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Home My WebLink About880829.tiff AGREEMENT THIS AGREEMENT, made this 17 day of August , 1988 by and between THE BOARD OF WELD COUNTY COMMISSIONERS, AND Coulson Excavating Inc. doing business as Coulson Excavating Inc. hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The contractor will commence and complete the phased construction of NORTHMOOR LOCAL IMPROVEMENT DISTRICT 2. The contractor shall furnish all material, 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 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 of therein for the sum of One Hundred Ten Thousand Ninety-Five Dollars and no/100's ($110,095.00) for the project NORTHMOOR LOCAL IMPROVEMENT DISTRICT S-DOO %o 770£29 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information on Bidders (C) Bid (D) Bid Bond (E) Agreement (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 Engineering Department, numbered (N) Specifications prepared or issued by (0) Addendum No. , dated , 1988 No. , dated , 1988 No. , dated , 1988 (P) Notice of Contractor's Settlement (Q) Final Receipt and Guarantee (R) 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. 880829 17 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. BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR &or �/�j �p Cou3� cavaBY {t�/ 0 BY � NAME Gene Brantner, NAME Richard Coulson Chairman (Please Type) TITLE Vice—President Address 3609 No. Co. Rd. 13 Loveland Colorado 80538 (SEAL) (SEAL) A TEST: ATTEST: NAME M ry Ann Feuerstein NAME Diana Moneypenny (Please Type) (Please Type) TITLE County Clerk & RecorderTITLE Assistant-Sec. By: ,.i...i� .r cnt4 18 880829 NOTICE OF AWARD TO: Coulson Excavating Inc. 3609 No. Co. Rd. 13 Loveland, Colorado 80538 PROJECT DESCRIPTION: NORTHMOOR LOCAL IMPROVEMENT DISTRICT The County, represented by the undersigned, has considered the bid submitted by you for the above described work in response to its Advertisement for Bids dated July 6, 1988. You are hereby notified that your bid has been accepted for Northmoor Local Improvement District in the amount of One Hundred Ten Thousand Ninety-Five Dollars and no/100's ($110,095.00). 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 17 day of August , 1988. THE BOARD OF WELD COUNTY COMMISSIONERS (County) ��.� �� ✓J�J BY: GZl( I.WL� Title: (AlijJvl"'ll.�ef� /�/ -A'�'�'t 880829 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Qu�.5oA Fxrwowi-1,1 Ctiorvarw.i . ltdc this 1-14k.— day of , 19 BY: `I Title: \1 icy-Pe s<<1ea..14- 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. 880829 15 \FECO INSURANCE COMPANY OF AMERICA • UENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 Bond No. 5539181 PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No.A-311 February, 1970 Edition COULSON EXCAVATING COMPANY, INC. KNOW ALL BY THESE PRESENTS, That we, (Here insert the name and address or legal title of Contractor) 3609 N. County Rd. 13, Loveland, CO 80538 as Principal, hereinafter called Contractor,and SAFECO INSURANCE COMPANY OF AMERICA,a Washington Corpora- tion of Seattle,Washington,as Surety,hereinafter called Surety,are held and firmly bound unto WELD COUNTY, COLORADO P.O. Box 758, Greeley, CO 80632 (Here insert the name and address or legal title of Owner) One hundred ten thousand ninety five and as Obligee,hereinafter called Owner,in the amount of no/100 Dollars($110,095.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated August 17 19 88 entered into a Contract with Owner for Northmoor Local Improvement District in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. (continued on reverse side) 880829 5-1219 R1 8/77 PRINTED IN U.S.A. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly 1. Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed and sealed this 19th day of August 19 88 COULSON EXCAVATING COMPANY, INC(Seal) V�t� Principal (Witness) / 2)--t A465* Vitt, ass, Title SAFECO INSURANCE COMPANY OF AMERICA C(1,4 fia (Witness) G By c. fc ',-11"( ANITA LOVE Attorney-in-Fact 880829 ABOR AND MATERIAL ,AFECO INSURANCE COMPANY OF AMERICA PAYMENT BOND GENERAL INSURANCE COMPANY OF AMERICA � FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 5539181 Bond No. Approved by The American Institute of Architects A.I.A. Document No. A-311 February, 1970 Edition • Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and faithful performance of the'Contract. KNOW ALL BY THESE PRESENTS, That we, COULSON EXCAVATING COMPANY, INC. (Here insert the name and address or legal title of Contractor) 3609 N. County Rd. 13, Loveland, CO 80538 as Principal, hereinafter called Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corpora- tion of Seattle,Washington, as Surety,hereinafter called Surety,are held and firmly bound unto WELD COUNTY, COLORADO, P.O. Box 758, Greeley, CO 80632 (Here insert the name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Claimants as hereinbelow defined, in the amount of One hundred ten thousand ninety five and no/100 Dollars($ 110,095.00--- (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated August 17 19 88 entered into a contract with Owner for Northmoor Local Improvement District in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect,subject, however, to the following conditions: I. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (continued on reverse side) S-1220 R1 10/72 R ,SOF 2q ^^ ^Tf^ ^ 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant,may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any Claimant, a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named,within ninety(90) days after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. b)After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project,or any part thereof, is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve- ment, whether or not claim for the amount of such lien be presented under and against this bond. Au gust , 19 88 Signed and sealed this 19th day of S r COULSON EXCAVA ING COMPANY, Ikal) cipal lit/LA.1A— 0-On Witness • )C.4.� 2�E.S Title SAFECO INSU NCE COMPANY CF AMERICA Witness By nita Love Attorney-in-Fact 880829 POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 SAFECO No. 1 501 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ---PAUL G. LINDEN; DON R. BROYLES; FRANK C. PENN; PATRICIA A. TOUVE; ROBERT L. COX; THOMAS S. APP; BARRY N. BLANCHARD; RAE L. CAMPBELL; KAREN LOOSE; DiLYNN GUERN; ANITA LOVE; KATHRYN K. SHANKS; LISA MARTY, Denver, Colorado its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 29th day of July , CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . .On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of August 19 88 • • 880829 PRINTED IN U S A. CERTIFICATE OF INSURANCE issued by the - .a STATE COMPENSATION INSURANCE AUTHORITY a ` Oa iz 950 BROADWAY, DENVER, COLORADO 80203, (303) 837-4000 -{ _TO �AFysgTION trim'* 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: K059018-0 JULY 8, 1988 POLICY PERIOD: JULY 1, 1988 TO JULY 1, 1989 INSURED: COULSON EXCAVATING CO. , INC. 3609 N. COUNTY RD. 13 LOVELAND, CO 80538 DATE OF ORIGINAL ISSUE: JULY 19, 1970 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 twenty 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. ST E COMPENSATION INSURA C�ORITY FORM P-267 (8-87) CMG:bam CARON M. GREEN, INSURANCE TECHNICIAN 880829 A 6,VIY,JJ,YYl Of I CERTIFICIE OF IN • - ° , ♦ _ &/z2/&&m� PRODUCER THIS CERT FR ATE IS 1351 S A I I ONLY AND CONFERS THE LINDEN COMPANY NC>PIC HT' UI DI] 'HE CEF :ATE T DCES nry NyT AMEND, EXTEND O" A III THEO SAGE E 10 LAKESIDE LANE , 8109 ___- _ -- - - ----- -- DENVER , COLORADO 80212 C:MPA SA RAGE ----- - --- - (OM':'NY ET E'I it AETNA CASUAL- 1 Y R SUHLTY .-- --- COME WY Lt INSURED _ET"E':R OULSON EXCAVATING CO . , INC . COMP-,NY 1,, 3609 NORTH COUNTY ROAD 813 IET-ER ' OVELAND , COLORADO 80537 COMP'a Y I ETTER r) COMPAIY T' 6.: -� - I.EER COVERAGES a.X- ., I. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS.:-- )NAN .1Y PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OP 0-'HER )OC. NT W HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I: 3JEC1 ;LUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER PDLr Y E EC 1,E E%PIRA SIN THOUSANDS LTR DATE ;MP DDY 1 MM/DD GENERAL LIABILITY _iI- ------ $ Y,-0QU , x COMMERCIAL GENERAL LIABILITY 19CO5074328* 13/31/88 3/31/89 _REGA1__ - $ 3 ,000 'CLANSMAN X OCCURRENCE I 'UM! $ 1 , 000 X OWNERS&CONTRACTORS PROTECTIVE $ 1 , 000 IRE' $ 50 )DE PE:SON' $ 5 --;-- — --- — a AUTOMOBILE LIABILITY F I , x ANY AUTO 19FJ817516 33/31/88 3/31/89 1 ,000 X ALL OWNED AUTOS , � a I 1 SCHEDULED AUTOS _-__ , i��: 3 ff X HIRED AUTOS I 1 X NON-OWNED AUTOS 1 — L' '. ,f GARAGE LIABILITY .1, , .j D_ f EACH AG4REGATE EXCESS LIABILITY JRRENCE A X UMBRELLA LIAB 19XS559450 03/31/88 3/31/89 2 , 000 $ 2 ,000 OTHER THAN UMBRELLA FORM _ ____ - WORKERS'COMPENSATION 'EACH ACCIDENT' AND 'DISEASE POLICY LIMIT) EMPLOYERS'LIABILITY ICISEASE I<,CH EMPLOYEI OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSALL E NATI ONS-ALL LOCA I IONS- PROJECT: Nonthmook Local. Imp. V42tac-t *Additi-ona2 Insulted az ne>spects -hips ;m.o./eat: (Veld County CERTIFICATE HOLDER CANCELLATION = Wekd County SHOULD ANY OF THE ABOVE DESCRIBED POLICIE E if OA'CELLED BEFORE THE EX P. O. Box 758 PIRATION DATE THEREOF, THE ISc.11'NG 'i'!Y WILL ENDEAVOR TO Gneetey, Cotonado 80632 MAIL 30 DAYS WRITTEN NOTICE I 'HE CEk II :1E HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHA''.:. It,IPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITz fu EN-'S OR REPRESENTATIVES. AUTHORI 0 REPRESENTATIVE C 4 .14J J 880529 / ACORD 25-S (11/85) ,e,-/ACORD CORPORATION 1• Hello