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HomeMy WebLinkAbout850310.tiff Tk : : - . MET . raue this 21st day of August . 19 85, by and bet :_en The board of Weld County Commissioners , hereinafter called `Owner" and Mountain Constructors, Inc. , 939 38th Avenue Ct. , P. O. Box 1288. Greeley, CO 80632 kbkxxx xxAxnxxxxx _ hereinafter called 'Contractor" . W,ITNESSETH : That for and in consideration of the payments and agreements here- inafter mentioned : 1 . The Contractor will commence and complete the phased construction of Construction of Weld County Bridge 1/22A and Realignment of approximately 780 feet of Weld County Road 1 2 . Tne Contractor shall furnish all material , supplies , tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. S. The Contractor shall commence the work required by the Contract Documents in accordance with the date stated in the Notice to Proceed and shall complete the work within the time stated in the Bid Proposal unless the period for completion is extended otherwise by the Contract Docu ents . 4. The Contractor agrees to perform all of the work described in the Contract Documents and comply with the terms of therein for the sum of Two hundred sixty-five thousand three hundred seventy and NO/100 (5265,370.00----) for Construction of Weld County Bridge 1/22A and Realignment of approximately 780 feet of Weld County Road 1 5. The term "Contract Documents means and includes the following : (A) Advertisement for Bids (B) Information for Bidders (C) Bid (0) Bid Bond (E) Agreement (F) General Conditions (G) Supplemental General Conditions (H) Payment Bond (I ) Performance Bond (J) Notice of Award (K) Notice to Proceed (L) Change Order (M) Drawings prepared by Weld County Engineerinc Department, numbered 1 of/to 15 , Drawing prepared by Weingardt Consultants for ,4: /9o2': 61/2, Weld County•= 7„ , ,r , 850310 gi_- 9 Weld GounLy Engineering Department, P. O. ox 758, Greeley, CO 80632 (0) Addendum No. 1 , dated August 13 , 1985 No. , dated , 19 No.-- __•_ _, dated , 19 No. , dated , 19__ Co._ _, dated , 19 No. , dated , 19 (P) Notice of Contractor' s SettieTtsnt Final 1 Receipt and Guarantee (R) Other 6. The 0v:ner 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 , adminstrators , successors, and assigns . IN WITNESS WHEREOF , the parties hereto have executed, or caused to be executed by their duly authorized officials , this Agreement in seven (7) , each of which shall be deemed an original on the date first written above. OWNER: CONTRACTOR: The Board of Weld County Commissioners MOUNTAIN CONSTRUCTORS,/ ��INC. B)�a ��.,,,,o �� acs By 72-e/ev Name Jacou line Johnson _ Name Joe Kuntz (Please Type) (Please Type) Title Chairman Title President Address P. O. Box 1288 Greeley. CO 80632 (SEAL) (SEAL) ATTE T: ^ y f •), ATTE�S • / Name Ms�laiy Ann Feuerstein Name —3Py-1-p hi se:a,sP, (Please Type) (Please Type � Title Weld County Clerk and Recorder Title � �" BY: Di nio,UL phi n , YL9_9 • / y Clerk 2 My Corr tisticn Expires May 23, 1989 -pk E .r �{ ISSUE DATE(MM/DD'YY) ..AA iii��i/// �II �r �4. rY,: �VQ '" �[ y ' ' w " g/6/85 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS a NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, FLOOD & PETERSON INSURANCE, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 BOX 578 GREELEY CO 80632 COMPANIES AFFORDING COVERAGE rrn PHONE: 303-356-0123 COMPANY ' LETTER A The AEtna Casualty & Surety Company I COMPANY INSURED LETTER B t44, '` Mountain Constructors, Inc. COMPANY c it P 0 Box 1288ois it Greeley, Co. 80632 COMPANY LETTER COMPANY E it, LETTER THIS IS TO ING THAT POLICIES N ,INSURANCE LISTED BELOW OFHAVE BEEN ISSUED TO T THE INSURED NAMED ABOVE FOR THE POLICY RTI INDICATED. NOTWITHSTANDING BE ISSOR ANY REQUIREMENT,THE TERM F CONDITION DBY ANY CONTRACT DESC IB OTHER DOCUMENT WITH RESPECT THE TO E MS, THIS AND C MAY t-,, TI ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- ',':_ ' TIONS OF SUCH POLICIES. 1 CO POLICY EFFECTIVE LIABILITY LIMITS IN THOUSANDS 1. 1",rc Jr *N3LRAN.',E POLICY NUMBERPOLICY E%PIRAT!DN - LET: DATE,MAKODIY1 DATE(MM/DO/YY) EACH AGGREGA OCCURRENCE GENERAL LIABILITY BOOILY COMPREHENSIVE FORM INJURY A X 19C00519544CCA 11/9/84 11/9/85 $ $ X PREMISES/OPERATIONS PROPERTY n s $ $ UNDERGROUND DAMAGE -------------- s�. R X EXPLOSION 8 COLLAPSE HAZARD ,y. x PRODUCTS/COMPLETED OPERATIONS r01 ... X CONTRACTUAL COMEMED $ 500, $ 1,000, ',�:°. x INDEPENDENT CONTRACTORS x BROAD FORM PROPERTY DAMAGE 3' x PERSONAL INJURY PERSONAL INJURY $1,000, Pf .; AUTOMOBILE LIABILITY &IDLY INJUA x ANY AUTO 19FJ537602CCA 11/9/84 11/9/85 (PPERR"PERSON) $ ALL OWNED AUTOS(PRIV. PASS.) BODILY ' ALL OWNED AUTOS OTHER THAN) INJURY $ " PRIV. PASS / (PER ACCAEN¶ HIRED AUTOS :-4. 3` PROPERTY �' NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY - - BI S PD COMBINED $ 500, EXCESS LIABILITY UMBRELLA FORM COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY M"T WORKERS'COMPENSATION AND $ (EACH ACCIDENT) z:. EMPLOYERS' LIABILITY $ (DISEASE POLICY LIMIT) $ (DISEASE EACHEMPLOYEE) OTHER ;.`<': ' S3 s, t DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS r{, Project: Construction of Weld County Bridge 1/22A and realignment of approximately 780 feet of Weld County Road 1 CERTIFICATE HOLDER' ... - CANCELLATION= - '-.: < , °,: Board of Weld County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ' Weld County Purchasing Department, Rm 3 '= MAIL M0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' ' 915 10th Street LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY .'4, Greeley, Co. 80631 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .,.T'.. !2t i CERTIFICATE OF INSURANCE 4":71.°11/4 issued by the l• ...- �o STATE COMPENSATION INSURANCE FUND a Vs ra, IF'' vtinI [C . Cnl_naAnn Fnn3 O ce le I. FvLE .2 F40''E : ( ' !3) /;66-3541 One SOIF •#ri'.EFLrY P110"F : ( z53 ) 3S3-t ?17 :e#ZabyliNdab TO WHOM IT MAY CONCERN: This is to certify that this department has issued a Standard Workmen's Compensation and Employer's Liability Policy as described below covering the liability imposed upon subject employers'by the Work- men's Compensation Act of Colorado, said policy being in good standing as of this date. Imi . 146936—0 F. . 1 1/1/85 - 1/1/86 Mountain Constructors Inc . PO Box 1288 Greeley, CO 80632 • T- " 1 l ' `.L lef,2E : 3/9/83 luarter1y Adjustment • • ' 21 Tim' ' I C2PTFS, TIlTS CERTIFICATE "•AY 7E PrPRODEICED, •* 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 twenty days in any payment required to be made by him to the State Compensation Insurance Fund 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 Fund shall there- upon be cancelled without notice as of the effective date or renewal date of said policy. STATE COMPENSATION INSURANCE FUND KNOW ALL HEN EY THESE RESEr;TS : That Mountain Constructors, Inc. fame of Contractor P. 0. Box 1288, Greeley, Colorado 80632 Address of Contractor a Corporation hereinafter called Principal , and „or:oration, P artnership, or _ndivic�el Allied Fidelity Insurance Co. Lame of Surety P. 0. Box 7001 , Indianapolis, Indiana 46207 Address of Surety hereinafter called Surety, are held and firmly bound unto The Board of Weld County Commissioners Lame of Owner • 915 10th Street, Greeley, Colorado 80631 Address of Owner hereinafter called Owner, in the penal sum of Two Hundred Sixty-Five Thousand Three Hundred Seventy Dollars and no/100 Dollars , (5 265,370.00 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 ---- severaly, firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that whereas , the Principal entered into a certain Contract with the Owner, dated the 21st day of August 1935 , a copy of which is attached and made apart hereof for the construction of: WELD COUNTY BRIDGE 1/22A AND REALIGNMENT OF 780 FEET OF WELD COUNTY ROAD 1 NOW, THEREFORE, if the Principal shall well , truly and faithfully perform its duties, all the undertaking, covernants , 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 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 accompanyino the same shall in any ways affect its oblication on this bond, and it does hereby waive notice of any such chance, extension of time, alteration cr addition to the terms of the Contract of the work or to the specifications . PROVIDED, FURTHER, that no final se:tie:ant between the Owner ant tre Contractor shall abridge the richt of any beneficiary hereunder, r;;rose Cclaim may be unsatisfied. IT: ''v;'iTNESs '{HEREOF, this instrument is executed in seven (7) counterparts , number each one of which shall be deemed an original , this the 6th day of September , 19 85 ATTEST: E' MOUNTAIN CONSTRUCTORS, INC. Principal i6Lr� aelb �' c2 By /mod�O �r (c ) Aliipal Secretary Presiden (SEAL) P. 0. Box 1288 ',Xid `x5<xdAcxtaxiiximigii Address Greeley, Colorado 80632 Aciwees ATTEST: • ALLIED FIDELITY INSURANCE CO. (SEAL) ti p 0 .11-""/ By Law.") �,)("sY�R� ALtorney-in-Fact h' thets as to Surety ` Fact P. 0. Box 578 P.O.Box 7001 , Indianapolis, IN 46207 Address ------ Address Agent: Flood & Peterson Insurance, Inc. Greeley, Colorado 80632 P.O.Box 578, Greeley, CO 80632 NOTE: Date of bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. i; PORTANT: 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. • PAYMENT- BOND f;i;OV ALL ME,, EY THESE PRESENTS : that Mountain Constructors, Inc. Name of Contractor P. 0. Box 1288, Greeley, Colorado 80632 Address of Contractor a Corporation hereinafter called Principal , and Corporation, Partnership or incivical Allied Fidelity Insurance Co. har:.e S rety P. 0. Box 7001 , Indianapolis, Indiana 46207 Address of Surety hereinafter called Surety, are held and firmly bound unto The Board of Weld County Commissioners Name of Owner 915 10th Street, Greeley, Colorado 80631 Address of Owner hereinafter called Owner, in the penal sum of _ Two Hundred Sixty-Five Thousand Ease Bid Three Hundred Seventy Dollars and no/100 5,370.00Dollars c26 -_ _ ; in a lawful money of the United States : for the payment of which SW„ 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 Owner, dated the 21st day of August 1985 , a copy of which is hereto attached and made a part hereof for the constuction of WELD COUNTY BRIDGE 1/22A AND REALIGNMENT OF 780 FEET OF WELD COUNTY ROAD 1 NOW , THEREFORE , if the Principal shall- during the- entire length of said Contract and any extensions thereof promptly make payment to all persons , firms , sub-contractors , 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 there- of, 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 in such work whether by sub-contractor or otherwise, then this obligation shall be void; otherwise to remain 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 thereunder or the specifications accompanying the same shall in any wise affect its obligation on 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. IN WITNESS WHEREOF , this instrument is executed in seven counterparts , each one number of which shall be deemed an original , this the __6th day of September , 1985 . MOUNTAIN CONSTRUCTORS, INC. -ES_ : Principal C cZlia ( lL(i_e_vc.A By 92ent fFss4- (SEAL ) P. 0. Box 1288 4X-mxxxxxxx&xXX:tA74:ig i Address Greeley, Colorado 80632 AkixRxx ALLIED FIDELITY INSURANCE CO. Surety ATTEST : Kx yxxfxxflaxlr C (SEAL) f� ( - P L� By I Rat e J Wi Lness('as to Surety A torney-In-Fact P. 0. Box 578 P. 0. Box 7001 , Indianapolis, IN 46207 Address Address - _- Greeley, Colorado-80632 -- Agent: Flood & Peterson Insurance, Inc. P. 0. Box 578, Greeley, CO 80632 NOTE : Date of bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. II,POSTANT : 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. AlliedRv '9Fidelity Insurance Co. 11555 North Meridian Street • Carmel, Indiana 46032 • 1 (800)428-5730 Mailing Address: P.O. Box 7001, Indianapolis, Indiana 46207 $500,000 POWER OF ATTORNEY SF N2 0001596 KNOW ALL MEN BY THESE PRESENTS:That this Power-of-Attorney is not valid unless attached to the bond which it authorizes executed.It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY,HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED "'*Five Hundred Thousand and no/00 Dollars"" ALLIED FIDELITY VSpRANN F%'p .Ipddtan coWorayo hyv I ctfic in t t r 1, tat 1 diana,rlpgsahryeeynt�take, constitute and appoint: en One W1111ID l.. U151�r/rin �Le-C �. ME1S/l.ili l J. R1C�mOn ,,�t++ xCt Krings (Jointly or Severally) of /CITY) (STATE) its lawful agent and attorney-in-fact to make,execute,seal,and deliver for and on its behalf as its act and deed any and all undertakings,bonds,con- tracts of suretyship, EXCEPT:bail appearance bonds, ne-exeat bonds,immigration bonds,any guarantee for failure to pay alimony or support pay- ments,or any bond guarantying the repayment of money made available through loans or credits. USE OF MORE THAN ONE POWER VOIDS THE BOND. THIS POWER VOID IF ALTERED OR ERASED OR IF POWER-OF-ATTORNEY NUMBER DOES NOT APPEAR IN RED PRINT. The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co.at a meeting duly called and held on the 29th day of April,1982: "The President shall have power and authority to appoint Attorneys-in-Fact, and authorize them to execute, on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other surety and writings obligatory in the nature thereof;and he may at any time in his judg- ment remove any such appointees and revoke the authority given to them;and with respect to any Certified Copy of any Power of Attorney,the signa- tures of any issuing or attesting officer,and the seal of the Company,may be affixed to such Power of Attorney or to any certificate relating thereto,by facsimile;and such facsimile signatures and facsimile seals shall be valid and binding on the Company,in the future,with respect to any bond,undertak- ing or instrument of suretyship,to which it is attached." This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Allied Fidelity Insurance Co.at a meeting duly called and held on the 29th day of April,1982: "RESOLVED:That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any certifica- tion of the correctness of a copy of an instrument executed by the President pursuant to the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the company surety bonds,underwritings,undertakings or other instruments described in said By-Laws,with like effect as if such seal and such signature had been manually affixed and made,hereby is authorized and approved." IN WITNESS WHEREOF,Allied Fidelity Insurance Co.has caused ifs official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 6th day of July,1982. to: ,xso ALLIED FIDELITY INSURANCE CO./� �O 9� 2 ..,Ho Secretary President STATE OF INDIANA l SS: COUNTY OF HAMILTON f On this 6th day of July, 1982,before me a Notary Public,personally appeared H.0. CROQUART and T. L.EADS,who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of said Corporation. /I ) •� n Notary Public Notary Public,Hamilton County,Indiana . far s" My Commission Expires: 1/19/87 I,Frances A.Wilkinson,the Assistant Secretary of Allied Fidelity Insurance Co.,do hereby certify that the foregoing Power of Attorney and By- Law and Resolution of April29,1982,have not been revoked and are now in full force and effect. 6th IN WITNESS WHEREOF, I have her- unto set my hand and affixed the seal of said corporation, this day of September ,19 O • asst ' Q. Assistant Secretary NOTE TO COMPANY REPRESENTATIVE: Following. Execution Renoir To Be Detached and Returned to Cmmnanv Hello