPLY PUBLIC WORKS DEPARTMENT The project, in general consists of the manufacture and delivery of specified crack fill material for the 2012 construction season. This is a one year contract that is renewable for up to three years. The material approximation of quantities is as listed on Page 12 , Bid Schedule. B. Bids for the above stated merchandise, equipment, and/or services will be received at the office of the Weld County Purchasing Department, located at 1150 O Street, Greeley, Colorado, 80631 until: TUESDAY,MAY 1,2012 (a, 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). II. INVITATION TO BID A. The Board of County Commissioners of the County of Weld, State of Colorado, by and through its Director of Finance & Administration, requests bids for the purchase of the above-listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to: to be specified. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Board of County Commissioners of Weld County to pay if awarded the bid. D. Emailed bids are preferred but they may be mailed or faxed. Bids may be emailed to: mwalters@co.weld.co.us or reverett@co.weld.co.us. An email confirmation will be sent when we receive your bid/proposal; also, if more than one copy of the bid is requested you must submit/mail hard copies of your bid Proposal. If mailed, bids should be sent in a sealed envelope with the bid title and bid number on it. Bids may be faxed to 970-336-7226 attention Purchasing. The vendor must include the following statement on the facsimile, "I hereby waive my right to a sealed bid". Please call Purchasing at 970-336- 7225 if you have any questions. Bid information and bid tabulations can be found at www.co.weld.co.us listed under the Purchasing Department. (Please check website for any new information/addenda before submitting your bid.) BID SCHEDULE Item Description Estimated Unit Unit Price Contract Bid # Quantity 2012 411 Rubberized Crack 60 Ton Filler/Delivery BID SUMMARY The bidder will include shipping and handling into the base Bid. Material will be delivered to the Weld County Public Works facility located at 1111 H Street, Greeley, Colorado. I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. TOTAL BID SUMMARY$ FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO. FAX NO. TAXPAYER I.D. # BY: TITLE : DATE: WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO. 98- 03551. WELD COUNTY FAX NO. (970) 352-9019. NOTE: The following are items of work to be completed by Weld County: Hello