HomeMy WebLinkAbout890314.tiff AGREEMENT
THIS AGREEMENT, made this 5th day of April , 19 89 ,
by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and
Siegrist Construction, 6999 York Street, Denver, CO 80229
doing business as
Siegrist Construction, 6999 York Street, Denver, CO 80229
hereinafter called "contractor".
WITNESSTH: That for and in consideration of the payments and
agreements hereinafter mentioned:
1. The contractor will commence and complete the phased
construction of:
Weld County Road 5 between Weld County Roads 6 and 12
2. The contractor shall furnish all materials, supplies,
tools, equipment, labor and other services necessary for
the construction and completion of the project described
herein.
3. The contractor shall commence the work required by the
contract documents in accordance with the date stated in
the Special Conditions and shall complete the work within
the time stated in the Special Conditions unless the
period for completion is otherwise extended 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:
Three Hundred Thirty-Eight Thousand, Three Hundred Ten
and 40/100 Dollars ($ 338,310.40 ******* )
for the project.
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890314
E coots
5. The term "contract documents" means and includes the
following:
(A) Advertisement
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Supplemental General Conditions
(G) Payment Bond
(H) Performance Bond
(I) Notice of Award
(J) Notice to Proceed
(K) Change Order
(L) Drawings prepared by Weld County Engineering
Department, numbered
(M) Specifications prepared or issued by
(N) Addendum
No. , dated , 19
No. , dated , 19
No. , dated , 19
(0) Notice of Contractor's Settlement
(P) Final Receipt and Guarantee
(Q) Other
6. The County will pay the contractor in the manner and at
such time as set forth in the General Conditions such
amounts required by the contract documents.
7. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators,
successors, and assigns.
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590314
IN WITNESS WHEREOF, the parties hereto have executed, or caused to
be executed by their duly-authorized officials, this Agreement, each
of which shall be deemed an original on the date first written
above.
THE BOARD OF WELD COUNTY COMMISSIONERS
CONTRACTOR
By e -c4' By
Chairman
Name Mich egrist
Title Vice esident
Address 6999 York Street
Denver, Colorado 80229
(SEAL) (SEAL)
A ST: ATTEST
Name Mary Ann Feuerstein Name Timothy F. Norton
(Please Type) (Please Type)
Title Weld County Clerk and Recorder Title Asst. Sec./Treas.
eputy County lerk
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890314
PERFORMANCE BOND
Bond No. 11119110051
KNOW ALL MEN BY THESE PRESENTS: That
Siegrist Construction CO.
6999 York Street, Denver, CO 80229
a Colorado Corporation , hereinafter called Principal,
and Corporation, Partnership, or Individual
THE AMERICAN INSURANCE COMPANY
Name of Surety
Parsippany, New Jersey
Address of Surety •
hereinafter called "Surety", are held and firmly bound unto THE
BOARD OF WELD COUNTY COMMISSIONERS, 915 - 10th Street, Greeley,
Colorado 80632 hereinafter called "County", in the penal sum of
Three Hundred Thirty-Eight Thousand, Three Hundred Ten
and 40/100 ********************** Dollars ($ 338,310.40 ****** )
in lawful money of the United States, 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 Principal
entered into a certain contract with the County, dated the 5th
day of April , 1989 , a copy of which is attached
and made apart hereof for the construction of:
Weld County Road 5 between Weld County Roads 6 and 12
Weld County, Colorado
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform it's duties, all the undertaking, covenants, terms,
conditions, and agreements of said Contract during the original term
thereof, and any extensions thereof which may be granted by the
County, with or without notice to the Surety and during the one-year
(1) guarantee period, and if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the County from all costs and damages which it may suffer
by reason of failure to do so, and shall reimburse and repay the
County all outlay and expense which the County may incur in making
good any default, then this obligation shall be void; otherwise to
remain in full force and effect.
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890314
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 work to be performed
thereunder or the specifications accompanying the same shall in
anyway affect it's 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 of the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the County and
the contractor shall abridge the right of any beneficiary hereunder,
whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 5th day
of April , 19 89
i7
ATTEST: - SIEGRIST
BY: / ...14-Aid
Pr nci ecretary eg egrisf--
Timothy . Norton
(S�) Asst. Sec./Treas. Vi P .dent
Not Applicable 69 ork Street, Denver, Colorado 80229
Witness as to Principal Address
Address
ATTEST:
Not Applicable
Surety Secretary
THE AMERICAN INSURANCE COMPANY
(SEAL)BY: ByCleei', 1
Wi ess t S ety ttorney-in-Fact , J. R. Richards
Nola A. Nash P. O. Box 9364
Address Address
Denver, Colorado Denver, Colorado 80209
NOTE: Date of bond must not be prior to date of Contract. If
contractor is a 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.
23-
I;wa American Insurance Co. Illa the Talbert corporation
7800 East Eastman SURETY BONDS AND INSURANCE
^ COTamarac 3 P.O. BOX 9364, DENVER, CO. 80209
Denver, Y1/iV�8031 AREA CODE 3031839-1773
890314
Bond No. 11119110051
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
Siegrist Construction Co.
Name of Contractor
6999 York Street, Denver, CO 80229
Address of Contractor
a Colorado Corporation , hereinafter called
Principal, and Corporation, Partnership or Individual
THE AMERICAN INSURANCE COMPANY
Name of Surety
•
Parsippany, New Jersey
Address of Surety
hereinafter called "Surety", are held and firmly bound unto THE
BOARD OF WILD COUNTY COMMISSIONERS, 915 - 10th Street, P. 0. Box
758, Greeley, Colorado 80632, hereinafter called "County", in the
penal sum of
Three Hundred Thirty-Eight Thousand,
Three Hundred Ten and 40/100 ******** Dollars ($ 338,310.40 ****)
in lawful money of the United States, 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 Principal
entered into a certain contract with the County, dated the 5th
day of April , 19 89 , a copy of which is hereto
attached and made a part hereof for the construction of:
Weld County Road 5 between Weld County Roads 6 and 12
Weld County, Colorado
NOW, THEREFORE, if the Principal shall, during the entire length of
said Contract and any extension thereof, 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, coal and coke, 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 on such work whether subcontracted or
otherwise, then this obligation shall be void; otherwise to remain
full force and effect.
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89®314
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 thereunder or the specifications accompanying the same
shall in any 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 work to be performed
thereunder or the specifications accompanying the same shall in
anyway affect it's 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 for the work or to the specifications.
PROVIDED, THEREFORE, that no final settlement between the County and
the contractor shall abridge the right of any beneficiary hereunder,
whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed on this 5th
day of Ap it , 19 89 -
ATTES 7-- SIEGRIST CON 2T ��CO.
BV:,
Principa
Princ'I' Secretary B
Timothy F. Norton ich grist, Vice President
(SEAL)Asst. Sec./Treas. 6999 O
Add s
Not Applicable
Witness as to Principal ver, Colorado 80229
Address
ATTEST:
Not Applicable
Surety Secretary THE AMERICAN INSURANCE COMPANY
(SEAL)
BY: ( 157e .
Witn s as o ure iorney-in-Fact,
y J. x• Richards
Nola A. Nash P. O. Box 9364
Address Address
Denver, Colorado Denver, Colorado 80209
The American Insurance Ca -25- _
7800 East Eastman the Talbert corporation
1� Tamarac 3 SURETY BONDS AND INSURANCE
Denver, CO 0231 B�J��+� . . P.O. BOX 9364, DENVER, CO. 80209
V V WiV9 AREACODE 303 / 839.1773
NOTE: Date of bond must not be prior to date of Contract. If
contractor is a 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 of Colorado.
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890314
GE4ERAI,
POWER OF
ATTORNEY THY' AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS:That. .AMERICAN INSURANCE COMPANY,a Corpora. .uly organized and existing under the laws of
the State of New Jersey,and having its principal office in the City of Parsippany,State of New Jersey,has made,constituted and appointed,and does by these
presents make,constitute and appoint
B. R. CLARK, CHARLES H. FLECK, COURTNEY T. PETERSON, CAROL BRONDER, P. J. FARMER,
ROBERT J. SUNICH, LEON B. DARTOIS, JAMES S. ROSULEK, J. R. RICHARDS, WILLIAM K. BARBOUR
and CELESTE MOORE — DENVER, CO jointly or severally
its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recognvances or other written obligations in the nature thereof _.—
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. . ..
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appointment and Authority of Resident Secretaries,Attorneys-is-Fact and Arms to accept Legal Process and Make Appearances.
Section 45.Appointment The Chairman of the Board of Directors,the Presideat,my Vice-President or say other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and
Attorneys-la-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process mad make appearances for and oa behalf of the
Corporation.
Section 46.Authority.The authority of suet Resident Assistant Secretaries,Attorneys-la-Fact and Agents shall be as prescribed la the instrument evideadag
their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make web appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
bebereuntoaffued this 21st day of December leg 88
F emu\ THE AMERICAN INSURANCE COMPANY
./1��/�'�/�
4;.; �,r' Y,¢-P,eal4ea
STATE OF CALIFORNIA 1 se.
COUNTY OF MARIN
Onthis-21St day of December 1988,before me personally came R. D. Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
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 by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have-hereunto set my hand and affixed my official seal,the day and year herein first above written.
agnit11nluaunuuuwsmamennunutuMOM
Z • 'r OFFICIAL SEAL Vet
'"
". 1. M. VANDEVORT K Z th ✓ —vt
NOTARY PUBLIC-CAll50RNIA s Notary Public
I \
_ � Principal Office in Merin fat.nry S
Ms Comanion Weer Aug,28.1992 il CERTIFICATE
tulul MMueleslulMMlu W lMl lulsn uelesuar S
STATE OF CALIFORNIA
ar.
COUNTY OF MARIN
1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEW JERSEY Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Dated the 5th day of Apri 1 . 19 89.
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360712—TA-11.87
. 890314
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CERTIFICATE OF INSURANCE ISSUE DATEIMM/DDNY)
4/10/89
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
fa e Talbert Corporation NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
1001 Lincoln EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 9364 COMPANIES AFFORDING COVERAGE
Denver, CO 80209
COMPALETTER NY A
U S F & G INSURANCE CO .
COMPANY
INSURED LETTER in
U S F & G INSURANCE CO.
LETTECOMPAR
c
Siegrist Construction Co . U. S. FIRE INSURANCE CO.
6999 York Street COMPANY
Denver CO 80229 LETTER l
COMPANY
LETTER
COVERAGES
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.
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIMTDN
DATE(PAINCO Y) DATE(MMIW/YYI ALL LIMITS IN THOUSANDS
GENERAL LIABILITY *H 1MP815388901 P 815 3 8 8 9 01 12/31 /88 12/31 /89 GENERAL AGGREGATE $ 2000
X COMMERCIAL GENERAL LIABILITY PTIOWCTS-COMP/OPS AGGREGATE
$ 2000
X CLAIMS MADE k ICCWRRENCE PERSONAL&ADVERTISING INJURY $ 1000
K OWNER'S 8 CONTRACTORS PROTECTIVE EACH OCCURRENCE
$ 1000
X CONTRACTITAT & BFPO FIRE DAMAGE(ANY ONE FIRE) $ 50
X "XCU"C U II PD HAZARD MEDICAL EXPENSE ZANY ONE PERSON( $ 5
AUTOMOBI E LIABILITY 1 M P 815 3 8 8 9 01 12/31 /88 12/31 /89 m
X ANY AUTO
$ 1000
ALL OWNED AUTOS BOgLY
IN URY
SCHEDULED AUTOS
(PER PERSON) $
HIRED AUTOS
NON-OWNED AUTOS PiCIOENN $
GARAGE LIABILITY
PROPERTY
DAMAGE $
EXCESS LIABILITY 5235351831 12/31 /88 12/31 /89 EACH AGGREGATE
UMBRELLA FORM occuRRENCE
$ 5000 $ 5000
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION STATUTORY
AND $ (EACH ACCIDENT)
EMPLOYERS'LIABILITY (OISEASE-POLICY LIMIT)
$ (DISEASE EACHEMPLOYEE(
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
.HOULDER WIDENING & PAVING OF WELD COUNTY
'OAD 5 BETWEEN WELD COUNTY ROADS 6 & 12, WELD COUNTY, COLORADO
*ADDITIONAL INSURED: SEE ATTACHED
*EXCEPT FOR NON-PAYMENT OF PREMIUM
CERTIFICATE HOLDER CANCELLATION WHICH IS 10 DAYS WRITTEN NOTICE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
BOARD OF WELD COUNTY EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
COMMISSIONERS *3O DAYS WRITTEN NOTICE TO THECEIITIFICATE HOLDER NAMED TO THE
P. O. BOX 758 LEFT,BUT FAILURE &&J SLWaNQ°TICE SHALL IMPOSE NO OBLIGATION OR
GREELEY, CO 80632 LIABILITY PR YKIND UPON THE C MPA , TS AGENTS OR REPRESENTATIVES.
AUTH IZEDREPRES
890314ACORD 25-S(11/85)
2- 66 (/ C IMACORD CORPORATION 1555
**ADDITIONAL INSURED:
WELD COUNTY, COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
ITS EMPLOYEES AND AGENTS
590314
CERTIFICATE OF INSURANCE
issued by the 3} ,.
STATE COMPENSATION INSURANCE AUTHORITY
950 BROADWAY, DENVER, COLORADO 80203, (303) 837-4000 -In Oa?�
pJ
cQey1 ?
4
TO WHOM IT MAY CONCERN:
This is to certify that this company has issued a Standard Workmen's Compensation and Employer's
Liability Policy as described below covering the liability imposed upon subject employers by the
Workmen's Compensation Act of Colorado, said policy being in good standing as of this date.
POLICY NUMBER: K104848-0 JANUARY 3, 1989
POLICY PERIOD: JANUARY 1, 1989 TO JANUARY 1, 1990
INSURED: SIEGRIST CONSTRUCTION COMPANY
6999 YORK ST.
DENVER, CO 80229
DATE OF ORIGINAL ISSUE: DECEMBER 31, 1978
QUARTERLY ADJUSTMENT
** FOR ADDITIONAL COPIES, THIS CERTIFICATE MAY BE REPRODUCED. **
IMPORTANT: THE COVERAGE DESCRIBED ABOVE IS IN EFFECT AS OF THE ISSUE DATE OF THIS
CERTIFICATE. IT IS SUBJECT TO CHANGE AT ANY TIME IN THE FUTURE.
All policies are subject to the following provision of the Workmen's Compensation Act with
respect to cancellation:
Section 8-54-114. If any employer shall be in arrears for more than thirty days in any payment required to
be made by him to the State Compensation Insurance Authority as provided by this Act, he shall by virtue
of such arrangement be in default of such payment and any policy issued to him by said Authority shall
thereupon be cancelled without notice as of the effective date or renewal date of said policy.
STATE COMPENSATION INSURANCE AUTHORITY
FORM P-267(6-88)
CMG/jj CARON M. GREEN, INSURANCE REPRESENTATIVE
890314
NOTICE OF AWARD
TO: Sieqrist Construction
6999 York Street
Denver, Colorado 80229
PROJECT DESCRIPTION: Weld County Road 5 between
Weld County Roads 6 and 12 (3 Miles)
The County, represented by the undersigned, has considered the Bid
submitted by you for the above-described work in response to it's
Advertisement of Bids dated March 1 , 1989 .
You are hereby notified that your bid has been accepted for
Weld County Road 5 between Weld County Roads 6 and 12
in the amount of Threc Hundred Thirty-Eight Thousand,
Three Hundred Ten and 40/100 Dollars ($ 338,310.40 ***** ).
You are required by the Information for Bidders to execute the
Agreement and furnish the required Contractor's 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 County will be entitled to consider
all your rights arising out of the County's acceptance of your bid
as abandoned and as a forfeiture of your bid bond. The County 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 County.
Dated this 5th day of April 19 89 .
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890314
WELD COUNTY
THE BOARD OF COUNTY COMMISSIONERS
4441-11-61-e,
By:Title: 4d1 7Xl,5c�-r-v--
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
123 ie. VI
fi�
this the 7 • day of r. I M , 19 89 .
By:
Title: ✓✓✓�. }� v
I "
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 of Colorado.
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890314
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