HomeMy WebLinkAbout790996.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND
ECM-McCOY CONSTRUCTION CONCERNING CONSTRUCTION OF WELD
COUNTY BRIDGE 58/47A.
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, an agreement between Weld County, Colorado and
ECM-McCoy Construction for the construction of Weld County Bridge
58/47A has been presented to the Board of County Commissioners
of Weld County, Colorado, and
WHEREAS, the Board deems it adivsable to approve said
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
Weld County, Colorado and ECM-McCoy Construction for the con-
struction of Weld County Bridge 58/47A be, and hereby is,
approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 12th day of
September, A.D. , 1979.
y. BOARD OF COUNTY COMMISSIONERS
ATTEST: 1n 07 /✓ WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,_ tae._ (Aye)
and Clerk to the Boafld Norman Carlson, Chairman
(By: 0.,,�.-ci ,Lc � * CH �y1 i�� �D��„ i (Ave)
Deputy County `Clerk Lyd$Dunbar
APP17O D AS TO FURL: J C I W. by tf (Aye)
County Attorney s,L ,x•-y . /Lic (Aye)
Leonard L. Roe
ABSENT DATE PRESENTED (Aye)
June K. Steinmark
DATE PRESENTED: SEPTEMBER 17 , 1979
790996
I^ AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of August
in the year 1979 , by and between The Board of Weld County Commissioners
, organized and existing in the County of Weld
under and by virtue of the laws of the State of Colorado herein-
after designated as the Owner, party of the first part, and
ECM-McCoy Construction
hereinafter designated as the Contractor, party of the second part.
WITNESSETH: That the parties hereto have mutually covenanted and agreed,
and by these presents do covenant and agree, with each other as follows:
ARTICLE I
The Contract Documents consist of the Notice Inviting Bids, the Instructions
to Bidders , the accepted Proposal , the Bid Sheet(s) , the List of Subcontractors,
els the Bid Security Form for check or bond, the Agreement, the Faithful Performance
Bond, the Payment Bond, the General Conditions of the contract, the Supplementary
General Conditions of the Contract, the Detail Specifications, and the Drawings,
all of which are hereto attached, together with all additions , deletions , modi-
fications, and appendices and all addenda as prepared prior to date of bid opening
setting forth any modifications or interpretations of any of said documents here-
by incorporated in and made a part of this Agreement as fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and per-
formed by the Owner as set forth in said Contract Documents, the Contractor agrees
with the Owner to construct
A Bridge on 18th Street Road, Weld County, Colorado
as specifically set forth in documents entitled
CONSTRUCT BRIDGE 58/47A
for which award of- contract was made, to furnish at his own proper cost and ex-
pense all plant, labor, services , material , tools , equipment, supplies, trans-
portation, utilities, and all other items and facilities necessary therefor, as
f
C-1
•esN provided in the Contract Documents, and to do everything required therein.
ARTICLE III
For furnishing all said services and materials; obtaining all permits and
licenses of a temporary nature; furnishing and removing all plant, temporary
work or structures , tools , and equipment; and for doing all the work contemplated
and embraced in this Agreement; also for all loss and damage arising out of the
nature of the aforesaid work during its progress or prior to acceptance from the
action of the elements , and from any unforeseen difficulties which may arise or
be encountered in the prosecution of the work, and for all other risks of any
description connected with the work ; also for all expenses incurred by or in con-
sequence of the suspension or discontinuance of work, except such as in the said
Contract Documents are expressly stipulated to be borne by the Owner, and for
well and faithfully completing the work and the whole thereof within the stipu-
lated time and in the manner shown and described in the said documents and in
accordance with the requirements of the Engineer under them; the Owner will pay,
and the Contractor shall receive in full compensation therefor, the prices set
forth by him in the accepted Bid. The total compensation to be paid computed on
the basis of the units of work actually performed in accordance with the require-
ments of the Contract Documents and paid for at the stipulated prices named in
the Bid Sheet(s) for completion of the work.
ems ARTICLE IV
The Owner hereby promises and agrees with the said Contractor to employ,
and does hereby employ, the said Contractor to provide the materials and to do
the work according to the terms and conditions herein contained and referred to,
for the price aforesaid, and hereby contracts to pay the same at the time, in
the manner, and upon the conditions set forth in the Contract Documents; and the
said parties for themselves , their heirs, executors , administrators , successors ,
and assigns do hereby agree to the full performance of the covenants herein con-
tained.
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ARTICLE V
No work, services, material , or equipment shall be performed or furnished
under this Agreement unless and until a notice to proceed has been given to the
Contractor by the Owner.
IN WITNESS WHEREOF: The parties hereto have caused this contract to be
executed the day and year first above written..
Party of the First Part Party of the Second Part
WELD COUNTY ��J G��y-- C/
r
Owne Contractor
Norman Carlson
Title: Chairman, Board of Weld
County Commissioners
By >i- / J,zZ /
•
Title, / 4a7?/,
ATTEST: y' IG�(it F 7 'Zr)
itle• /f,) , .4 � & ( ./
rt
�- SP 696136
Pannnnnnnnnm .% AMERICAN RU GISTS S/se /zee G i'an,800 AMERICAN BLDG. CINCINNATI,OHIO 45202 513-721-4270
Performance Bond
OW ALL MEN BY THESE PRESENTS:
t McCoy Construction, Greeley, Colorado
(Here insert the name and address or legal title of the Contractor)
rincipal, hereinafter called Contractor, and.AInr:ic.an...RuzgA .:I; ' ItlS.r...< Q. ..., a corporation
the State of Ohio.., with its home office in the City ofinainat.tJ.S.A., as Surety, hereinafter
ed Surety, are held and firmly bound unto W.elid...C.aun.ty...of. C.Q1.o.rado
(Here insert the name and address or legal title of the Owner)
bligee,hereinafter called Owner,
he amount of 0ne...H.undrd..T.weX)ty. gt...T.bo.14an.d..and 00/100
lars ($..128.,.QO.Q..DQ ), for the payment whereof Contractor and Surety bind themselves,
ir heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, Contractor has by written agreement dated 19tered into a contract with Owner for...C.anatr c.ti.on...o.f...Br..i.dge... 8/..47A
ccordance with drawings and specifications prepared by
(Here insert full name,title and address)
ch 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
mptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it
l remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner
ing performed Owner's obligations thereunder, the Surety may promptly remedy the default,or shall
mptly(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids 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 the Owner and 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 Con-
tractor under the Contract and any amendments 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
ch 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
Owner named herein or the heirs, executors, administrators or successors of Owner.
Signed and sealed this 31st day of...A.ugut ,/ A.D. 19 79
McCoy Construction� "7/the presence of: (Seal)
Princi al
1915O919,
Title
Amer can Dru gists ' iIne>>pance Company
By �.,5j ....• ..:- (Seal)
Jp- eph R. Burke , Attorr:T ein-Fact
SP 696136
` 1212J2J�I�J4J2.fdIL ,
gh AMERICAN R GISTS 9rzdu"aizce
800 AMERICAN BLDG. CINCINNATI,OHIO 45202 513-721-4270
Labor and Material Payment Bond
Note: This bond is issued simultaneously with Performance Bond in favor of
the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That M&CRY...C.Rll5t.rulrt.i4.n., Qreeley,,,, Colorado
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called Principal, and...Amer..ic.an.J2rugg?,s.ts ' Z11S......C.o,,.. a corporation
of the State of Ohio...., with its home office in the CityCincinnati , U.S.A.,as Surety,hereinafter
called Surety, are held and firmly bound unto Weltt...C.aunt c...CA.J.p.rado
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of One Hundred Twenty-eight Thousand, and 00/100
(Here insert a sum equal to at least one-half of the contract price)
Dollars ($.128.,.000...oa ) 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 19
entered into a contract with Owner for...C.ons.truc.tian...ol:..lari.dge...5B./.47.A
in accordance with drawings and specifications prepared by
(Here insert full name,title and address)
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 Principal shall promptly make pay-
ment 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:
1. A claimant is defined as one having a direct contract with the Principal or with a sub-contrator 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.
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 of 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 con-
struction 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 improvement,
whether or not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this ,3.iS.t day of August A.D. 19.7.5
In the presence of: McCoy Construction
. ... ....(Seal)
Prirtc pal_
alexfr X
Title
Ame can Druggists ' Insurance Co .
By �� l '--
(Seal)
Jo.,,seph R. Burke Title
'Attorney-in-Fact
THIS POWER VOID IF ALTERED OR EnASED OR IF POWER NUMBER IS NOT IN BLuE INK. y�POWER NUMBER
•
POWER OF ATTORNEY SP NI 696136
THE AMERICAN DRUGGISTS' INSURANCE COMPANY
800 American Building • Cincinnati,Ohio 45202 • 513-721-4270
KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY,a corporation duly organized
under the laws of the State of Ohio, and having its general office in the city of Cincinnati,State of Ohio,has made,constituted and
appointed,and does by these presents,make,constitute and appoint
Chafete6 0. Red.i.ea on 304eph R. Bakke of Denve,'t, Co.toaado
its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign and deliver in its behalf as Surety,any and
all kinds of Surety Bonds,except as limited hereon,and to bind THE AMERICAN DRUGGISTS'INSURANCE COMPANY thereby as
fully and to the same extent as if such instruments were signed by the duly authorized officers of THE AMERICAN DRUGGISTS'
INSURANCE COMPANY and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and
confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed
One Handfeed Twenty-Eight Thousand Doltaftz
(This power does not authorize the execution of bonds for loan, financial or bank guarantees.)
The acknowledgement and execution of any such document by 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.
The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any
such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any
such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to
which it is attached,continue to be valid and binding on the Company.
THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution
of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force,to wit: All
Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President,or by such
other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint
Attorneys-in-Fact or agents who shall have authority to issue bonds in the name of the Company.
MI authority hereby conferred shall expire and terminate,without notice,unless used before midnight of Januafty
1 , 19 80 ,but until such time shall be irrevocable and in full force and effect.
IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut-
ed by its officer,with its corporate seal affixed,this date of August 31 , 1979 •
THE AMERICAN DRUGGISTS' INSURANCE COMPANY
r'.t'
1105
By %tag'
STATE OF OHIO ) President
COUNTY OF HAMILTON ) SS:
On this August 31st , 19 79 , before me, a Notary Public, personally appeared Gordon M. Barker who being by
me duly sworn, acknowledged that he signed the above Power-of-Attorney as an officer of the said THE AMERICAN DRUGGISTS'
INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation.
My commission expires:January 15, 198ACV. Abet/at
,.a1A�'•s
Er /.R3,_
Notary Public
misir.1o:
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