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Home My WebLink About20021454.tiff AGREEMENT Roadway Improvements for WCR 65 and WCR 24.5 THIS AGREEMENT,made this 20th day of May ,20 02 ,by and between Weld County,Colorado, hereinafter called"Owner"and Mountain Constructors, Inc. doing business as (an individual, ) or (a partnership,) or (a corporation)hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following: The roadway improvements of WCR 65 between WCR 8 and State Hwy. 52 and WCR 24.5 at the Roggen Elevator as described in the Invitation for Bids, Bid No. B0200106. 2. The Contractor will furnish all of the material,supplies,tools,equipment,labor and other services necessary for the construction and 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 complete the WCR 24.5 Project within 37calendar days but no later than June 14,2002 and the WCR 65 Project within 74 calendar days but no later than August 16,2002,unless the period for completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of$ 882,344.25. 5. The term "Contract Documents"means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Bond (E) Agreement (F) General Conditions (G) Project Special Conditions (H) Labor and Materials Payment Bond (I) Performance Bond (J) Notice of Award (K) Notice to Proceed (L) Change Order (M) Certificate of Substantial Completion (N) Lien Waiver (O) Notice of Acceptance (P) Drawings prepared by the Weld County Public Works Department,titled"WCR 65 From WCR 8 to St.Hwy. 52",and"WCR 24.5 Roggen Elevator" (Q) Specifications prepared or issued by the Weld County Public Works Department (R) Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (S) Colorado Department of Transportation Standard Plans"M& S Standards" (T) Addenda: No. , dated ,20 No. , dated ,20 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. E 6 004140 2002-1454 AGREEMENT Roadway Improvements for WCR 65 and WCR 24.5 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 far 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 COMMISSIONERS CONTRACTOR'/ BY _^I_ ��" BY $2.�i�K1 NAME Glenn Vaad NAME Joe Kuntz (Please Type) TITLE Chair TITLE President Date 05/20/2002 ADDRESS PO Box 405 622 Main St. Platteville, CO 80651 (SEAL) (SEAL) ATTEST: L7il t L' lle,a` Art Weld County Clerk to the B� 'd Q� JSi l.Utia-- p 1861 �0 i2:� C BY Ca �ii� �1'0 .L . �A`/ BY Andrea Johnson Deputy Clerk to `j4 \\ (Please Type) Title Secretary PERFORMANCE BOND Rogdwtiv Irngrovngtents for WCR ti5 and`NCB, 5 — - Bond No: 08635401 KNOW ALL MEN flY THE PRESENTS; Eliot Mountain Constructors, Inc. ---- (Name of Contractor) P.O. Box 405, Platteville, CO 80651 (Address of Contractor) _—Corporation _,hereinafter called Contractor,and a (Corporation, Partnership, or individual) Fidelity and Deposit Company of Maryland ----- --. ..—�---------- ( dante of Surety) ------------ —' ---- — 3910 Keswick Road, Baltimore, MD 21211 (Address of Surety) hereinafter called surety, are held and firmly hound onto ----w—.---•-- Weld County Colorado (Name of Owner) '-- '-- --� -------•---^_—.---_-- 1'W(')_Box 758 1111 H Street•ire_eley,.Cvloradp fit-1632 (Address of Owner) Eight Hundred Eighty—Two 'refhg�tsSttir hereinafter called Owner, in the penal suns of hr.aa..Nnndreii_,Fsrty Four Do,,lars,($882,344•25 ), ht lawful money of t c 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 20th day cf_May , _0 02_,a copy of which is hereto attached and made a part hereof for the construction of: The roadway improvements of WOK 65 between WCR 8 and State Hwy. 52 and WCR 24.5 at the Roggen Elevator as described m the Invitation for Bids, Bid No.130200106. NOW THEREFORE,if the Contractor shall well,truly and faithfully perform its duties,all of the undertakings,covenants,telnts, conditions,and agreements of said contract during the original term thereof,and any extensions thereof which may be,,anted by the Owner, with-or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract,and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,then this obligation shall be void; otherwise to remain in force and effect. PROVIDED,FURTHE R,that the said Surety for value received hereby stipulates and agrees that no change,extension of time, altetation or addition to the terms of the contract or to the Work to be performed thereunder 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 oanis 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 unmtisfied. Far.," ., PERFORMANCE BOND) $igidwaylmproyentenrs for WCR 65 and WC a;4.5 IN WITNESS WHEREOF,this instrument is executed in five(5)counterparts,each one of which shall be deemed an original,this 20th clay of May .2002 Mountain Constructors, Inc. Contractor Dy i l"�//�, - (Contra' or)Secret y -- _.__...--- _ — (SEAL) P.O. Box 4O5 (Witness as to Contractor) (Address) Platteville, CO 80651 (Address) ATTEST: (Surety)Secretary (SEAL) .--44-14(12345P-1L ()Jilin✓1 Dy �— Witness aurety D.N. yles ttorney in act P.O. Box 8099 Fidelity and Company of Maryland _ (Address) (Address) - Bozeman, MT 59773 3910 Keswick Road, Baltimore, MD 21211 NOTE: Date of Bond must net he prior to date of Contract. If Contractor is Partnership,all partners should execute Bond. IMPORTANT. Surety companies executing Bonds roust appear on the Treasury Department's most current list(Circular 570 as amended)and he authorized to transact business in the State where the Proiect is located. P•«c 23 LABOR R MATERIALS PAYMENT JIOND fioddwar linrr,ovements for WCR 65 snj :VAR 24.5 Bond No• 08635401 KNOW ALL MEN BY THE PRESENTS;that Mountain Constructors, Inc. (Name of Contractor) P.O. Box 405, Platteville, CO 806.5k (Address of Contractor) Corporation __,, __ ,hereinafter called Contractor,and a (Corporation.Partnership.or Individual) Company of Maryland (Name of Surety) 3910 Keswick Road, Baltimore, MD 21211 (Address of Surety) hereinafter called surety,are held and firmly bound unio Weld Co nty,Colorado (Name of Owner) • P,0. BOY,758. 1 111 H Street.,Greeley, Colc2fdn 80632 (Address of Owner) hereinafter called owner; in the nenal sum of. Eight Hundred Eighty—Two Thousand Three Hundred Forty Four and 25/100 Dollars,($ 882,344_9S ). 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 20th_ day of May , 20 02 a copy of which is hereto attached and made a part hereof for the construction of: The roadway improvements of WCR 65 between WCR.8 and State Hwy. 52 and WCR 24.5 at the Roggen Elevator 35 described in the invitation for!aids,Bid No. B0200106. NOW,THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing lehrn- 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,repairson machinery,equipment and tools,consumed nr used in connection with the construction of such Work,and all insurance premiums on said Work,and for all labor,perforated 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 ume, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond,and it dues 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 thz 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. Pnt?e 24 LABOR& MATERIALS PAYMENT BOND fwaUwav Improvements for`JVCR 65 turd N'.;E 24.5 TN WITNESS WHEREOF,this instrument is executed in five(5)cottnterpnts, each ona of which shalt be deemed an original, this 20th day of May ...._ 20 02_,, Mountain Constructors, Inc. Contractor ., �_._.. - i • BY (Contr tor)Seer ry (SEAL) P.O. Box 4O5 (Witness as to Contractor) (.Address) Platteville, CO 8O651 (Address) ATTEST: (Surety) Secretary (SEAL) Y--f - By‘—' S.---11/U1)11(AriWi rss as to Surety D.N. Broyle erne to-Fact P.O. Box 8099 Fidelity and eposit Company of Maryland (Address) (Address) Bozeman, MT 59773 3910 Keswick Road, Baltimore, MD 21211 NOTE: Date of Bond must not be prior to date of Contract_ It-Contractor is Partnership,all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current ihst(Circular 10 as amended)and be authorized to transact business in the State where the Project is located. Pa:,c'"+ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect the date he••' does hereby nominate, constitute and appoint Kathryn D. BROYLES, D. N. BROYLES, Jeffrey L LES a EACH its true and lawful agent and Attorney-in-Fact, to mak te, seal .'. liver, for,and , all itfs Bozeman, ehalf Montana, as surety, and as its act and deed: any and all bonds and undertakings execut'a uch bonds oor undertakings in pursuance of these presents, shall be as binding upon said Company, and a L . all intents and purposes, as if they had been duly executed and acknowledged by the regularly elec icers of �.mpany at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify extract opt filtA"on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is force. G-02.,..) IN WITNESS WHEREOF, the said Vice ent and A4 ant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FID�Fixi AND� IT COMPANY OF MARYLAND,this 4th day of April,A.D. 2001. �j �� ATTEST: eNY' FIDELITY AND DEPOSIT COMPANY OF MARYLAND e lifted, 4. e •c.c 0 la Ck7N)C..1).44211'1...WCItr—. A"..., By: J. G. Hamilton Assistant Secretary Paul C. Rogers Vice President State of Maryland J County of Baltimore ss: On this 4th day of April, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �p�. c3' J NOTARY * NOM if %Olt �� Carol J Fader Notary Public My Commission Expires: August 1,2004 POA-F 180-3435 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 20th day of May 2002 Assistant Secretary Hello