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HomeMy WebLinkAbout972120.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF THE "H" STREET ROADWAY AND WATERLINE - FINANCE DEPARTMENT 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 Department of Purchasing has requested waiver of the ten-day waiting period for the bid for the "H" Street Roadway and waterline for the Finance Department, Bid Request No. B9700221, due to shortage of time for completion of construction projects, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten- day waiting period for said bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for the bid for the "H" Street Roadway and waterline for the Finance Department, Bid Request No. B9700221, be, and hereby is, waived. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of September, A.D., 1997. Weld County Clerk to ft! CC; Pet) MD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO `Geo E. Baxter, Chairman Barbara J. Kirkmeyer �J 1M that W. H. Webster 972120 P00008 BID REQUEST NO. B970022I RE: "H STREET ROADWAY & WATERLINE\Finance Dept. The following bids are to be presented to the Weld Board of County Commissioners on Wednesday, September 24, 1997 and are to be considered for emergency approval on Wednesday, September 24, 1997 VENDORS AMOUNT J-2 CONTRACTING COMPANY. 1200 Carousel Dr. #101 0.1-) -z Windsor, CO 80550 BEST -WAY PAVING CO. P.O. Box 3189 Greeley, CO 80632 MOUNTAIN CONSTRUCTORS INC.. P.O. Box 405 Platteville, CO 80651 *Engineers Estimate is $254,989.00. $255,275.61 $257,863.59 $280,235.00 972120 n NOTICE OF AWARD To: 1-2CONTRACTING COMPANY 1200 CAROUSEL DRIVE #10L WINDSOR, CO 80550 PROJECT Description: "H'_' STRF.FT ROADWAYANII WATER LINE IMPROYEMENTS The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated SEPTEMBER 4 , 19 97 , and Information for Bidders. You are hereby notified that you BID has been accepted for items in the amount of 744,74 61 You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish bonds within 15 days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER 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 OWNER. Dated this 14TH day of SEPTEMBER , 19 97 CA -I Owne By Uea2 ?,gykg, Title 4-r( 13 c! woo rio 06,-n rssQinef'5 972120 CONTRACT THIS AGREEMENT made this _ a? ? day of 0 c E.+t 1922 - _, by and between _____ —. _._ WELD COUNTY hereinafter called the OWNER and �i2 CONTRACTING COMPANY hereinafter called the CONTRACTOR. WITNESSETH that for and in consideration of the payments and agreements hereinafter mentioned. I. The CONTRACTOR will commence and complete the construction of `r STREET ROADWAY & WATER I INE IMPROVEMENTS 2. The CONTRACTOR will furnish all labor, material, supplies, tools, equipment, utilities, transportation and other services necessary for the complete construction of the project described herein and in the related documents. 3. The CONTRACTOR will undertake the work required by the contract documents in not more than 30 days after the date of the notice of award and to complete said work with the period stated in the bid. 4. The CONTRACTOR agrees to perform all work described in the contract documents for the amounts itemized in the bid. 5. The term contract documents used herein means and includes the following: A. Advertisement for Bids B. Information for Bidders C. Bid D. Bid Bond E. Data Sheets if Requested F. List of Subcontractors G. Statement of Qualifications H. Contract I. Payment Bond J. Performance Bond K. Contractor Certifications L. Notice of Contract Award M. General Conditions N. Special Provisions O. Plans P. Addenda C-1 972120 6. The OWNER will pay the CONTRACTOR the amounts itemized in the bid in accordance with the conditions set forth in the General Conditions. 7. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this agreement the date last written above. OWNER: Ieu c To GJ U SEAL Name Sol- C. LLB- - . erP-R6 C-2 By _ t e.2-7,' /2 ?t X Name- WV" 47 %Y - Title_ Zebu (G /k CONTRACTOR: J- a c aturitiascnN Cotnpvy---I Name. So.N C pax3 Address_ 1200 c-o}ttovsR AL* )01 co 8°550 972120 PERFORMANCE BOND Bond No. 12513 KNOW ALL MEN BY THESE PRESENTS: that J-2 CONTRACTING COMPANY (Name of Contractor) 1200 Carousel Drive, #101, Windsor, Colorado 80550 (Address of Contractor) a Co ration (Corporation, Partnership or Individual) and PIONEER GENERAL INSURANCE COMPANY (Name of Surety) Denver, Colorado (Address of Surety) hereinafter called Surety, are held and firmly bound unto BOARD , hereinafter called Principal 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* Dollars, $(255,275.61 ) 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 OWNER, dated the 2t -do day of O c- F c;_ 19 GI 1 , a copy of which is hereto attached and made a part hereof for the construction of: "H" Street Roadway and Water Line Improvements, Greeley, Colorado Purchase Order No. P9701517 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, 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 the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise * FIFTY FIVE THOUSAND TWO HUNDRED SEVENTY FIVE AND 61/100. 972120 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 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 three counterparts, each one of (Number) which shall be deemed an original, this the 2-w day of 0c_�Q 19 C11 . ATTEST: BY: ,A l 2f/ J-2 CONTRACTING COMPANY fj/ (Principal) Secretary Principal SEAL: Not Applicable Witness as to Principal (Address) ATTEST: y ,y � BY: L 1 I l cLa al Witness as to Surety Susan J. Rawson Denver, Colorado 80209-0364 (Address) Denver, Colorado By 1200 rousel Drive, #101 (Address) Windsor, Colorado 80550 (s) PIONEER GENERAL INSURANCE COMPANY Attorney -In -Fact 0. Box 9364 is ards (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is 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. INSURN CE a Hilb, Rogal and Hamilton Company of Denver P.O. Box 9364 Denver, CO 80209-0364 Phone 303/722-7776 Fax 303/722-8862 Surety Bonds and Insurance 972120 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that J-2 CONTRACTING COMPANY (Name of Contractor) 1200 Carousel Drive, #101, Windsor, Colorado 80550 Bond No. 12513 a rorpora*ion (Address of Contractor) (Corporation, Partnership or Individual) and PIONEER GENERAL INSURANCE CCMPANY (Name of Surety) Denver/ Colorado (Address of Surety) hereinafter called Surety, are held and firmly bound unto BOARD OF WELD COUNTY COMMISSIONERS , hereinafter called Principal (Name of Owner) 915 10th Street, Greeley, Colorado 80631 (Address of Owner) hereinafter called OWNER, in the penal sum of TWO HUNDRED* Dollars, $(255, 275.61 ) 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 OWNER, dated the 2 r✓D day of cp sc ca 19 ci , a copy of which is hereto attached and made a part hereof for the construction of: "H" Street Roadway and Water Line Improvements, Greeley, Colorado Purchase Order No. P9701517 NOW, THEREFORE, if the Principal shall 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 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 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 * FIFTY FIVE THOUSAND TWO HUNDRED SEVENTY FIVE AND 61/100. 972120 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 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 three counterparts, each one of (Number) which shall be deemed an original, this the .2-1D day of in c2r-o ccjz 1991 . ATTEST: , BY: /i/ / J-2 CONTRACTING COMPANY i (Principal) Secretary SEAL: Not Applicable Witness as to Principal (Address) ATTEST: BY: Witness as to Surety Snsan J. Rawsnn (Address) Denver, Colorado au Wier /Pricipnal- By Orb (s) 1200 CaL'8use1 Drive, #101 (Address) Windsor, Colorado 80050 PIONEER GENERAL INSURANCE COMPANY Attorney -In -Fact J. R. Richards P rL Rnx 9164 (Address) rkpnvnr. CojnraAn 80209-0364 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is 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. a Hilb, Rogal and Hamilton Company of Denver P.O. Box 9364 Denver, CO 80209-0364 Phone 303/722-7776 Fax 303/722-8862 Surety Bonds and Insurance 972120 PIONEER GENERAL INSURANCE COMPANY Denver, Colorado POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the PIONEER GENERAL INSURANCE COMPANY, a corporation of the State of Colorado has its principal office in the City of Denver, Colorado pursuant to the following By-law, which was adopted by the Board of Directors of the said Company in 1990, to wit: 'Article VI - Section 2 - RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice -Presidents and Attorneys -In -Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time, does hereby make, constitute and appoint *** COURTNEY T. PETERSON, LEON B. DARTOIS, CELESTE MOORE *** JAMES S. ROSULEK, J. R. RICHARDS OF DENVER, COLORADO its true and lawful Attorney(s)-In-Fact, to make, execute, seal and deliver for and on its behalf, as Surety: And any and all undertakings of suretyship *** * * * And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Denver, Colorado, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Pioneer General Insurance Company, held on June 1, 1990. 'RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article VI - *Section 2 of the Company By-laws; and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Ali authority hereby conferred shall remain in full force and effect until terminated by Me Company. IN WITNESS WHEREOF, PIONEER GENERAL INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 8th day of March .1996 Secretary State of Colorado ) ) ss. County of Denver ) PIOf ER GENERAL INSURANCE COMPANY (.9 L (,&( (A-1‘- By PRESIDENT On this 8th day of March ,1g 96 , before me personally came Robert H. Warburton to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Adams, State of Colorado; that (s)he is the President of the PIONEER GENERAL INSURANCE COMPANY, the corporation described in which executed the above instrument; that (s)he knows the seal of the 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; that (s)he signed (his) (her) name by like order; and that By-law, Artice VI -Section 2, adopted by the Board of Directors o - - •., , eferred to in the,prer•eding instrument, is now in force. M. 114 INT'..01. q,9• *'(%F.. My Commission Expires • v ` • • r • • a • • • otary Public /L G ,,e__} A t M. J. Frick , Secretary of PIONEER GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PIONEER GENERAL INSURANCE COMPANY, which is still in full force and effect. Signed and sealed at the City of Denver, Colorado this day of , 19 -t P133 Secretary 972120 ►IDOItIL CERTIFICATE OF INSURANCE DATE(MM/DO/PQ 10/01/97 PRODUCER HRH of Denver 455 Sherman Street, Suite 390 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 93 64 COMPANIES AFFORDING COVERAGE Denver, CO 80209 COMPANY AMaryland Casualty Company INSURED J-2 Contracting Company COMPANY BColorado Compensation Insur. Authori 1200 Carousel Dr., #101 Windsor, CO 80550 COMPANY c COMPANY D I 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. CO. TYPE OF INSURANCE LTR POLICY NUMBER 'POLICY EFFECTIVET*OLICY EXPIRATION LIMITS DATE (MM/DD/TT) DATE (MM/00/YY) A GENERAL LIABILITY CFP29003325 12/02/96 112/02/97 GENERAL AGGREGATE 'I$2,000,000 X (COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $2,000,000 CLAIMS MADE II OCCUR PERSONAL BADV INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) s3 00 , 00 0 MED EXP (Any one person) $10,000 A AUTOMOBILE LIABILITY ANY AUTO CFP29003325 12/02/96 ' 12/02/97 COMBINED SINGLE LIMIT $1,000,000 A ALL OWNED AUTOS BODILY INJURY IIS (Per person) _ X X HIRED AUTOS NON AUTOS BODILY INJURY (Per accitlent) $ -OWNED PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT II$ A EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE �$ FORM I AGGREGATE $ UMBRELLA I OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND 3114522 07/01/97 07/01/98 STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT '$500, 000 THE PROPRIETOR/ I X INCL DISEASEPOLICYLIMIT 500,000 PARTNERS/EXECUTIVE OFFICERS ARE: 1 EXCL I DISEASE -EACH EMPLOYEE $500, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Additional Insured re: General Liability for "H" Street Roadway & Water Line Improvements Job, PO No. P9701517 performed by the insured: Board (See Attached Schedule.) CERTIFICATE HOLDER Board of Weld County Commissioners CANCELLATION'. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 915 10th St Greeley, CO 80631 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY K 0 UPON THE COMPANY, ITS E S OR REPRESENTATIVES I ACORO25•S(3193)1 of 2 #847407/M44622 AUTHO I D EPRESENT ✓ Li LJH 5I ACOROCORPORATION 1993 972120 0 NS (Continued from page 1.): Weld County Commissioners,Owner & Ketterling, Butherus & Norton Engineers LLC, each of their consultants, agents and employees. tt5GEM25.2(3/93)2 of 2 #S47407/M44622 9%2120 Hello