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Home My WebLink About890610.tiff RESOLUTION RE: APPROVE AGREEMENT WITH LAWRENCE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF WELD COUNTY BRIDGE 58/47B AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement with Lawrence Construction Company concerning the construction of Weld County Bridge 58/47B, and WHEREAS, the terms and conditions are as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement with Lawrence Construction Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: tefilat4A:ItaMit€0WELD COUNTY, COLORADO Weld County erk and Recorder and Clerk to the Board C.W. Kirby, Ch irman BY: a fie e J s , Pro-Tem l.`Deputy oun y erkir e APPROVED AS TO FORM: - e R. Bran er c / George Ke ne County Attorney Gord n . ac c L/�o0/9 t' 4 -° itq, -(mil! 890610 AGREEMENT THIS AGREEMENT, made this 17 day of July , 1989, by and between THE BOARD OF WELD COUNTY COMMISSIONERS, and Lawrence Construction Company doing business as 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 phased construction of CONSTRUCTION OF WELD COUNTY BRIDGE 58/47B 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 Million Two Hundred Twenty-Two Thousand Three Hundred Seventy-Nine Dollars and 27/100's ($ 1,222,379.27 ) for the project CONSTRUCTION OF WELD COUNTY BRIDGE 58/47B 19 890610 5. The term "Contract Documents" means and includes the following: (A) Advertisement (B) Information for Bidders (C) Non-Collusion Statement (D) Bid (E) Bid Schedule (F) Bid Bond (G) Notice of Award (H) Acceptance of Notice (I) Agreement (J) Performance Bond (K) Payment Bond (L) Insurance Requirements (M) Notice to Proceed (N) Change Order (O) Drawings prepared by RBD, Inc. , numbered 1 thru 13 and 100 thru 112 (N) Specifications include: Special Conditions, General Conditions, and Technical Provisions (O) Addendum No. 1 , dated , 1989 No. 2 , dated , 1989 No. 3 , dated 1989 (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. 20 /- 890610 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�o BY BY .70eC3' tt tu[-CJ-i NAME C.W. Kirby (Please Type) NAME 49RL. 7C. [,QerJ cAltica (Please Type) TITLE Chairman TITLE Rea/naafi- Address Re T3vw /8x L/rre ,vim, Co/.repo to/6O (SEAL) (SEAL) ATTEST. AT T: etea, DIA&fire-ote-e-17 NAME N "k/c1+ Me: W, La fC'nCe (Please Type) (Please Type) TITLE TITLE 'V ,/%S/L/epr iCG ATTEST; , WELD COUNTY 8 ERK AN RECORDER AND CLERK TO TH MD �•7x De ty County Clerk I 21 890610 PERPORNANCB BOND BOND NO. 30228975 KNOW ALL MEN BY THESE PRESENTS: That LAWRENCE CONSTRUCTION COMPANY Name of Contractor P.O. Box 189, Littleton, CO 80120 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership, or Individual FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 1224 Wadsworth Blvd. , Lakewood, CO 80215 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 One million two hundred twenty two thousand three hundred seventy nine and 27/100 Dollars ($ 1 ,222,379.27 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 17 day of July , 1989, a copy of which is attached and made apart hereof for the construction of: CONSTRUCTION OF WELD COUNTY BRIDGE 58/47B NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its 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 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. 22 890610 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 any ways 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 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 17 day of July , 19 89 . ATTEST: LAWRENCE CONSTRUCTION COMPANY !' .��ipa Principal By G%�%1GK��(S) Vitr(SEAL) P.O. Box 189, Littleton, CO 80120 Witness as to Principal Address L.in-EA-13`a -o Address ATTEST: ety Secretary FIDELITY AND DEP IT COMPANY OF MARYLAND (S ) B Witness as o Surety t ey-in- act Di ynn uern C4/Cez000i\ eo 1224 Wadsworth Blvd. Address Address Lakewood, CO 80215 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 89°610 PAYMENT BOND BOND NO. 30228975 KNOW ALL MEN BY THESE PRESENTS: That LAWRENCE CONSTRUCTION COMPANY Name of Contractor P.O. Box 189, Littleton, CO 80120 Address of Contractor a Corporation , hereinafter called Principal, and Corporation, Partnership or Individual FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 1224 Wadsworth Blvd. , Lakewood, CO 80215 of Maryland , 1989, a copy of which is hereto attached and made a part hereof for the construction of: CONSTRUCTION OF WELD COUNTY BRIDGE 58/47B 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 corporation 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 in such work whether subcontractor 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 way 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 a final settlement between the County and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 24 r; 890610 r- r� IN WITNESS WHEREOF, this instrument is executed in Three (3) (number) counterparts, each one of which shall be deemed an original, this the 17 day of July , 1989. LAWRENCE CONSTRUCTION COMPANY ATTEST* Princ pal BY Yet / (S) Principallitt ntied (SEAL) P.O. Box 189, Littleton, CO 80120 Witness as to Principal Address j C tt q.ttQ Address FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety ATT ST JAA11101,/beBY Witness as to Surety y-i Fact DiLynn Guern 1AZUCti , 1224 Wadsworth Blvd. , Lakewood, CO 80215 Address Address 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. 25 8610 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland. by C. M. PECOT, JR. Vice-President, and C. W. ROBBINS 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 on the date hereof, does hereby nominate, constituteandappointDon R. Broyles, Frank C. Penn 'Lynn G , Kathryn K. Shanks, Annamarie B. Schaffer, Anita Love and Dian , al �takewood. Colorado.. ,EACH. .4 its true and lawful agent and Attorney-in-Fact,to make,execute, deliver,f on its behalf as surety,and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in p e"9 of these shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they ha.C duly ex .s and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in proper . ..s.This power of attorney revokes that thdBw issued on behalf of Don R. Bray etal, + d, April 5, 1989. The said Assistant Secretary does hereby at the ajag is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF,the said Vice`` -ent and ,,� .•.t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY ,C\F EPOSIT,•'ANY OF MARYLAND, this 27th day of April , A.D. 1989 A FIDELITY AND E�s,� .IT COMPANY OF MARYLAND ATTEST: % uat4.1fre... e CL) 2 By Assists,' gory Vice-President STATE OF MARYLAND sg. CITY OF BALTIMORE 1 On this 27th day of April , A.D. 1989 , before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and 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, at the City of Baltimore, the day and year first above written. — ray Notary lie Commi ion spires July 1 , 1990 •O.r 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 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 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any 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 day of , 19.- 020-0600 C,,°aptat T' I Assistant Secretary 890610 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, undertakings,recognizancea, 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." L1428b ' dry°�r� .. - RANCIIIBINDER • - THIS BINDE F A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. I I The Linden Company l` Royal Insurance Co. 3000 S. Jamaica Ct. if 21O DATE EFFECTIVE TIME DATE EXPIRATION TIME Aurora, CO 80014 7/10/89 12:01 x AM Until policy 12:01 AM PM l CR11AT,rP NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO.: CODE SUB-CODE DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(INCLUDING LOCATION) INSURED Lawrence Construction Company Weld County Bridge 58/47B P. 0. Box 189 Littleton, CO 80160 • OVERAGES ALL LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE COVERAGES/FORMS AMOUNT D�IICiIFXF PROPERTY CAUSES OF LOSS Builder's Risk-All risks of direct physical BASIC ICBROAD r1SPECIAL loss, subject to policy exclusions 1,222,379. 2,500 100% Includes earthquake coverage 25,000 3ENERAL LIABILITY - COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $ PROCUCTSCOMP/CPB AGGREGATE $ GUMS MACE CCCe PERSONAL&AOVERIISING INJURY $ OWNER'S&CONTRACTORS umes PROTECTIVE EACH OCCURRENCE $ FIRE DAMAGE(ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: - MEDICAL EXPENSE(ANY ONE PERSON) $ \UTOMOBILE I ALL VEHICLES I I SCHEDULED VEHICLES CSL $ _LIABILITY SI PERS/ACCID $ NON/OWNED HIRED Po $ — MED.PAY $ GARAGE PIP $ UM $ UTO PHYSICAL DAMAGE J ALL VEHICLES I I SCHEDULED VEHICLES 1 ACV COLLISION DED: STATED AMOUNT $ OTC OED: OTHER EXCESS LIABILITY AGGREGATE SELF-INSURED OCCURRENCE REIEN11011 1 UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE: STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) ;PECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES SAME 8 ADDRESS MORTGAGEE x ADDITIONAL INSURED Owner: Weld County LOSS PAYEE All subcontractors LOAN# AUTHORIZED REPRESENTATIVE -a�� i.. 89061 , CORD 75S (11/85) IIR/ACORD CORPORATION 1985 _L_ w Of fir.-� i�i till V 1�1� I NCE SSUEDA E( M/DDnr PRODUCER t TH S C MTPICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS I he L 1r c(' C m a',1 y NC F a HTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, C;0 C 1 i ,i(_ t:t #-, Q EX 11 4)01 A'.TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. W r'o r'a , ,_ c„ ar,O f'.G0 . 1 ---- -- - ------ ;ONIPANIES AFFORDING COVERAGE )MI'A 1,_ _I!TT�:F • __ _jCr the, n Ir;rurorice (.t_) , of N . Y . INSURED -------- — ---- - CDMr/ V/ L ETT El e ' _awrellce lstt u( t i Dr. i,;. triparl ;DAN AJ` C' . j4}T 39 .E TTI!F _ ittlet_:n , ._(_) 801157 iIMEA11 rl — — -- ..ETTIF w. IX)MEA 11— LE nip E yCOVERAGES ' I ,.■IUiRIIIIII ■ ( THIS IS TO CERI 'THAT I POLICIES OF ID SUF ANCE LIST )BELO1 H AVE BEI:FIE'SUI 010 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, i NOTWITHSTANC 3 Al1Y F EQUIPMENT.TEEM OR CON .TIOII OE AI IY CON'PACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR M 'PE 9TA IN,THE II ISURANC E AFFORDI I BY TH P)L C IES 0 :E CRI 9EE HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH ILIC ES. CO TYPE OF 3UR iNC E ,[_ICY ,FE, EXPIRATION LTR POLICY UME ER NEE(N*,/Donn DAE/(MM/D ALL LIMITS IN THOUSANDS GENERAL LIABII Y ---_ — -- _-- - -- -- GENERAL AGGREGATE $ 1 , 000 x COMMERCIAL NER/LL.ABILITY EP@68810 2 ' ( / 3 /33 0/31/89 PflODUCT5-COMP/OPS AGGREGATE $ 1 , 000 CLAIMS MI E>_OCC JRRE J(E PERSONAL&ADVERTISING INJURY OWNERS&CON :TOR]PRE TECTNE $ 1 , 000 EACH OCCURRENCE $ 1 , 000 ---- FIRE DAMAGE(ANY ONE FIRE) $ 50 MEDICAL EXPENSE(ANY ONE PERSON) $ 1 1 AUTOMOBILE LN LIT1' x ANY AUTO WAA92353 70 CSL x ALL OWNED A S C / 3] /68 LO/; 1/8J $ 1 , 000 BODILY SCHEDULED A )S NJURY X HIRED AUTOS (PER P BODILYERSON) AF Y X NON-OWNED A IS (MIURv GARAGE LIABII PROPERTY _---_ DAMAGE $ EXCESS LIABILIT EACH AGGREGATE 1 UMBREL A L1 A13 . CII32 107201 I o,c 0/31 /x98 0/31 /89 $ 2 , 00R0000 ?$ 000 OTHER THAN U. RELL\FCRM - r WORKERS'Co .PENSA"ION --- --- STATUTORY - A. -- 9 '2968v53 0/31/88 10/31/89 $ 500 (EACH ACCIDENT) EMPLOYER) JAE ILITY $ 500 (DISEASE-POLICY LIMIT) OTHER --- ---- $ 500 (DISEASE-EACH EMPLOYEE) DESCRIPTION OF OPE'-4TIONS/LO(:ATID NS,VEHWLES/REST"ICTIONS SPECIAL ITEMSAL L OPERATIONS-ALL LOCATIONS Weld County Bridge 58/47B Additional Insured as their interest may appear, for all policies except worker's compensatio Weld County, Colorado - I I ' H'L'.ER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL SWOESXCEEDmp 915 10th St. , P. 0. Box 758 Greeley, CO 80632 MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: Pat Persichino, Purchasing Direct. LEFT,;}!EMMICEIMatINROGINSICHOMIXIAKICINDOEI XIIMICAXMLIIMOCIIIIILICUMIONEKOOLIZINEXXXIGEKIECOME431280113201MESI. AUTHORIZED REPRESENTATIVE , a 890610 CORD 25-S (11/85) `]' ,G. ' IIR/ACORD CORPORATION 1985 mEmoRAnDum VIII Clerk to the Board July 13, 1989 To Date Rex Cantrell, Civil Engineer II, Engineering Department COLORADO From Approve Agreement with Lawrence Const. , Bridge 58/47B Subject: Please include on the Board's agenda for Monday, July 17, 1989, the approval and signature of the agreement with Lawrence Construction Company for the construction of Bridge 58/47B. RC/mw:mab xc: Commissioner Lacy Bridge File - 58/47B SSI°614 Hello